Supreme Court of India Judgements

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Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside. Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed. Insurance Law — Fire Insurance — Accidental Fire — Cause of fire is immaterial if the insured is not the instigator and there is no fraud. The objective of fire insurance is to indemnify the insured against loss by fire. Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms. Public Interest Litigation (PIL) — Environmental Protection — Monitoring Committee — Powers and Scope — A PIL was filed concerning environmental issues in Delhi, leading to the appointment of a Monitoring Committee. The Supreme Court clarified that the committee was appointed to prevent misuse of residential premises for commercial purposes and not to interfere with residential premises used as such. Their power was limited to making suggestions to a Special Task Force regarding encroachments on public land, not to summarily seal premises.
Acquittal

Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside.

Nov 2, 2025 sclaw
Cheque Dishonour

Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed.

Nov 2, 2025 sclaw
Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside.
Acquittal
Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside.
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed.
Cheque Dishonour
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed.
Insurance Law — Fire Insurance — Accidental Fire — Cause of fire is immaterial if the insured is not the instigator and there is no fraud. The objective of fire insurance is to indemnify the insured against loss by fire.
General Insurance
Insurance Law — Fire Insurance — Accidental Fire — Cause of fire is immaterial if the insured is not the instigator and there is no fraud. The objective of fire insurance is to indemnify the insured against loss by fire.
Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms.
Tenders
Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms.
Cr P C

Penal Code, 1860 (IPC) – Sections 120-B 418, 420, 448 and 380 – Criminal Procedure Code, 1973 (CrPC) – Sections 156(3) and 482 – Forgery and fabricationWhere the uncontroverted allegations in the FIR and the evidence collected in support of the same do not disclose any offence and make out a case against the accused, the court would be justified in quashing the proceedings.

Oct 21, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M. SRIKANTH — Appellant Vs. STATE OF TELANGANA AND ANOTHER — Respondent ( Before : Navin Sinha and B.R. Gavai, JJ. ) Criminal Appeal…

Direct Taxation

Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 – Sections 50, 51, 59, 55, 85 and 86 – Declaration of undisclosed foreign asset -The penal provisions under Sections 50 and 51 of the Black Money Act would come into play only when an assessee has failed to take benefit of Section 59 and neither disclosed assets covered by the Black Money Act nor paid the tax and penalty thereon. As such, we find that the High Court was not right in holding that, by the notification/order impugned before it, the penal provisions were made retrospectively applicable.

Oct 19, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA AND OTHERS — Appellant Vs. GAUTAM KHAITAN — Respondent ( Before : Arun Mishra, M. R. Shah and B.R. Gavai, JJ.…

Service Matters
Service

Service Law – Promotion – Tribunal was right in holding that no prejudice is caused to the Appellant by applying Navy Order. Violation of every provision does not furnish a ground for the Court to interfere unless the affected person demonstrates prejudice caused to him by such violation – Appeals dismissed.

Oct 19, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SURGEON REAR ADMIRAL MANISHA JAIPRAKASH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta,…

Labour Cases

Industrial Disputes Act, 1947 – Sections 11A and 33(2)(b) – Misconduct – Order of dismissal – Domestic enquiry -The Labour Court or Tribunal, therefore, while holding enquiry under Section 33(2)(b) cannot invoke the adjudicatory powers vested in them under Section 10(i)(c) and (d) of the Act nor can they in the process of formation of their prima facie view under Section 33(2)(b), dwell upon the proportionality of punishment, as erroneously done in the instant case, for such a power can be exercised by the Labour Court or Tribunal only under Section 11A of the Act – Appeal allowed.

Oct 19, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JOHN D’SOUZA — Appellant Vs. KARNATAKA STATE ROAD TRANSPORT CORPORATION — Respondent ( Before : Sanjay Kishan Kaul and Surya Kant, JJ. ) Civil…

State Laws

Punjab State Agricultural Marketing Board (Sale and transfer of Plots) (First Amendment) Rules, 2008 – Punjab State Agricultural Marketing Board (Sale and Transfer of Plots) Rules, 1999 – Rule 3(iii) and (iv) – Where the old dealers are to be allotted shops if they can satisfy the concerned authority, be it the market committee or the board that a particular condition could not be met for a short period due to reasons beyond the control of the dealer, then even though he may not be in strict compliance of the rules, the power of relaxation must be read into the Rules.

Oct 19, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH WALAITI RAM CHARAN DASS AND OTHERS — Appellant Vs. STATE OF PUNJAB AND OTHERS — Respondent ( Before : Deepak Gupta and Aniruddha Bose,…

Cr P C

Terrorist and Disruptive Activities (Prevention) Act, 1987 – Sections 3, 5 and 20-A, 20­A(1) – Arms Act, 1959 – Section 25(1B)(a) and 27 – Criminal Procedure Code, 1973 (CrPC) – Sections 154 and 154(1) – Recovery of arms – The bar under Section 20­A(1) of TADA Act applies to information recorded under Section 154 of CrPC. This bar will not apply to a rukka or a communication sent by the police official to the District Superintendent of Police seeking his sanction. Otherwise, there could be no communication seeking sanction, which could not have been the purpose of TADA Act.

Oct 19, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH EBHA ARJUN JADEJA AND OTHERS Vs. THE STATE OF GUJARAT — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Criminal Appeal…

Cheque Dishonour

Negotiable Instruments Act, 1881 – Sections 118(a) and 138 – Criminal Procedure Code, 1973 (CrPC) – Section 313 – Dishonour of cheque – Appeal against acquittal – it is presumed that the cheques in question were drawn for consideration and the holder of the cheques i.e., the appellant received the same in discharge of an existing debt. The onus, thereafter, shifts on the accused-appellant to establish a probable defence so as to rebut such a presumption, which onus has not been discharged by the respondent.

Oct 19, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UTTAM RAM — Appellant Vs. DEVINDER SINGH HUDAN AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. ) Criminal…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Sections 161, 164, 319 – Penal Code, 1860 (IPC) – Section 376(2) – Protection of Children from Sexual Offences Act, 2012 – Sections 5 and 6 – Sexual harassment – Order of summoning – The statement of the child so as to involve a person wearing spectacles as an accused does not inspire confidence disclosing more than prima facie to make him to stand trial of the offences. Therefore, This Court hold that the order of summoning the appellant under Section 319 of the Code is not legal

Oct 19, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANI PUSHPAKJOSHI — Appellant Vs. STATE OF UTTARAKHAND AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. ) Criminal…

Service Matters
Service

Service Law – it cannot be said that the appointment of the employees in the present set of appeals were irregular appointments. Such appointments are illegal appointment in terms of the ratio of Supreme Court judgment in Uma Devi. As such appointments were made without any sanctioned post, without any advertisement giving opportunity to all eligible candidates to apply and seek public employment and without any method of recruitment.

Oct 19, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF BIHAR AND OTHERS — Appellant Vs. DEVENDRA SHARMA — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. )…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Foreign Contribution (Regulation) Act, 2010 – Section 35 read with Section 3 – Foreign Contribution (Regulation) Act, 1976 – Section 23, 23(1) read with Section 4 and 4(1) – Cognizance of offence – The very fact that the High Court, in this case, went into the most minute details, on the allegtions made by the appellant-C.B.I., and the defence put-forth by the respondent, led us to a conclusion that the High Court has exceeded its power, while exercising its inherent jurisdiction under Section 482 Cr.P.C.

Oct 19, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. ARVIND KHANNA — Respondent ( Before : R. Banumathi and R. Subhash Reddy, JJ. ) Criminal Appeal…

You missed

Acquittal

Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside.

Nov 2, 2025 sclaw
Cheque Dishonour

Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed.

Nov 2, 2025 sclaw
General Insurance

Insurance Law — Fire Insurance — Accidental Fire — Cause of fire is immaterial if the insured is not the instigator and there is no fraud. The objective of fire insurance is to indemnify the insured against loss by fire.

Nov 2, 2025 sclaw
Tenders

Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms.

Nov 2, 2025 sclaw