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.
Constitution

Writ Jurisdiction—A private agreement cannot oust the jurisdiction of a High Court Writ Jurisdiction—Mere existence of alternative remedy does not bar High Court from exercising its Writ Jurisdiction Contract—Conferring Jurisdiction—Parties to contract cannot exclude the jurisdiction of all Courts

Sep 15, 2019 sclaw

2019(3) Law Herald (SC) 1996 : 2019 LawHerald.Org 1247 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Honble Mrs. Justice Indira Banerjee Civil Appeal…

Service Matters
Service

Service Law—Misconduct—Merely because air tickets for govt. employee were booked through Travel Agent by private company for attending its seminar it cannot be said that employee has availed the hospitality of one of tenderers or it is equivalent to borrowing money by the appellant/govt. employee from a private company.

Sep 15, 2019 sclaw

2019(3) Law Herald (SC) 1985 : 2019 LawHerald.Org 1246 IN THE SUPREME COURT OF INDIA Before Hon*ble Mr. Justice Ashok Bhushan Hon ble Mr. Justice Navin Sinha Civil Appeal No.5633…

C P C

Civil Procedure Code, 1908, O.21 R. 101-Execution of Decree-Possession was with person other than judgment debtor who was dispossessed—Claim for possession before executing court-Held;Execution of Decree—In an application under O.21 R.89,100 and 101 CPC executing Court has to decide all the issues including the question relating to right, title or interest in property objections for which were raised by third party

Sep 15, 2019 sclaw

2019(3) Law Herald (SC) 1973 : 2019 LawHerald.Org 1245 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice Navin Sinha Civil Appeal No. 5632…

C P C

Agreement to Sell—Subsequent Purchaser cannot be impleaded as defendant in the suit for specific performance of contract between buyer (original Plaintiff) and seller (original defendant) to which the subsequent purchaser was not a party and that to against the wish of the buyer (original Plaintiff)

Sep 15, 2019 sclaw

2019(3) Law Herald (SC) 1966 : 2019 LawHerald.Org 1244 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. D.Y. Chandrachud Hon’ble Mr. Justice M.R. Shah Civil Appeal Nos. 5522-5523…

C P C

Second Appeal—In second appeal, in absence of cross-appeal or cross objections, High Court cannot go beyond the decree passed by Trial Court. Typographical Error—A “Note for speaking to Minutes” is required to be entertained only for the limited purpose of correcting a typographical error or an error through oversight, which may have crept in while transcribing the original order.

Sep 13, 2019 sclaw

2019(1) Law Herald (P&H) 308 (SC) : 2018 LawHerald.Org 2061 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice…

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