Supreme Court of India Judgements

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Income Tax Act, 1961 — Section 147 and 148 — Reopening of assessment — Validity — Tangible material — Change of opinion — Assessing Officer has no power to review an assessment; reassessment must be based on tangible material, not a mere change of opinion — The discovery of fresh information during a survey, which reveals the true nature of a transaction and suggests income has escaped assessment, can form the basis for reopening an assessment, even if certain disclosures were made during the original assessment. Wife’s pursuit of professional career and desire to provide safe environment for child are not grounds for cruelty or desertion. -Family Law — Divorce — Grounds — Cruelty and Desertion — Wife’s pursuit of professional career and desire to provide safe environment for child are not grounds for cruelty or desertion. Constitution of India, 1950 — Article 19(1)(a) and Article 21A — Right to education — Medium of instruction — Freedom of speech and expression includes the right to receive information in a comprehensible manner — Education must be imparted in a language that the child understands best — Right to primary education in a language of choice is part of freedom of speech and expression — State cannot impose controls on such choice. Motor Vehicles Act, 1988 — Compensation — Enhancement — Deceased was an engineering student with good academic record and potential future earnings — High Court enhanced compensation but it was found to be on the lower side — The Supreme Court assessed the monthly income at Rs. 12,000/-, added 40% for future prospects, deducted half for personal expenses, and applied a multiplier of 18 — Compensation under conventional heads was also enhanced — The motorcycle damage was awarded as per the surveyor’s report. . Canara Bank Officer Employees’ (Discipline and Appeal) Regulations, 1976 — Regulation 10 — Common Proceedings — The word “may” in Regulation 10, which empowers the competent authority to direct common disciplinary proceedings against multiple employees, is directory and not mandatory — This interpretation allows for discretion to be exercised by the employer based on the circumstances and the varying roles of the employees involved — The failure to hold a joint inquiry does not automatically vitiate individual disciplinary proceedings.
Direct Taxation Income Tax Act

Income Tax Act, 1961 — Section 147 and 148 — Reopening of assessment — Validity — Tangible material — Change of opinion — Assessing Officer has no power to review an assessment; reassessment must be based on tangible material, not a mere change of opinion — The discovery of fresh information during a survey, which reveals the true nature of a transaction and suggests income has escaped assessment, can form the basis for reopening an assessment, even if certain disclosures were made during the original assessment.

May 14, 2026 sclaw
Income Tax Act, 1961 — Section 147 and 148 — Reopening of assessment — Validity — Tangible material — Change of opinion — Assessing Officer has no power to review an assessment; reassessment must be based on tangible material, not a mere change of opinion — The discovery of fresh information during a survey, which reveals the true nature of a transaction and suggests income has escaped assessment, can form the basis for reopening an assessment, even if certain disclosures were made during the original assessment.
Direct Taxation Income Tax Act
Income Tax Act, 1961 — Section 147 and 148 — Reopening of assessment — Validity — Tangible material — Change of opinion — Assessing Officer has no power to review an assessment; reassessment must be based on tangible material, not a mere change of opinion — The discovery of fresh information during a survey, which reveals the true nature of a transaction and suggests income has escaped assessment, can form the basis for reopening an assessment, even if certain disclosures were made during the original assessment.
Wife’s pursuit of professional career and desire to provide safe environment for child are not grounds for cruelty or desertion. -Family Law — Divorce — Grounds — Cruelty and Desertion — Wife’s pursuit of professional career and desire to provide safe environment for child are not grounds for cruelty or desertion.
Matrimonial
Wife’s pursuit of professional career and desire to provide safe environment for child are not grounds for cruelty or desertion. -Family Law — Divorce — Grounds — Cruelty and Desertion — Wife’s pursuit of professional career and desire to provide safe environment for child are not grounds for cruelty or desertion.
Constitution of India, 1950 — Article 19(1)(a) and Article 21A — Right to education — Medium of instruction — Freedom of speech and expression includes the right to receive information in a comprehensible manner — Education must be imparted in a language that the child understands best — Right to primary education in a language of choice is part of freedom of speech and expression — State cannot impose controls on such choice.
Constitution Education
Constitution of India, 1950 — Article 19(1)(a) and Article 21A — Right to education — Medium of instruction — Freedom of speech and expression includes the right to receive information in a comprehensible manner — Education must be imparted in a language that the child understands best — Right to primary education in a language of choice is part of freedom of speech and expression — State cannot impose controls on such choice.
Motor Vehicles Act, 1988 — Compensation — Enhancement — Deceased was an engineering student with good academic record and potential future earnings — High Court enhanced compensation but it was found to be on the lower side — The Supreme Court assessed the monthly income at Rs. 12,000/-, added 40% for future prospects, deducted half for personal expenses, and applied a multiplier of 18 — Compensation under conventional heads was also enhanced — The motorcycle damage was awarded as per the surveyor’s report.
Accident
Motor Vehicles Act, 1988 — Compensation — Enhancement — Deceased was an engineering student with good academic record and potential future earnings — High Court enhanced compensation but it was found to be on the lower side — The Supreme Court assessed the monthly income at Rs. 12,000/-, added 40% for future prospects, deducted half for personal expenses, and applied a multiplier of 18 — Compensation under conventional heads was also enhanced — The motorcycle damage was awarded as per the surveyor’s report.
Corporate

What is the jural relationship between a chit fund entity and the subscribers, created by a chitty agreement;HELD “the relationship between a chit subscriber and the chit foreman is a contractual obligation, which creates a debt on the day of subscription. On default taking place, the foreman is entitled to recover the consolidated amount of future subscriptions from the defaulting subscriber in a lump sum.”

Nov 10, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S ORIENTAL KURIES LTD. REPRESENTED BY ITS CHAIRMAN P.D. JOSE — Appellant Vs. LISSA AND OTHERS — Respondent ( Before : Indu Malhotra and…

Murder

Penal Code, 1860 – Sections 201, 302, 34, 436, 498A – Murder of wife – Deposition of medical officer – “there can no doubt that the medical doctor knows exactly what medical injuries are and ordinarily in case of inconsistency, the medical report of the doctor should prevail. Having regard to the post mortem and the evidence of P.W.1, the nature of injuries noticed as explained by the deposition of P.W.1 unerringly point to the death being caused by throttling as opined by the doctor

Nov 10, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAVED ABDUL RAJJAQ SHAIKH — Appellant Vs. STATE OF MAHARASHTRA — Respondent ( Before : Sanjay Kishan Kaul and K.M. Joseph, JJ. ) Criminal…

Service Matters
Service

Uttar Pradesh Secondary Education Services Selection Board Act, 1982 – Sections 16 and 18 – First Uttar Pradesh Secondary Education Service Commission (Removal of Difficulties) Order, 1981 – Appointment of teachers HELD When the impugned judgment is analysed in light of the applicable norms, there is no escape from the conclusion that the appellant’s appointment by the Management, was not in accordance with paragraph 5 of the Removal of Difficulties Order.

Nov 10, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH RAVINDRA SINGH — Appellant Vs. DISTRICT INSPECTOR OF SCHOOLS AND OTHERS — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ.…

Acquittal

Penal Code, 1860 (IPC) – Section 326 – Summary Court Martial proceedings – Causing grievous hurt to Subedar/Master Technical – Acquittal – Appeal against – It is settled law that if two views can be reached, the one that leads to acquittal has to be preferred to the other, which would end in conviction. That apart, there is a clear violation of Rules 179 and 180 of the Rules and the respondent was deprived of an opportunity to defend himself.

Nov 10, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. SEPOY PRAVAT KUMAR BEHURIA — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ.…

Property Matters

Madras Forest Act, 1882 – Sections 6, 8 and 25 – Declaration of title – The significant proposals of the Respondent were that the title in respect of the Alagar Hills should be with that of the presiding deity of the Respondent- The finding recorded by the High Court that there is adequate material to hold that Alagar hills belong to the temple is erroneous. The trial Court is right in holding that the Respondent miserably failed in producing any material to prove its title

Nov 10, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE GOVERNMENT OF TAMIL NADU & ANR. ETC. ETC. — Appellant Vs. ARULMIGHU KALLALAGAR THIRUKOIL ALAGAR KOIL & ORS. ETC. ETC. — Respondent (…

Bail Granted

This Court are inclined to grant interim relief claimed by the petitioner to release him on bail directly by this Court in connection with all the FIRs mentioned in prayer clause (c) and other FIRs that have been or likely to be registered against the petitioner in connection with the project, namely, “Grand Venice”, in particular, Mall and Commercial Tower

Nov 10, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SATINDER SINGH BHASIN — Appellant Vs. GOVERNMENT OF NCT OF DELHI AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ.…

Corporate

Insolvency and Bankruptcy Code, 2016 – Section 12(3) – Time limit for completion of Insolvency Resolution Process – Where the insolvency resolution process of a corporate debtor is pending and has not been completed within the period referred to in the second proviso, such resolution process shall be completed within a period of ninety days from the date of commencement of the Insolvency and Bankruptcy Code (Amendment) Act, 2019

Nov 10, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAIPRAKASH ASSOCIATES LTD AND ANOTHER — Appellant Vs. IDBI BANK LTD. — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Civil…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 164 – Recording of confessions and statements – Section 164 of the Code thus does not contemplate that a confession or statement should necessarily be made in the presence of the advocate(s), except, when such confessional statement is recorded with audio-video electronic means.

Nov 10, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH MANOHARAN — Appellant Vs. STATE BY INSPECTOR OF POLICE, VARIETY HALL POLICE STATION, COIMBATORE — Respondent ( Before : Rohinton Fali Nariman, Surya Kant…

Murder

Penal Code, 1860 (IPC) – Sections 302, 306 and 498A – Evidence Act, 1872 – Section 106 – Criminal Procedure Code, 1973 (CrPC) – Sections 145, 161 and 313 – Murder of wife -Once the prosecution established a prima facie case, the appellant was obliged to furnish some explanation under Section 313, Cr.P.C. with regard to the circumstances under which the deceased met an unnatural death inside the house. His failure to offer any explanation whatsoever therefore leaves no doubt for the conclusion of his being the assailant of the deceased – Appeal dismissed.

Nov 10, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KALU ALIAS LAXMINARAYAN — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Navin Sinha and B.R. Gavai, JJ. ) Criminal Appeal…

You missed

Direct Taxation Income Tax Act

Income Tax Act, 1961 — Section 147 and 148 — Reopening of assessment — Validity — Tangible material — Change of opinion — Assessing Officer has no power to review an assessment; reassessment must be based on tangible material, not a mere change of opinion — The discovery of fresh information during a survey, which reveals the true nature of a transaction and suggests income has escaped assessment, can form the basis for reopening an assessment, even if certain disclosures were made during the original assessment.

May 14, 2026 sclaw
Matrimonial

Wife’s pursuit of professional career and desire to provide safe environment for child are not grounds for cruelty or desertion. -Family Law — Divorce — Grounds — Cruelty and Desertion — Wife’s pursuit of professional career and desire to provide safe environment for child are not grounds for cruelty or desertion.

May 14, 2026 sclaw
Constitution Education

Constitution of India, 1950 — Article 19(1)(a) and Article 21A — Right to education — Medium of instruction — Freedom of speech and expression includes the right to receive information in a comprehensible manner — Education must be imparted in a language that the child understands best — Right to primary education in a language of choice is part of freedom of speech and expression — State cannot impose controls on such choice.

May 14, 2026 sclaw
Accident

Motor Vehicles Act, 1988 — Compensation — Enhancement — Deceased was an engineering student with good academic record and potential future earnings — High Court enhanced compensation but it was found to be on the lower side — The Supreme Court assessed the monthly income at Rs. 12,000/-, added 40% for future prospects, deducted half for personal expenses, and applied a multiplier of 18 — Compensation under conventional heads was also enhanced — The motorcycle damage was awarded as per the surveyor’s report.

May 14, 2026 sclaw