Supreme Court of India Judgements

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Hindu Minority and Guardianship Act, 1956 — Section 8(3) — Unauthorized alienation of minor’s property — Such alienation is voidable, not void ab initio, and can be challenged by the minor upon attaining majority or by someone claiming under the minor. Criminal Procedure — Delay in Investigation and Filing of Charge Sheet — Speedy Trial — Right to Speedy Trial and Timely Completion of Investigation are integral parts of Article 21 of the Constitution — Statutory recognition in CrPC for prompt investigation — Investigations should be completed within a reasonable time, not endlessly — Lack of strict timelines in CrPC does not permit indefinite investigations — Inordinate delay without adequate justification warrants intervention by Courts. Contract Law — Statutory Amendment — Impact on existing contracts — Where a statutory amendment alters a fundamental aspect like royalty rates, a pre-existing contract cannot prevent the application of the amended law, especially when the payment of royalty is linked to the removal or consumption of minerals — [MMDR Act] Applicability of S.9 — Scope — Section 9 applies broadly to all entities engaged in removal/dispatch of minerals, not only direct mining lessees. Criminal Procedure — Passport — Return/Surrender of Passport — Accused facing serious criminal charges — Right to travel abroad vis-à-vis right to speedy trial — Balance between individual liberty and societal interest — Accused charged with abetment of suicide and criminal conspiracy since 2014, trial still at stage of committal despite lapse of over ten years — Accused, a US citizen, had misused interim protection in prior proceedings to leave the country without Court’s leave — Whether High Court justified in permitting accused to travel abroad on grounds of medical treatment — Held, not justified — High Court indulgent rather than judicially restrained — Medical facilities in India comparable to those abroad — High Court’s revisional order set aside — Accused restrained from travelling abroad without express permission of Sessions Court — Bharatiya Nagarik Suraksha Sanhita, 2023, S. 442 — Constitution of India, Art. 21 Service Law — Promotion — Entitlement to promotion to Chief Medical Director (Higher Administrative Grade) in Indian Railway Medical Service — Appellant was denied promotion despite being eligible, with a junior officer being promoted instead — Appellant’s case was rejected by the Tribunal and High Court based on her grading in Annual Confidential Reports
Cr P C

Criminal Procedure — Delay in Investigation and Filing of Charge Sheet — Speedy Trial — Right to Speedy Trial and Timely Completion of Investigation are integral parts of Article 21 of the Constitution — Statutory recognition in CrPC for prompt investigation — Investigations should be completed within a reasonable time, not endlessly — Lack of strict timelines in CrPC does not permit indefinite investigations — Inordinate delay without adequate justification warrants intervention by Courts.

Jun 8, 2026 sclaw
Hindu Minority and Guardianship Act, 1956 — Section 8(3) — Unauthorized alienation of minor’s property — Such alienation is voidable, not void ab initio, and can be challenged by the minor upon attaining majority or by someone claiming under the minor.
C P C
Hindu Minority and Guardianship Act, 1956 — Section 8(3) — Unauthorized alienation of minor’s property — Such alienation is voidable, not void ab initio, and can be challenged by the minor upon attaining majority or by someone claiming under the minor.
Criminal Procedure — Delay in Investigation and Filing of Charge Sheet — Speedy Trial — Right to Speedy Trial and Timely Completion of Investigation are integral parts of Article 21 of the Constitution — Statutory recognition in CrPC for prompt investigation — Investigations should be completed within a reasonable time, not endlessly — Lack of strict timelines in CrPC does not permit indefinite investigations — Inordinate delay without adequate justification warrants intervention by Courts.
Cr P C
Criminal Procedure — Delay in Investigation and Filing of Charge Sheet — Speedy Trial — Right to Speedy Trial and Timely Completion of Investigation are integral parts of Article 21 of the Constitution — Statutory recognition in CrPC for prompt investigation — Investigations should be completed within a reasonable time, not endlessly — Lack of strict timelines in CrPC does not permit indefinite investigations — Inordinate delay without adequate justification warrants intervention by Courts.
Contract Law — Statutory Amendment — Impact on existing contracts — Where a statutory amendment alters a fundamental aspect like royalty rates, a pre-existing contract cannot prevent the application of the amended law, especially when the payment of royalty is linked to the removal or consumption of minerals — [MMDR Act] Applicability of S.9 — Scope — Section 9 applies broadly to all entities engaged in removal/dispatch of minerals, not only direct mining lessees.
Contract Act Mining
Contract Law — Statutory Amendment — Impact on existing contracts — Where a statutory amendment alters a fundamental aspect like royalty rates, a pre-existing contract cannot prevent the application of the amended law, especially when the payment of royalty is linked to the removal or consumption of minerals — [MMDR Act] Applicability of S.9 — Scope — Section 9 applies broadly to all entities engaged in removal/dispatch of minerals, not only direct mining lessees.
Criminal Procedure — Passport — Return/Surrender of Passport — Accused facing serious criminal charges — Right to travel abroad vis-à-vis right to speedy trial — Balance between individual liberty and societal interest — Accused charged with abetment of suicide and criminal conspiracy since 2014, trial still at stage of committal despite lapse of over ten years — Accused, a US citizen, had misused interim protection in prior proceedings to leave the country without Court’s leave — Whether High Court justified in permitting accused to travel abroad on grounds of medical treatment — Held, not justified — High Court indulgent rather than judicially restrained — Medical facilities in India comparable to those abroad — High Court’s revisional order set aside — Accused restrained from travelling abroad without express permission of Sessions Court — Bharatiya Nagarik Suraksha Sanhita, 2023, S. 442 — Constitution of India, Art. 21
Cr P C
Criminal Procedure — Passport — Return/Surrender of Passport — Accused facing serious criminal charges — Right to travel abroad vis-à-vis right to speedy trial — Balance between individual liberty and societal interest — Accused charged with abetment of suicide and criminal conspiracy since 2014, trial still at stage of committal despite lapse of over ten years — Accused, a US citizen, had misused interim protection in prior proceedings to leave the country without Court’s leave — Whether High Court justified in permitting accused to travel abroad on grounds of medical treatment — Held, not justified — High Court indulgent rather than judicially restrained — Medical facilities in India comparable to those abroad — High Court’s revisional order set aside — Accused restrained from travelling abroad without express permission of Sessions Court — Bharatiya Nagarik Suraksha Sanhita, 2023, S. 442 — Constitution of India, Art. 21
Rent

Landlord’s Derivative Title Has To Be Established When It Is Challenged By Tenant: SC  HELD the landlord is not required to prove his title in the subject property as in a title-suit, but when his/her derivative title is challenged, the same has to be established in some form.

Dec 23, 2019 sclaw

Landlord’s Derivative Title Has To Be Established When It Is Challenged By Tenant: SC   LIVELAW NEWS NETWORK 21 Dec 2019 2:14 PM “When the landlord’s derivative title is challenged, the…

Service Matters
Service

Service Law – Appointment of Lecturers – Fixation of minimum marks – Advertisement clearly indicates that only those candidates who obtained 50% marks in Paper I and II would be eligible to take the test in Paper IIIHELD There were no minimum marks provided for Paper III in the advertisement. This could be done by the moderation committee even at a later stage. This is not a change brought about but an additional aspect brought in while determining the merit of the candidates who are found fit to be eligible for consideration for appointment of Lecturers

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JHARKHAND PUBLIC SERVICE COMMISSION — Appellant Vs. MANOJ KUMAR GUPTA AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Deepak Gupta, JJ.…

Consumer

Consumer Law – Deficiency of service – Fraudulent transactions – Compensation – Liability – Denial of the compensation corresponding to the extent of the School’s loss, by the State Commission as well as by the NCDRC would not be justified – Respondent Bank should be directed to compensate the School to the tune of Rs. 25,00,000/- transferred until 9.9.2014, when the misappropriation was first detected

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DAV PUBLIC SCHOOL — Appellant Vs. THE SENIOR MANAGER, INDIAN BANK, MIDNAPUR BRANCH AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud…

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,…

You missed

C P C

Hindu Minority and Guardianship Act, 1956 — Section 8(3) — Unauthorized alienation of minor’s property — Such alienation is voidable, not void ab initio, and can be challenged by the minor upon attaining majority or by someone claiming under the minor.

Jun 8, 2026 sclaw
Cr P C

Criminal Procedure — Delay in Investigation and Filing of Charge Sheet — Speedy Trial — Right to Speedy Trial and Timely Completion of Investigation are integral parts of Article 21 of the Constitution — Statutory recognition in CrPC for prompt investigation — Investigations should be completed within a reasonable time, not endlessly — Lack of strict timelines in CrPC does not permit indefinite investigations — Inordinate delay without adequate justification warrants intervention by Courts.

Jun 8, 2026 sclaw
Contract Act Mining

Contract Law — Statutory Amendment — Impact on existing contracts — Where a statutory amendment alters a fundamental aspect like royalty rates, a pre-existing contract cannot prevent the application of the amended law, especially when the payment of royalty is linked to the removal or consumption of minerals — [MMDR Act] Applicability of S.9 — Scope — Section 9 applies broadly to all entities engaged in removal/dispatch of minerals, not only direct mining lessees.

Jun 8, 2026 sclaw
Cr P C

Criminal Procedure — Passport — Return/Surrender of Passport — Accused facing serious criminal charges — Right to travel abroad vis-à-vis right to speedy trial — Balance between individual liberty and societal interest — Accused charged with abetment of suicide and criminal conspiracy since 2014, trial still at stage of committal despite lapse of over ten years — Accused, a US citizen, had misused interim protection in prior proceedings to leave the country without Court’s leave — Whether High Court justified in permitting accused to travel abroad on grounds of medical treatment — Held, not justified — High Court indulgent rather than judicially restrained — Medical facilities in India comparable to those abroad — High Court’s revisional order set aside — Accused restrained from travelling abroad without express permission of Sessions Court — Bharatiya Nagarik Suraksha Sanhita, 2023, S. 442 — Constitution of India, Art. 21

Jun 8, 2026 sclaw