Supreme Court of India Judgements

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Criminal Procedure Code, 1973 (CrPC) — Anticipatory Bail — Power of Court to Direct Surrender — When an anticipatory bail application is rejected, the court does not have the jurisdiction to direct the petitioner to surrender — The rejection of anticipatory bail means that an application for pre-arrest bail has been denied, and the subsequent steps regarding arrest and regular bail should follow the normal procedure as per law. Insolvency and Bankruptcy Code, 2016 (IBC) — Sections 7, 3(10), 5(7), 5(8) — Corporate Insolvency Resolution Process (CIRP) — Admission of petition — Appeal against NCLAT order setting aside NCLT order and directing admission of Section 7 petition — Held, IBC is not a debt recovery legislation but for reorganisation and insolvency resolution — Initiation of CIRP as a substitute for execution of a civil court decree is an abuse of process. Arbitration and Conciliation Act, 1996 — Section 9 — Petition under Section 9 at post-award stage by unsuccessful party — Maintainability — Bombay, Delhi, Madras and Karnataka High Courts held such petitions not maintainable — Telangana, Gujarat and Punjab & Haryana High Courts held such petitions maintainable — Supreme Court held that any party to an arbitration agreement, including an unsuccessful party, can invoke Section 9 at the post-award stage, overruling the former judgments. Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of pleadings — Permissibility while considering grant of leave to amend a plaint — Court can examine the merits/demerits of the case — Landlord filed suit for eviction based on bonafide need and other grounds — During appeal, landlord died — Legal heirs sought to amend plaint to incorporate their bonafide need, including that of appellant’s wife and son — Trial Court dismissed the suit — Appellate Bench allowed amendment, directing issue of bonafide requirement to be sent back to Trial Court for evidence — High Court, in writ petition, set aside amendment allowing fresh suit — Supreme Court held that High Court erred in interfering with the discretion of Appellate Bench under Article 227, as amendment was permissible. Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 37(1)(b)(ii) — Grant of bail in commercial quantity cases — Twin Conditions — Mandatory nature — High Court must record satisfaction on reasonable grounds for believing accused is not guilty and not likely to commit offence while on bail — Failure to record satisfaction vitiates bail order — Speedy trial under Article 21 to be harmoniously read with Section 37, not to override it — Bail granted without recorded satisfaction is unsustainable.
Criminal Procedure Code, 1973 (CrPC) — Anticipatory Bail — Power of Court to Direct Surrender — When an anticipatory bail application is rejected, the court does not have the jurisdiction to direct the petitioner to surrender — The rejection of anticipatory bail means that an application for pre-arrest bail has been denied, and the subsequent steps regarding arrest and regular bail should follow the normal procedure as per law.
Anticipatory Bail Cr P C
Criminal Procedure Code, 1973 (CrPC) — Anticipatory Bail — Power of Court to Direct Surrender — When an anticipatory bail application is rejected, the court does not have the jurisdiction to direct the petitioner to surrender — The rejection of anticipatory bail means that an application for pre-arrest bail has been denied, and the subsequent steps regarding arrest and regular bail should follow the normal procedure as per law.
Insolvency and Bankruptcy Code, 2016 (IBC) — Sections 7, 3(10), 5(7), 5(8) — Corporate Insolvency Resolution Process (CIRP) — Admission of petition — Appeal against NCLAT order setting aside NCLT order and directing admission of Section 7 petition — Held, IBC is not a debt recovery legislation but for reorganisation and insolvency resolution — Initiation of CIRP as a substitute for execution of a civil court decree is an abuse of process.
I B C
Insolvency and Bankruptcy Code, 2016 (IBC) — Sections 7, 3(10), 5(7), 5(8) — Corporate Insolvency Resolution Process (CIRP) — Admission of petition — Appeal against NCLAT order setting aside NCLT order and directing admission of Section 7 petition — Held, IBC is not a debt recovery legislation but for reorganisation and insolvency resolution — Initiation of CIRP as a substitute for execution of a civil court decree is an abuse of process.
Arbitration and Conciliation Act, 1996 — Section 9 — Petition under Section 9 at post-award stage by unsuccessful party — Maintainability — Bombay, Delhi, Madras and Karnataka High Courts held such petitions not maintainable — Telangana, Gujarat and Punjab & Haryana High Courts held such petitions maintainable — Supreme Court held that any party to an arbitration agreement, including an unsuccessful party, can invoke Section 9 at the post-award stage, overruling the former judgments.
Arbitration
Arbitration and Conciliation Act, 1996 — Section 9 — Petition under Section 9 at post-award stage by unsuccessful party — Maintainability — Bombay, Delhi, Madras and Karnataka High Courts held such petitions not maintainable — Telangana, Gujarat and Punjab & Haryana High Courts held such petitions maintainable — Supreme Court held that any party to an arbitration agreement, including an unsuccessful party, can invoke Section 9 at the post-award stage, overruling the former judgments.
Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of pleadings — Permissibility while considering grant of leave to amend a plaint — Court can examine the merits/demerits of the case — Landlord filed suit for eviction based on bonafide need and other grounds — During appeal, landlord died — Legal heirs sought to amend plaint to incorporate their bonafide need, including that of appellant’s wife and son — Trial Court dismissed the suit — Appellate Bench allowed amendment, directing issue of bonafide requirement to be sent back to Trial Court for evidence — High Court, in writ petition, set aside amendment allowing fresh suit — Supreme Court held that High Court erred in interfering with the discretion of Appellate Bench under Article 227, as amendment was permissible.
C P C Rent
Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of pleadings — Permissibility while considering grant of leave to amend a plaint — Court can examine the merits/demerits of the case — Landlord filed suit for eviction based on bonafide need and other grounds — During appeal, landlord died — Legal heirs sought to amend plaint to incorporate their bonafide need, including that of appellant’s wife and son — Trial Court dismissed the suit — Appellate Bench allowed amendment, directing issue of bonafide requirement to be sent back to Trial Court for evidence — High Court, in writ petition, set aside amendment allowing fresh suit — Supreme Court held that High Court erred in interfering with the discretion of Appellate Bench under Article 227, as amendment was permissible.
Preventive Detention

Detention Order Cannot Be Based On ‘Stale & Irrelevant’ Incidents HELD The satisfaction to be arrived at by the detaining authority must not be based on irrelevant or invalid grounds. It must be arrived at on the basis of relevant material; material which is not stale and has a live link with the satisfaction of the detaining authority.

Dec 22, 2019 sclaw

Detention Order Cannot Be Based On ‘Stale & Irrelevant’ Incidents: SC   LIVELAW NEWS NETWORK 21 Dec 2019 2:27 PM The Supreme Court has observed that stale and irrelevant incidents cannot…

Service Matters
Service

Disciplinary Proceedings Are Not Quasi Criminal In Nature, Says SC HELD Disciplinary proceedings are not quasi criminal in nature. A disciplinary inquiry is conducted by the employer to inquire into a charge or misconduct pertaining to a breach of the rules and regulations governing the service of the employer.

Dec 22, 2019 sclaw

Disciplinary Proceedings Are Not Quasi Criminal In Nature, Says SC   LIVELAW NEWS NETWORK 21 Dec 2019 3:10 PM The Supreme Court has observed that disciplinary proceedings are not quasi criminal…

Consumer

Ex-Parte Order Of State Consumer Commission Can Be Challenged Before NCDRC HELD Section 21(a)(ii) does not state that appeals cannot be entertained against orders that have been passed ex parte. The plain and simple meaning of the said provision is that appeals will be entertained by the National Commission against any order passed by the State Commission.

Dec 22, 2019 sclaw

Ex-Parte Order Of State Consumer Commission Can Be Challenged Before NCDRC: SC [Read Order] Ashok Kini 21 Dec 2019 5:36 PM The Supreme Court has held that an ex-parte order…

Service Matters
Service

Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1985 – Rules 22 and 23 – Notification of Vacancies to the Employment Exchange – Appointment – There is no denial on the part of the respondents that the names were called from the Employment Exchange by the appointing authority before conducting the selection and the Employment Exchange had forwarded the twelve names which also included the name of appellant HELD appointment of the appellant cannot be said to have been made in disregard to the Rules

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RANA PRATAP SINGH — Appellant Vs. VITTIYA EVAM LEKHA ADHIKARI, DISTRICT BASIC EDUCATION OFFICER AND OTHERS — Respondent ( Before : Ashok Bhushan and…

C P C

Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertaking Act, 1993 – Section 3 read with Section 4 – Civil Procedure Code, 1908 (CPC) – Order 7 Rule 6 – Claim for interest – Exemption – Proviso of Order VII Rule 6, which has been added by Act 104 of 1976, which provided that the Court may permit the plaintiff to claim exemption from the law of limitation on any ground not set out in the plaint, if such ground is not inconsistent with the grounds set out in the plaint

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S SHANTI CONDUCTORS (P) LTD. — Appellant Vs. ASSAM STATE ELECTRICITY BOARD AND OTHERS — Respondent ( Before : Ashok Bhushan, S. Abdul Nazeer…

Service Matters
Service

Constitution of India, 1950 – Article 14 – Claim for Selection Grade and Special Grade scales of pay – It is a settled legal proposition that Article 14 of the Constitution is not meant to perpetuate illegality or fraud, even by extending the wrong decisions made in other cases – The said provision does not envisage negative equality but has only a positive aspect

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH P. SINGARAVELAN AND OTHERS — Appellant Vs. THE DISTRICT COLLECTOR, TIRUPPUR AND DT AND OTHERS — Respondent ( Before : Mohan M. Shantanagoudar and…

State Laws

Puducherry Excise Act, 1970 – Section 10 – Puducherry Excise Rules, 1970 – Rule 122 and 209 – Shifting of shops – Expression ‘from one place to another’ is not restrictive, and does not curtail the power of the Licensing Authority to grant permission for shifting the licensed shop from one region to another in the Union Territory of Puducherry so long as the conditions stipulated by the Excise Act and Excise Rules, as also the conditions for grant of a license are complied with

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S CEE CEE & CEE CEE’S — Appellant Vs. K. DEVAMANI AND OTHERS — Respondent ( Before : Uday Umesh Lalit and Indu Malhotra,…

I P C

Penal Code, 1860 (IPC) – Sections 166, 165, 420, 468 and 471 – Prevention of Corruption Act, 1947 – Sections 5(1)(d) and 5(2) – Cheating – Appeal against conviction and sentence – Appellant knowing fully well that the invoices/bills were fake and fabricated, were presented on behalf of the firm to the bank and thus cheated the bank – Crime test requires to evaluate and provide adequate deference to factors such as role of the accused and his position within the rank of conspirators, among other things

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH MAYANK N SHAH — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : N.V. Ramana, R. Subhash Reddy and B.R. Gavai,…

I P C

SC Sets Aside Death Sentence In A 13 Day Trial, Says ‘Fast Tracking Must Not Result In Burial Of Justice’ – HELD expeditious disposal of criminal cases must never result in burying the cause of justice. The bench comprising Justice Uday Umesh Lalit, Justice Indu Malhotra and Justice Krishna Murari set aside a death penalty awarded to a rape and murder accused in a trial that finished within thirteen days.

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH ANOKHI LAL — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Uday Umesh Lalit, Indu Malhotra and Krishna Murari, JJ. )…

I P C

Penal Code, 1860 (IPC) – Sections 302, 307, 147, 148, 149 and 452 – Murder – Unlawful assembly – Common object – Appeal against acquittal – Medical evidence and ocular evidence – It is trite law that minor variations between medical evidence and ocular evidence do not take away the primacy of the latter.

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTAR PRADESH — Appellant Vs. RAVINDRA @ BABLOO AND OTHERS — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ. )…

You missed

Anticipatory Bail Cr P C

Criminal Procedure Code, 1973 (CrPC) — Anticipatory Bail — Power of Court to Direct Surrender — When an anticipatory bail application is rejected, the court does not have the jurisdiction to direct the petitioner to surrender — The rejection of anticipatory bail means that an application for pre-arrest bail has been denied, and the subsequent steps regarding arrest and regular bail should follow the normal procedure as per law.

Apr 27, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 (IBC) — Sections 7, 3(10), 5(7), 5(8) — Corporate Insolvency Resolution Process (CIRP) — Admission of petition — Appeal against NCLAT order setting aside NCLT order and directing admission of Section 7 petition — Held, IBC is not a debt recovery legislation but for reorganisation and insolvency resolution — Initiation of CIRP as a substitute for execution of a civil court decree is an abuse of process.

Apr 27, 2026 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 9 — Petition under Section 9 at post-award stage by unsuccessful party — Maintainability — Bombay, Delhi, Madras and Karnataka High Courts held such petitions not maintainable — Telangana, Gujarat and Punjab & Haryana High Courts held such petitions maintainable — Supreme Court held that any party to an arbitration agreement, including an unsuccessful party, can invoke Section 9 at the post-award stage, overruling the former judgments.

Apr 27, 2026 sclaw
C P C Rent

Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of pleadings — Permissibility while considering grant of leave to amend a plaint — Court can examine the merits/demerits of the case — Landlord filed suit for eviction based on bonafide need and other grounds — During appeal, landlord died — Legal heirs sought to amend plaint to incorporate their bonafide need, including that of appellant’s wife and son — Trial Court dismissed the suit — Appellate Bench allowed amendment, directing issue of bonafide requirement to be sent back to Trial Court for evidence — High Court, in writ petition, set aside amendment allowing fresh suit — Supreme Court held that High Court erred in interfering with the discretion of Appellate Bench under Article 227, as amendment was permissible.

Apr 27, 2026 sclaw