Supreme Court of India Judgements

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Securities and Exchange Board of India Act, 1992 — Section 15Z — Appeal to Supreme Court against SAT order setting aside Adjudicating Officer’s order imposing penalties for violation of SEBI (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003 and Securities Contracts (Regulation) Act, 1956 — Held, diversion of funds from preferential issue was in violation of Regulations and detrimental to investors — SAT’s reversal of AO’s order based on shareholder ratification was erroneous — Appeals allowed — Order of Adjudicating Officer restored. Constitution of India, 1950 — Article 21 — Right to dignified life — Includes reproductive autonomy and the right to foster a family through adoption — Restricting maternity benefit based on the age of an adopted child infringes upon this right by denying adoptive mothers the opportunity to bond and integrate with their child, compromising both maternal and child welfare. Contract Act, 1872 — Section 126 — Guarantee — Corporate Guarantee — Defendant No.1 executed a written undertaking (Corporate Guarantee) to pay a sum of USD 100,000 — This constituted a valid guarantee, not just a freight payment arrangement — Liability of surety is co-extensive with principal debtor. Penal Code, 1860 (IPC) — Sections 302 and 498A — Appeal against conviction for murder and cruelty — Court considered evidence of eyewitness daughter, post-mortem report, and dying declaration of the deceased — High Court reversed acquittal by Trial Court and convicted the appellant — Trial Court acquitted on grounds of inconsistent witness testimonies, unreliable dying declaration due to victim’s serious injuries and sedation, and improbability of incident occurring in a small bathroom — Supreme Court found eyewitness testimony credible, post-mortem report confirmed cause of death, and dying declaration reliable despite victim’s severe burns, supported by medical opinion that she was conscious and fit to make a statement — Recovery of kerosene tin, matchbox, and burnt cloth pieces from the scene further corroborated the prosecution’s case — Supreme Court held that the evidence unequivocally proved the appellant’s responsibility for the offences. Coal Allocation and Supply — Dispute regarding supply of coal and compensation for wrongfully suspended supply — Supreme Court clarified that Union of India and SECL were obligated to supply coal at the current price/prevalent policy as of either April 9, 2014, or May 17, 2019, and gave the choice to the Respondent/PIL to select one of these dates for the purpose of determining the current price and prevalent policy for the proposed Fuel Supply Agreement for the suspended period — The Fuel Supply Agreement was to be entered into within four weeks of the Respondent’s choice, with coal supply being on a normal coal linkage basis, not tapering.
Corporate SEBI

Securities and Exchange Board of India Act, 1992 — Section 15Z — Appeal to Supreme Court against SAT order setting aside Adjudicating Officer’s order imposing penalties for violation of SEBI (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003 and Securities Contracts (Regulation) Act, 1956 — Held, diversion of funds from preferential issue was in violation of Regulations and detrimental to investors — SAT’s reversal of AO’s order based on shareholder ratification was erroneous — Appeals allowed — Order of Adjudicating Officer restored.

Mar 18, 2026 sclaw
Securities and Exchange Board of India Act, 1992 — Section 15Z — Appeal to Supreme Court against SAT order setting aside Adjudicating Officer’s order imposing penalties for violation of SEBI (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003 and Securities Contracts (Regulation) Act, 1956 — Held, diversion of funds from preferential issue was in violation of Regulations and detrimental to investors — SAT’s reversal of AO’s order based on shareholder ratification was erroneous — Appeals allowed — Order of Adjudicating Officer restored.
Corporate SEBI
Securities and Exchange Board of India Act, 1992 — Section 15Z — Appeal to Supreme Court against SAT order setting aside Adjudicating Officer’s order imposing penalties for violation of SEBI (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003 and Securities Contracts (Regulation) Act, 1956 — Held, diversion of funds from preferential issue was in violation of Regulations and detrimental to investors — SAT’s reversal of AO’s order based on shareholder ratification was erroneous — Appeals allowed — Order of Adjudicating Officer restored.
Constitution of India, 1950 — Article 21 — Right to dignified life — Includes reproductive autonomy and the right to foster a family through adoption — Restricting maternity benefit based on the age of an adopted child infringes upon this right by denying adoptive mothers the opportunity to bond and integrate with their child, compromising both maternal and child welfare.
Constitution
Constitution of India, 1950 — Article 21 — Right to dignified life — Includes reproductive autonomy and the right to foster a family through adoption — Restricting maternity benefit based on the age of an adopted child infringes upon this right by denying adoptive mothers the opportunity to bond and integrate with their child, compromising both maternal and child welfare.
Contract Act, 1872 — Section 126 — Guarantee — Corporate Guarantee — Defendant No.1 executed a written undertaking (Corporate Guarantee) to pay a sum of USD 100,000 — This constituted a valid guarantee, not just a freight payment arrangement — Liability of surety is co-extensive with principal debtor.
Contract Act Corporate
Contract Act, 1872 — Section 126 — Guarantee — Corporate Guarantee — Defendant No.1 executed a written undertaking (Corporate Guarantee) to pay a sum of USD 100,000 — This constituted a valid guarantee, not just a freight payment arrangement — Liability of surety is co-extensive with principal debtor.
Penal Code, 1860 (IPC) — Sections 302 and 498A — Appeal against conviction for murder and cruelty — Court considered evidence of eyewitness daughter, post-mortem report, and dying declaration of the deceased — High Court reversed acquittal by Trial Court and convicted the appellant — Trial Court acquitted on grounds of inconsistent witness testimonies, unreliable dying declaration due to victim’s serious injuries and sedation, and improbability of incident occurring in a small bathroom — Supreme Court found eyewitness testimony credible, post-mortem report confirmed cause of death, and dying declaration reliable despite victim’s severe burns, supported by medical opinion that she was conscious and fit to make a statement — Recovery of kerosene tin, matchbox, and burnt cloth pieces from the scene further corroborated the prosecution’s case — Supreme Court held that the evidence unequivocally proved the appellant’s responsibility for the offences.
I P C
Penal Code, 1860 (IPC) — Sections 302 and 498A — Appeal against conviction for murder and cruelty — Court considered evidence of eyewitness daughter, post-mortem report, and dying declaration of the deceased — High Court reversed acquittal by Trial Court and convicted the appellant — Trial Court acquitted on grounds of inconsistent witness testimonies, unreliable dying declaration due to victim’s serious injuries and sedation, and improbability of incident occurring in a small bathroom — Supreme Court found eyewitness testimony credible, post-mortem report confirmed cause of death, and dying declaration reliable despite victim’s severe burns, supported by medical opinion that she was conscious and fit to make a statement — Recovery of kerosene tin, matchbox, and burnt cloth pieces from the scene further corroborated the prosecution’s case — Supreme Court held that the evidence unequivocally proved the appellant’s responsibility for the offences.
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…

I P C

Penal Code, 1860 (IPC) – Sections 34, 417, 418, 420, 422, 120(B), 403, 406, 420 and 506(B) – Criminal Procedure Code, 1973 (CrPC) – Section 482 – Negotiable Instruments Act, 1881 (NI) – Section 138 – Though the contract is of civil nature, if there is an element of cheating and fraud it is always open for a party in a contract, to prosecute the other side for the offences alleged. Equally, mere filing of a suit or complaint filed under Section 138 of the N.I. Act, 1881 by itself is no ground to quash the proceedings. Appeal allowed

Oct 19, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. LAKSHMAN — Appellant Vs. THE STATE OF KARNATAKA AND OTHERS — Respondent ( Before : R. Banumathi and R. Subhash Reddy, JJ. )…

Land Acquisition

Land Acquisition Act, 1894 – Section 31 A – Review of award – It is settled legal proposition that unless the statute/rules so permit, the review application is not maintainable in case of judicial/quasi­judicial orders -the law on the point can be summarised to the effect that in the absence of any statutory provision providing for review, entertaining an application for review or under the garb of clarification /modification/ correction is not permissible

Oct 19, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH NARESH KUMAR AND OTHERS — Appellant Vs. GOVT. OF NCT OF DELHI — Respondent ( Before : Arun Mishra, Vineet Saran and S. Ravindra…

You missed

Corporate SEBI

Securities and Exchange Board of India Act, 1992 — Section 15Z — Appeal to Supreme Court against SAT order setting aside Adjudicating Officer’s order imposing penalties for violation of SEBI (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003 and Securities Contracts (Regulation) Act, 1956 — Held, diversion of funds from preferential issue was in violation of Regulations and detrimental to investors — SAT’s reversal of AO’s order based on shareholder ratification was erroneous — Appeals allowed — Order of Adjudicating Officer restored.

Mar 18, 2026 sclaw
Constitution

Constitution of India, 1950 — Article 21 — Right to dignified life — Includes reproductive autonomy and the right to foster a family through adoption — Restricting maternity benefit based on the age of an adopted child infringes upon this right by denying adoptive mothers the opportunity to bond and integrate with their child, compromising both maternal and child welfare.

Mar 18, 2026 sclaw
Contract Act Corporate

Contract Act, 1872 — Section 126 — Guarantee — Corporate Guarantee — Defendant No.1 executed a written undertaking (Corporate Guarantee) to pay a sum of USD 100,000 — This constituted a valid guarantee, not just a freight payment arrangement — Liability of surety is co-extensive with principal debtor.

Mar 18, 2026 sclaw
I P C

Penal Code, 1860 (IPC) — Sections 302 and 498A — Appeal against conviction for murder and cruelty — Court considered evidence of eyewitness daughter, post-mortem report, and dying declaration of the deceased — High Court reversed acquittal by Trial Court and convicted the appellant — Trial Court acquitted on grounds of inconsistent witness testimonies, unreliable dying declaration due to victim’s serious injuries and sedation, and improbability of incident occurring in a small bathroom — Supreme Court found eyewitness testimony credible, post-mortem report confirmed cause of death, and dying declaration reliable despite victim’s severe burns, supported by medical opinion that she was conscious and fit to make a statement — Recovery of kerosene tin, matchbox, and burnt cloth pieces from the scene further corroborated the prosecution’s case — Supreme Court held that the evidence unequivocally proved the appellant’s responsibility for the offences.

Mar 18, 2026 sclaw