Supreme Court of India Judgements

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Hindu Minority and Guardianship Act, 1956 — Section 8(3) — Unauthorized alienation of minor’s property — Such alienation is voidable, not void ab initio, and can be challenged by the minor upon attaining majority or by someone claiming under the minor. Criminal Procedure — Delay in Investigation and Filing of Charge Sheet — Speedy Trial — Right to Speedy Trial and Timely Completion of Investigation are integral parts of Article 21 of the Constitution — Statutory recognition in CrPC for prompt investigation — Investigations should be completed within a reasonable time, not endlessly — Lack of strict timelines in CrPC does not permit indefinite investigations — Inordinate delay without adequate justification warrants intervention by Courts. Contract Law — Statutory Amendment — Impact on existing contracts — Where a statutory amendment alters a fundamental aspect like royalty rates, a pre-existing contract cannot prevent the application of the amended law, especially when the payment of royalty is linked to the removal or consumption of minerals — [MMDR Act] Applicability of S.9 — Scope — Section 9 applies broadly to all entities engaged in removal/dispatch of minerals, not only direct mining lessees. Criminal Procedure — Passport — Return/Surrender of Passport — Accused facing serious criminal charges — Right to travel abroad vis-à-vis right to speedy trial — Balance between individual liberty and societal interest — Accused charged with abetment of suicide and criminal conspiracy since 2014, trial still at stage of committal despite lapse of over ten years — Accused, a US citizen, had misused interim protection in prior proceedings to leave the country without Court’s leave — Whether High Court justified in permitting accused to travel abroad on grounds of medical treatment — Held, not justified — High Court indulgent rather than judicially restrained — Medical facilities in India comparable to those abroad — High Court’s revisional order set aside — Accused restrained from travelling abroad without express permission of Sessions Court — Bharatiya Nagarik Suraksha Sanhita, 2023, S. 442 — Constitution of India, Art. 21 Service Law — Promotion — Entitlement to promotion to Chief Medical Director (Higher Administrative Grade) in Indian Railway Medical Service — Appellant was denied promotion despite being eligible, with a junior officer being promoted instead — Appellant’s case was rejected by the Tribunal and High Court based on her grading in Annual Confidential Reports
Cr P C

Criminal Procedure — Delay in Investigation and Filing of Charge Sheet — Speedy Trial — Right to Speedy Trial and Timely Completion of Investigation are integral parts of Article 21 of the Constitution — Statutory recognition in CrPC for prompt investigation — Investigations should be completed within a reasonable time, not endlessly — Lack of strict timelines in CrPC does not permit indefinite investigations — Inordinate delay without adequate justification warrants intervention by Courts.

Jun 8, 2026 sclaw
Hindu Minority and Guardianship Act, 1956 — Section 8(3) — Unauthorized alienation of minor’s property — Such alienation is voidable, not void ab initio, and can be challenged by the minor upon attaining majority or by someone claiming under the minor.
C P C
Hindu Minority and Guardianship Act, 1956 — Section 8(3) — Unauthorized alienation of minor’s property — Such alienation is voidable, not void ab initio, and can be challenged by the minor upon attaining majority or by someone claiming under the minor.
Criminal Procedure — Delay in Investigation and Filing of Charge Sheet — Speedy Trial — Right to Speedy Trial and Timely Completion of Investigation are integral parts of Article 21 of the Constitution — Statutory recognition in CrPC for prompt investigation — Investigations should be completed within a reasonable time, not endlessly — Lack of strict timelines in CrPC does not permit indefinite investigations — Inordinate delay without adequate justification warrants intervention by Courts.
Cr P C
Criminal Procedure — Delay in Investigation and Filing of Charge Sheet — Speedy Trial — Right to Speedy Trial and Timely Completion of Investigation are integral parts of Article 21 of the Constitution — Statutory recognition in CrPC for prompt investigation — Investigations should be completed within a reasonable time, not endlessly — Lack of strict timelines in CrPC does not permit indefinite investigations — Inordinate delay without adequate justification warrants intervention by Courts.
Contract Law — Statutory Amendment — Impact on existing contracts — Where a statutory amendment alters a fundamental aspect like royalty rates, a pre-existing contract cannot prevent the application of the amended law, especially when the payment of royalty is linked to the removal or consumption of minerals — [MMDR Act] Applicability of S.9 — Scope — Section 9 applies broadly to all entities engaged in removal/dispatch of minerals, not only direct mining lessees.
Contract Act Mining
Contract Law — Statutory Amendment — Impact on existing contracts — Where a statutory amendment alters a fundamental aspect like royalty rates, a pre-existing contract cannot prevent the application of the amended law, especially when the payment of royalty is linked to the removal or consumption of minerals — [MMDR Act] Applicability of S.9 — Scope — Section 9 applies broadly to all entities engaged in removal/dispatch of minerals, not only direct mining lessees.
Criminal Procedure — Passport — Return/Surrender of Passport — Accused facing serious criminal charges — Right to travel abroad vis-à-vis right to speedy trial — Balance between individual liberty and societal interest — Accused charged with abetment of suicide and criminal conspiracy since 2014, trial still at stage of committal despite lapse of over ten years — Accused, a US citizen, had misused interim protection in prior proceedings to leave the country without Court’s leave — Whether High Court justified in permitting accused to travel abroad on grounds of medical treatment — Held, not justified — High Court indulgent rather than judicially restrained — Medical facilities in India comparable to those abroad — High Court’s revisional order set aside — Accused restrained from travelling abroad without express permission of Sessions Court — Bharatiya Nagarik Suraksha Sanhita, 2023, S. 442 — Constitution of India, Art. 21
Cr P C
Criminal Procedure — Passport — Return/Surrender of Passport — Accused facing serious criminal charges — Right to travel abroad vis-à-vis right to speedy trial — Balance between individual liberty and societal interest — Accused charged with abetment of suicide and criminal conspiracy since 2014, trial still at stage of committal despite lapse of over ten years — Accused, a US citizen, had misused interim protection in prior proceedings to leave the country without Court’s leave — Whether High Court justified in permitting accused to travel abroad on grounds of medical treatment — Held, not justified — High Court indulgent rather than judicially restrained — Medical facilities in India comparable to those abroad — High Court’s revisional order set aside — Accused restrained from travelling abroad without express permission of Sessions Court — Bharatiya Nagarik Suraksha Sanhita, 2023, S. 442 — Constitution of India, Art. 21
Electricity Act

Electricity Act, 2003 – Levy of wheeling charges – Transmission licence – It was contended on behalf of HPCL that 110 kV HPCL line is a transmission line – The metering for HPCL is done at TPC-D sub-station which is admittedly a transmission asset – The CEA Regulations 2010, the Maharashtra Electricity Regulatory Commission (Transmission Open Access) Regulations, 2016 and the Maharashtra Electricity Regulatory Commission (Distribution Open Access) Regulations, 2016 provide for demarcation between the transmission and distribution boundaries on the basis of voltage – The Tribunal erred in ignoring the said Regulations while holding that 2×110 kV lines are part of the distribution system HELD Tribunal judgement set aside, remitted for fresh adjudication.

Apr 3, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAI WARDHA POWER GENERATION LIMITED — Appellant Vs. THE TATA POWER COMPANY LIMITED DISTRIBUTION AND OTHERS — Respondent ( Before : L. Nageswara Rao…

Service Matters
Service

Service Law – Disaster Management Act, 2005 – Section 44 – Disaster Management (National Disaster Response Force) Rules, 2008 – Rule – 75 – Deputation Allowance – Jurisdiction of High Court – Till 11.09.2009 the respondent continued to be under the control of his parent organisation i.e. CISF and was also getting his pay and allowances from the said authority. Therefore, though he as a member of his Battalion may have been serving the NDRF, it cannot be said that he was on deputation to the NDRF

Apr 3, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. R. THIYAGARAJAN — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Civil Appeal…

Direct Taxation

NDTV TAX CASE : Income Tax Act, 1961 – Sections 147 proviso 2 and 148 – Scrutiny Notice – If the revenue is to rely upon the second proviso and wanted to urge that the limitation of 16 years would apply, then in opinion in the notice or at least in the reasons in support of the notice, the assessee should have been put to notice that the revenue relies upon the second proviso HELD We accordingly allow the appeal by holding that the notice issued to the assessee shows sufficient reasons to believe on the part of the assessing officer to reopen the assessment but since the revenue has failed to show non-disclosure of facts the notice having been issued after a period of 4 years is required to be quashed.Therefore, the revenue may issue fresh notice taking benefit of the second proviso if otherwise permissible under law.

Apr 3, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEW DELHI TELEVISION LIMITED — Appellant Vs. DEPUTY COMMISSIONER OF INCOME TAX — Respondent ( Before : L. Nageswara Rao and Deepak Gupta, JJ.…

Rent

Landlord and Tenant — Eviction — Denial of relationship — Original owner inducted tenant — Owner made family settlement in favour of his son with regard to demised premises, thus son of landlord acquired title — Such confernment/settlement to title cannot be questioned by tenant — Eviction petition by son of original landlord on  his  personal necessity upheld.

Apr 2, 2020 sclaw

2020(1) Indian Civil Cases 761 (S.C.) SUPREME  COURT  OF INDIA Before :– R. BANUMATHI, A.S. BOPANNA & HRISHIKESH ROY, JJ. Civil Appeal No. 6572 of 2010 / Decided on 15/11/2019…

Environment

Environmental Clearances – Circular – Grant of ex post facto environmental clearances – HELD This Court must take a balanced approach which holds the industries to account for having operated without environmental clearances in the past without ordering a closure of operations – The directions of the NGT for the revocation of the ECs and for closure of the units do not accord with the principle of proportionality – Penalties must be imposed for the disobedience with a binding legal regime – The breach by the industries cannot be left unattended by legal consequences –

Apr 2, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ALEMBIC PHARMACEUTICALS LIMITED — Appellant Vs. ROHIT PRAJAPATI AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud and Ajay Rastogi, JJ. )…

Limitation

Limitation Act, 1963, Section 12(2) — Limitation — Computation of — Exclusion of time for required obtaining certified copy — Courts are obliged to compute limitation on basis of endorsement as contained in certified copy — If there is any suspicion of unfair and/ or improper practice, remedy lies in initiating domestic inquiry or may be criminal investigation against concerned staff of Court responsible  for supply  of certified copies.    

Apr 1, 2020 sclaw

2020(1) Indian Civil Cases 635 (S.C.) SUPREME  COURT  OF INDIA Before :– INDIRA BANERJEE & M.R. SHAH, JJ. Petition for Special Leave to Appeal (C) No.24862 of 2019 Decided on…

Cheque Dishonour

Negotiable Instruments Act, 1881, Section 138 — Dishonour of cheque — Appeal was pending and matter settled in Lok Adalat in acknowledgment of liability of accused to complainant — Cheque issued pursuant to order of Lok  Adalat, also dishonoured — Fresh  cause of action under arises S. 138 of N.I. Act — Complaint filed u/S. 138 of N.I. Act — Order quashing complaint set aside.

Apr 1, 2020 sclaw

2020(1) Indian Civil Cases 628 (S.C.) SUPREME  COURT  OF INDIA Before :– INDIRA BANERJEE & M.R. SHAH, JJ. Criminal Appeal No.1580 of 2019 (Arising out of Special Leave Petition (Cr)…

You missed

C P C

Hindu Minority and Guardianship Act, 1956 — Section 8(3) — Unauthorized alienation of minor’s property — Such alienation is voidable, not void ab initio, and can be challenged by the minor upon attaining majority or by someone claiming under the minor.

Jun 8, 2026 sclaw
Cr P C

Criminal Procedure — Delay in Investigation and Filing of Charge Sheet — Speedy Trial — Right to Speedy Trial and Timely Completion of Investigation are integral parts of Article 21 of the Constitution — Statutory recognition in CrPC for prompt investigation — Investigations should be completed within a reasonable time, not endlessly — Lack of strict timelines in CrPC does not permit indefinite investigations — Inordinate delay without adequate justification warrants intervention by Courts.

Jun 8, 2026 sclaw
Contract Act Mining

Contract Law — Statutory Amendment — Impact on existing contracts — Where a statutory amendment alters a fundamental aspect like royalty rates, a pre-existing contract cannot prevent the application of the amended law, especially when the payment of royalty is linked to the removal or consumption of minerals — [MMDR Act] Applicability of S.9 — Scope — Section 9 applies broadly to all entities engaged in removal/dispatch of minerals, not only direct mining lessees.

Jun 8, 2026 sclaw
Cr P C

Criminal Procedure — Passport — Return/Surrender of Passport — Accused facing serious criminal charges — Right to travel abroad vis-à-vis right to speedy trial — Balance between individual liberty and societal interest — Accused charged with abetment of suicide and criminal conspiracy since 2014, trial still at stage of committal despite lapse of over ten years — Accused, a US citizen, had misused interim protection in prior proceedings to leave the country without Court’s leave — Whether High Court justified in permitting accused to travel abroad on grounds of medical treatment — Held, not justified — High Court indulgent rather than judicially restrained — Medical facilities in India comparable to those abroad — High Court’s revisional order set aside — Accused restrained from travelling abroad without express permission of Sessions Court — Bharatiya Nagarik Suraksha Sanhita, 2023, S. 442 — Constitution of India, Art. 21

Jun 8, 2026 sclaw