Supreme Court of India Judgements

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Criminal Procedure Code, 1973 — Section 227 — Discharge of Accused — Principles for deciding discharge application — Standard of proof for framing charge — The Court, at the stage of framing charge, must sift the evidence to determine if there is a “sufficient ground for proceeding”; a prima facie case must be established — If two views are possible and one gives rise to “suspicion only, as distinguished from grave suspicion,” the trial Judge is empowered to discharge the accused — The Judge is not a “mere post office” but must exercise judicial mind to determine if a case for trial is made out — The strong suspicion required to frame a charge must be founded on material that can be translated into evidence at trial — Where the profile of allegations renders the existence of strong suspicion patently absurd or inherently improbable, the accused should be discharged. (Paras 14, 15, 16, 17) Criminal Procedure Code, 1973 (CrPC) — Section 321 — Withdrawal from prosecution — Requirement of High Court permission for withdrawal of cases against sitting or former MPs/MLAs — Following Ashwini Kumar Upadhyay v. Union of India — High Court must exercise judicial mind and give a reasoned order when considering an application for permission to withdraw prosecution against sitting/former legislators — Application must disclose reasons for withdrawal and records of the case must be before the High Court — Absence of requisite permission from the High Court means that the withdrawal application cannot be granted and the criminal proceedings cannot be quashed on this ground — High Court’s rejection of quashing petition confirmed. (Paras 2, 7, 9, 10) Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing of Criminal Proceedings — Indian Penal Code (IPC), 1860 — Sections 420 (Cheating), 344 (Wrongful confinement for ten or more days), and 506 (Criminal intimidation) — Scope of quashing power: Quashing under Section 482 CrPC must be exercised sparingly, with circumspection, and only in exceptional situations; court must avoid delving into disputed facts at the pre-trial stage — Interference is warranted only when the case falls within recognized parameters (like those in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335) — Where allegations in FIR and charge sheet, corroborated by witness statements, prima facie disclose essential ingredients of offences under Sections 420, 344, and 506 IPC, quashing is unwarranted. (Paras 12, 18, 20, 23, 25, 30, 32, 34) Service Law — Termination of Contractual Service — Qualifications — Interpretation of Educational Qualifications — Advertisement requiring “Postgraduate degree in Statistics” — Appellant holding M.Com. degree with Business Statistics and Indian Economic Statistics as principal subjects — Where no Government university offers a degree exclusively titled “Postgraduate degree in Statistics,” insisting solely on the title of the degree, without considering the actual curriculum, amounts to elevating form over substance — The interpretation must be contextual and purposive — Termination based solely on the title of the degree, ignoring expert opinion (Director, W.S.O., S.W.M., P.H.E.D.) that the appellant meets the requirement and the University certificate confirming inclusion of Statistics as principal subjects, is arbitrary and unreasonable. (Paras 3, 4, 31, 32, 37, 44) Contempt of Court — Initiating contempt proceedings — Clear and unequivocal terms of the underlying order — A Contempt Petition can be dismissed summarily only if the underlying order, the non-compliance of which is alleged, is genuinely unclear, ambiguous, or susceptible to two equally reasonable interpretations — Where the High Court dismissed a Contempt Petition holding that the underlying order was capable of two interpretations, but the Supreme Court found, upon reading the order as a whole, that there were clear and categorical directions and recorded statements regarding handing over of possession and payment of compensation, the dismissal of the Contempt Petition was erroneous. (Paras 1, 7, 8, 9, 10)
Cr P C

Criminal Procedure Code, 1973 — Section 227 — Discharge of Accused — Principles for deciding discharge application — Standard of proof for framing charge — The Court, at the stage of framing charge, must sift the evidence to determine if there is a “sufficient ground for proceeding”; a prima facie case must be established — If two views are possible and one gives rise to “suspicion only, as distinguished from grave suspicion,” the trial Judge is empowered to discharge the accused — The Judge is not a “mere post office” but must exercise judicial mind to determine if a case for trial is made out — The strong suspicion required to frame a charge must be founded on material that can be translated into evidence at trial — Where the profile of allegations renders the existence of strong suspicion patently absurd or inherently improbable, the accused should be discharged. (Paras 14, 15, 16, 17)

Dec 8, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 321 — Withdrawal from prosecution — Requirement of High Court permission for withdrawal of cases against sitting or former MPs/MLAs — Following Ashwini Kumar Upadhyay v. Union of India — High Court must exercise judicial mind and give a reasoned order when considering an application for permission to withdraw prosecution against sitting/former legislators — Application must disclose reasons for withdrawal and records of the case must be before the High Court — Absence of requisite permission from the High Court means that the withdrawal application cannot be granted and the criminal proceedings cannot be quashed on this ground — High Court’s rejection of quashing petition confirmed. (Paras 2, 7, 9, 10)

Dec 8, 2025 sclaw
Criminal Procedure Code, 1973 — Section 227 — Discharge of Accused — Principles for deciding discharge application — Standard of proof for framing charge — The Court, at the stage of framing charge, must sift the evidence to determine if there is a “sufficient ground for proceeding”; a prima facie case must be established — If two views are possible and one gives rise to “suspicion only, as distinguished from grave suspicion,” the trial Judge is empowered to discharge the accused — The Judge is not a “mere post office” but must exercise judicial mind to determine if a case for trial is made out — The strong suspicion required to frame a charge must be founded on material that can be translated into evidence at trial — Where the profile of allegations renders the existence of strong suspicion patently absurd or inherently improbable, the accused should be discharged. (Paras 14, 15, 16, 17)
Cr P C
Criminal Procedure Code, 1973 — Section 227 — Discharge of Accused — Principles for deciding discharge application — Standard of proof for framing charge — The Court, at the stage of framing charge, must sift the evidence to determine if there is a “sufficient ground for proceeding”; a prima facie case must be established — If two views are possible and one gives rise to “suspicion only, as distinguished from grave suspicion,” the trial Judge is empowered to discharge the accused — The Judge is not a “mere post office” but must exercise judicial mind to determine if a case for trial is made out — The strong suspicion required to frame a charge must be founded on material that can be translated into evidence at trial — Where the profile of allegations renders the existence of strong suspicion patently absurd or inherently improbable, the accused should be discharged. (Paras 14, 15, 16, 17)
Criminal Procedure Code, 1973 (CrPC) — Section 321 — Withdrawal from prosecution — Requirement of High Court permission for withdrawal of cases against sitting or former MPs/MLAs — Following Ashwini Kumar Upadhyay v. Union of India — High Court must exercise judicial mind and give a reasoned order when considering an application for permission to withdraw prosecution against sitting/former legislators — Application must disclose reasons for withdrawal and records of the case must be before the High Court — Absence of requisite permission from the High Court means that the withdrawal application cannot be granted and the criminal proceedings cannot be quashed on this ground — High Court’s rejection of quashing petition confirmed. (Paras 2, 7, 9, 10)
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Section 321 — Withdrawal from prosecution — Requirement of High Court permission for withdrawal of cases against sitting or former MPs/MLAs — Following Ashwini Kumar Upadhyay v. Union of India — High Court must exercise judicial mind and give a reasoned order when considering an application for permission to withdraw prosecution against sitting/former legislators — Application must disclose reasons for withdrawal and records of the case must be before the High Court — Absence of requisite permission from the High Court means that the withdrawal application cannot be granted and the criminal proceedings cannot be quashed on this ground — High Court’s rejection of quashing petition confirmed. (Paras 2, 7, 9, 10)
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing of Criminal Proceedings — Indian Penal Code (IPC), 1860 — Sections 420 (Cheating), 344 (Wrongful confinement for ten or more days), and 506 (Criminal intimidation) — Scope of quashing power: Quashing under Section 482 CrPC must be exercised sparingly, with circumspection, and only in exceptional situations; court must avoid delving into disputed facts at the pre-trial stage — Interference is warranted only when the case falls within recognized parameters (like those in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335) — Where allegations in FIR and charge sheet, corroborated by witness statements, prima facie disclose essential ingredients of offences under Sections 420, 344, and 506 IPC, quashing is unwarranted. (Paras 12, 18, 20, 23, 25, 30, 32, 34)
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing of Criminal Proceedings — Indian Penal Code (IPC), 1860 — Sections 420 (Cheating), 344 (Wrongful confinement for ten or more days), and 506 (Criminal intimidation) — Scope of quashing power: Quashing under Section 482 CrPC must be exercised sparingly, with circumspection, and only in exceptional situations; court must avoid delving into disputed facts at the pre-trial stage — Interference is warranted only when the case falls within recognized parameters (like those in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335) — Where allegations in FIR and charge sheet, corroborated by witness statements, prima facie disclose essential ingredients of offences under Sections 420, 344, and 506 IPC, quashing is unwarranted. (Paras 12, 18, 20, 23, 25, 30, 32, 34)
Service Law — Termination of Contractual Service — Qualifications — Interpretation of Educational Qualifications — Advertisement requiring “Postgraduate degree in Statistics” — Appellant holding M.Com. degree with Business Statistics and Indian Economic Statistics as principal subjects — Where no Government university offers a degree exclusively titled “Postgraduate degree in Statistics,” insisting solely on the title of the degree, without considering the actual curriculum, amounts to elevating form over substance — The interpretation must be contextual and purposive — Termination based solely on the title of the degree, ignoring expert opinion (Director, W.S.O., S.W.M., P.H.E.D.) that the appellant meets the requirement and the University certificate confirming inclusion of Statistics as principal subjects, is arbitrary and unreasonable. (Paras 3, 4, 31, 32, 37, 44)
Service
Service Law — Termination of Contractual Service — Qualifications — Interpretation of Educational Qualifications — Advertisement requiring “Postgraduate degree in Statistics” — Appellant holding M.Com. degree with Business Statistics and Indian Economic Statistics as principal subjects — Where no Government university offers a degree exclusively titled “Postgraduate degree in Statistics,” insisting solely on the title of the degree, without considering the actual curriculum, amounts to elevating form over substance — The interpretation must be contextual and purposive — Termination based solely on the title of the degree, ignoring expert opinion (Director, W.S.O., S.W.M., P.H.E.D.) that the appellant meets the requirement and the University certificate confirming inclusion of Statistics as principal subjects, is arbitrary and unreasonable. (Paras 3, 4, 31, 32, 37, 44)
C P C

Execution of Decree—Protection of Possession—Appellants, even though they are strangers to the decree, are entitled to get their claim to remain in possession of the property independent of the decree, adjudicated in course of execution proceedings and not by a separate suit Resjudicata—Failure of the parties to raise a matter, which “might and ought” to have been made in a former suit, cannot be raised in a latter suit

Apr 21, 2019 sclaw

2019(2) Law Herald (SC) 884 : 2019 LawHerald.Org 726 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…

C P C

Second Appeal—Scope of—While deciding the second appeal, it is not permissible for the High Court to re-appreciate the evidence on record and interfere with the findings recorded by the Courts below and/or the First Appellate Court and if the First Appellate Court has exercised its discretion in a judicial manner Second Appeal—Jurisdiction of the High Court to entertain the second appeal under Section 100 CPC is confined only to such appeals which involve a substantial question of law

Apr 21, 2019 sclaw

2019(1) Law Herald (SC) 835 : 2019 LawHerald.Org 720 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageshwara Rao Hon’ble Mr. Justice M.R. Shah Civil Appeal No.…

Consumer

The S C O I has upheld the judgment of the NCDRC against Jaiprakash Associate Limited (JAL) on the issue of maintainability of consumer complaints before NCDRC. It validates the maintainability of consumer claims of homebuyers against Jaypee for refunds and damages on account of delayed possession.

Apr 20, 2019 sclaw

  1   IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION   CIVIL APPEAL NO(S).11320-11329 OF 2018   JAIPRAKASH ASSOCIATE LTD.                                                          APPELLANT(S)   VERSUS   GAURAV GOYAL & ANR.…

Service Matters
Service

Service Law—Dismissal from Service—Absence without leave-­Unauthorized absence of 302 days by a member of the Armed Force without any effort to apply for extension of his leave-Punishment of dismissal from service cannot be held to be harsh and disproportionate merely on the ground that the respondent had put in twelve years of service.

Apr 19, 2019 sclaw

2019(2) Law Herald (SC) 870 : 2019 LawHerald.Org 723 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y Chandrachud  Hon’ble Mr. Justice Hemant Gupta Civil Appeal…

Cr P C

Theft of Electricity—Quashing—FIR can be quashed only after following procedure under S. 152 of the Act and not merely on compromise between the partiesTheft of Electricity—Quashing—FIR can be quashed only after following procedure under S. 152 of the Act and not merely on compromise between the parties

Apr 19, 2019 sclaw

2019(2) Law Herald (SC) 865 : 2019 LawHerald.Org 724 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Criminal Appeal Nos.469-470…

Property Matters

Appellants cannot be deprived of a plot allotted to her merely on the basis that she has not made any grievance in respect of possession of the plot allotted on the basis of technicities. If such allotment is found to be made, the appellant would be entitled to possession of the plot of 250 sq. yards. If it is found that the plot allotted to the appellant is not available, the Registrar or its delegate shall pass such necessary order to redress the grievance of the appellant after giving an opportunity of hearing to the affected persons

Apr 17, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NISHA SINGLA — Appellant Vs. ADARSH COLONY COOPERATIVE HOUSE BUILDING SOCIETY LTD AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud and…

Rent

Hindu Succession Act, 1956 – Sections 14, 14(1) and 14(2) – East Punjab Urban Rent Restriction Act, 1949 – Sections 2(c) and 2(i) – Eviction – High Court while setting aside the judgment of the first appellate Court held that Shiv Dev Kaur (having life interest in property) had created a tenancy in favour of the defendant and the relationship of landlord and tenant did not cease to exist on her death. The remedy of the appellants as owners was to seek eviction under prevailing rent control legislation and not by means of a suit for possession

Apr 17, 2019 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH DR RS GREWAL AND OTHERS — Appellant Vs. CHANDER PARKASH SONI AND ANOTHER — Respondent ( Before : Dr Dhananjaya Y Chandrachud and…

You missed

Cr P C

Criminal Procedure Code, 1973 — Section 227 — Discharge of Accused — Principles for deciding discharge application — Standard of proof for framing charge — The Court, at the stage of framing charge, must sift the evidence to determine if there is a “sufficient ground for proceeding”; a prima facie case must be established — If two views are possible and one gives rise to “suspicion only, as distinguished from grave suspicion,” the trial Judge is empowered to discharge the accused — The Judge is not a “mere post office” but must exercise judicial mind to determine if a case for trial is made out — The strong suspicion required to frame a charge must be founded on material that can be translated into evidence at trial — Where the profile of allegations renders the existence of strong suspicion patently absurd or inherently improbable, the accused should be discharged. (Paras 14, 15, 16, 17)

Dec 8, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 321 — Withdrawal from prosecution — Requirement of High Court permission for withdrawal of cases against sitting or former MPs/MLAs — Following Ashwini Kumar Upadhyay v. Union of India — High Court must exercise judicial mind and give a reasoned order when considering an application for permission to withdraw prosecution against sitting/former legislators — Application must disclose reasons for withdrawal and records of the case must be before the High Court — Absence of requisite permission from the High Court means that the withdrawal application cannot be granted and the criminal proceedings cannot be quashed on this ground — High Court’s rejection of quashing petition confirmed. (Paras 2, 7, 9, 10)

Dec 8, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing of Criminal Proceedings — Indian Penal Code (IPC), 1860 — Sections 420 (Cheating), 344 (Wrongful confinement for ten or more days), and 506 (Criminal intimidation) — Scope of quashing power: Quashing under Section 482 CrPC must be exercised sparingly, with circumspection, and only in exceptional situations; court must avoid delving into disputed facts at the pre-trial stage — Interference is warranted only when the case falls within recognized parameters (like those in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335) — Where allegations in FIR and charge sheet, corroborated by witness statements, prima facie disclose essential ingredients of offences under Sections 420, 344, and 506 IPC, quashing is unwarranted. (Paras 12, 18, 20, 23, 25, 30, 32, 34)

Dec 7, 2025 sclaw
Service

Service Law — Termination of Contractual Service — Qualifications — Interpretation of Educational Qualifications — Advertisement requiring “Postgraduate degree in Statistics” — Appellant holding M.Com. degree with Business Statistics and Indian Economic Statistics as principal subjects — Where no Government university offers a degree exclusively titled “Postgraduate degree in Statistics,” insisting solely on the title of the degree, without considering the actual curriculum, amounts to elevating form over substance — The interpretation must be contextual and purposive — Termination based solely on the title of the degree, ignoring expert opinion (Director, W.S.O., S.W.M., P.H.E.D.) that the appellant meets the requirement and the University certificate confirming inclusion of Statistics as principal subjects, is arbitrary and unreasonable. (Paras 3, 4, 31, 32, 37, 44)

Dec 7, 2025 sclaw