Supreme Court of India Judgements

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Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character. Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS) Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible. Succession Act, 1925 — Sections 33, 35 and 38 — Hindu/Christian Succession — Applicability of S. 33 confined to property owned by deceased male; erroneous application by High Court set aside — Where property was purchased and registered in the joint names of two wives, the same is owned by them and not by the husband, notwithstanding that he provided the consideration — Section 33, which governs devolution on intestacy of a male’s property between his widow and lineal descendants, is not attracted to property never vested in the husband’s name — High Court’s application of S. 33 to the entirety of the suit property held misconceived.
Environment

Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.

Aug 2, 2026 sclaw
Bhartiya Nagrik Suraksha Sanhita Cr P C

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)

Aug 2, 2026 sclaw
Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.
Environment
Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)
Bhartiya Nagrik Suraksha Sanhita Cr P C
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)
Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers.
Direct Taxation Income Tax Act
Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers.
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible.
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible.
Corruption

Rights of Persons with Disabilities Act, 2016 (RPwD Act) — Sections 2(y), 2(ze) — Appointment under reserved quota — Management Trainee recruitment by Coal India Limited (CIL) — Denial of appointment based on initial finding of unfitness and recruitment process expiry — Appellant suffering from disability above the benchmark (57%) based on subsequent AIIMS medical report — Expiry of recruitment panel cannot nullify appellant’s right to employment when initial denial was wrongful and due to the employer’s failure to account for “multiple disability” in the notification — Held, appellant is eligible for appointment; appropriate relief moulded using extraordinary powers. (Paras 1, 2, 3, 7, 8, 9, 23, 29, 30, 31, 37)

Jan 18, 2026 sclaw

2026 INSC 53 SUPREME COURT OF INDIA DIVISION BENCH SUJATA BORA Vs. COAL INDIA LIMITED AND OTHERS ( Before : J.B.Pardiwala and K.V. Viswanathan, JJ. ) Civil Appeal No. 120…

Maintenance

Hindu Adoptions and Maintenance Act, 1956 — Sections 21(vii) and 22 — Maintenance of Dependents — Widow of Son — Legal entitlement to claim maintenance from the estate of the deceased father-in-law — Interpretation of “any widow of his son” under Section 21(vii) — The phrase “any widow of his son” is clear and unambiguous, applying to a son’s widow irrespective of whether the son died before or after the father-in-law’s demise — The word “predeceased” cannot be added to or inferred before “son” in Section 21(vii) — A daughter-in-law who becomes a widow after the death of her father-in-law is a ‘dependant’ upon his estate and entitled to claim maintenance under Section 22. (Paras 3, 7, 10, 15, 16, 22, 29)

Jan 18, 2026 sclaw

2026 INSC 54 SUPREME COURT OF INDIA DIVISION BENCH KANCHANA RAI Vs. GEETA SHARMA AND OTHERS ( Before : Pankaj Mithal and S.V.N. Bhatti, JJ. ) Civil Appeal Nos…..of 2026…

Dying Declaration I P C

Penal Code, 1860 (IPC) — Section 302 — Murder — Dying declaration — Admissibility and weight — A dying declaration can be the sole basis for conviction if it is voluntary, truthful, and reliable, even without corroboration. The court must scrutinize it carefully for tutoring or manipulation and consider the declarant’s opportunity to observe and identify the assailant and their fitness to make the statement.

Jan 18, 2026 sclaw

2026 INSC 57 SUPREME COURT OF INDIA DIVISION BENCH STATE OF HIMACHAL PRADESH Vs. CHAMAN LAL ( Before : B.V. Nagarathna and R. Mahadevan, JJ. ) Criminal Appeal No. 430…

Stamp Act

Andhra Pradesh Stamp Act — Schedule I-A, Article 47A, Explanation I — Agreement to Sell — Deemed Conveyance — For an agreement to sell to be deemed a conveyance under Explanation I, the delivery of possession must be linked to the agreement to sell, either following it or evidenced by it. If possession existed prior to the agreement and was not surrendered or changed because of the agreement, it does not fall under this Explanation.

Jan 17, 2026 sclaw

2026 INSC 59 SUPREME COURT OF INDIA DIVISION BENCH VAYYAETI SRINIVASARAO Vs. GAINEEDI JAGAJYOTHI ( Before : B.V. Nagarathna and R. Mahadevan, JJ. ) Civil Appeal Nos…..of 2026 (Arising Out…

C P C

Specific Relief Act, 1963 — Section 41(h) — Injunction when refused — Equally efficacious remedy — A suit for mandatory injunction for removal of a wall is barred if the plaintiff has not claimed possession, and possession is disputed, as a suit for possession would be a more efficacious remedy.

Jan 17, 2026 sclaw

2026 INSC 61 SUPREME COURT OF INDIA DIVISION BENCH SANJAY PALIWAL AND ANOTHER Vs. BHARAT HEAVY ELECTRICALS LTD. THROUGH ITS EXECUTIVE DIRECTOR ( Before : Aravind Kumar and Nongmeikapam Kotiswar…

Direct Taxation Income Tax Act

Income Tax Act, 1961 — Section 197, 245Q, 245R(2)(iii) — Double Taxation Avoidance Agreement (DTAA) between India and Mauritius, Article 13(4) — Capital Gains Tax — Advance Ruling — Tax Avoidance — The Authority for Advance Rulings (AAR) rejected an application for an advance ruling on the grounds that the transaction (sale of shares of a Singapore company by a Mauritius company) was prima facie designed for tax avoidance — The High Court overturned this decision, holding the assessee was entitled to treaty benefits and that their income was not chargeable in India — The Supreme Court is examining whether the AAR was correct in rejecting the applications for advance ruling on maintainability grounds.

Jan 17, 2026 sclaw

2026 INSC 60 SUPREME COURT OF INDIA DIVISION BENCH THE AUTHORITY FOR ADVANCE RULINGS (INCOME TAX) AND OTHERS Vs. TIGER GLOBAL INTERNATIONAL II HOLDINGS ( Before : J.B. Pardiwala and…

I B C

Insolvency and Bankruptcy Code, 2016 — Section 7 — Corporate Insolvency Resolution Process (CIRP) — Admission of CIRP — Adjudicating Authority’s power and duty — Legal position is well-settled that once the Adjudicating Authority is satisfied that a financial debt exists and a default has occurred, it must admit the application — Inquiry under Section 7(5)(a) is confined strictly to determination of debt and default, leaving no scope for equitable or discretionary considerations — Reliance on Vidarbha Industries is misconceived; it is a narrow exception confined to its peculiar facts — Admission under Section 7 remains mandatory once debt and default are established — Any alleged non-cooperation by the financial creditor occurred subsequent to the default and cannot absolve the corporate debtor of its admitted failure to comply with its payment obligations. (Paras 12.3, 12.6, 12.9, 12.10)

Jan 17, 2026 sclaw

2026 INSC 58 SUPREME COURT OF INDIA DIVISION BENCH ELEGNA CO-OP. HOUSING AND COMMERCIAL SOCIETY LTD. Vs. EDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED AND ANOTHER ( Before : J.B. Pardiwala and…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 154 — Information as to the commission of cognizable offence — Mandatory registration of FIR — Court reiterates the mandatory duty to register an FIR upon disclosure of a cognizable offence and reminds educational institutions of their civic and legal obligation to promptly lodge an FIR in case of a student suicide on campus. (Para 1)

Jan 17, 2026 sclaw

2026 INSC 62 SUPREME COURT OF INDIA DIVISION BENCH AMIT KUMAR AND OTHERS Vs. UNION OF INDIA AND OTHERS ( Before : J.B. Pardiwala and R. Mahadevan, JJ. ) Criminal…

Service Matters
Service

Public Service Commission — Recruitment — Waiting List — Validity — A waiting list has a limited validity period, usually determined by recruitment rules or a reasonable period until the next advertisement. Candidates on a waiting list do not have an indefeasible right to appointment, but can be considered if vacancies arise within the validity period and the appointing authority acts arbitrarily.

Jan 17, 2026 sclaw

2026 INSC 64 SUPREME COURT OF INDIA DIVISION BENCH RAJASTHAN PUBLIC SERVICE COMMISSION, AJMER Vs. YATI JAIN AND OTHERS ( Before : Dipankar Datta and Augustine George Masih, JJ. )…

Constitution

Judges (Inquiry) Act, 1968 — Section 3(2), First Proviso — Constitution of Joint Committee — Proviso applies only when notices of motion given on the same day in both Houses are admitted by both Houses — Does not mandate a Joint Committee if the motion is admitted in one House and rejected in the other — Presiding Officer of the House where motion is admitted can independently proceed to constitute a Committee. (Paras 12.2, 12.4, 14)

Jan 17, 2026 sclaw

2026 INSC 65 SUPREME COURT OF INDIA DIVISION BENCH X Vs. O/O SPEAKER OF THE HOUSE OF PEOPLE & ORS. . RESPONDENTS ( Before : Dipankar Datta and Satish Chandra…

You missed

Environment

Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.

Aug 2, 2026 sclaw
Bhartiya Nagrik Suraksha Sanhita Cr P C

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)

Aug 2, 2026 sclaw
Direct Taxation Income Tax Act

Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers.

Aug 2, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible.

Aug 2, 2026 sclaw