Supreme Court of India Judgements

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Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 223(1) first proviso — Applicability of — Proceedings under Prevention of Money Laundering Act, 2002 (PMLA) filed before commencement of BNSS — Cognizance taken after commencement of BNSS — Accused not given opportunity of hearing at cognizance stage — Provision mandates hearing of accused before taking cognizance — Non-compliance is an illegality vitiating cognizance order — High Court judgment set aside. Constitution of India, 1950 — Article 142 — Extraordinary powers of Supreme Court — Directions issued by Supreme Court cannot supplant substantive law or disregard express statutory provisions unless necessary for complete justice, considering public policy and balancing equities. [Paras 50-54] – Stray Dog Management — Public Safety vs. Animal Welfare — Supreme Court must strike a balance between public safety under Article 21 and humane treatment of stray animals, prioritising human life and safety Unlawful Activities (Prevention) Act, 1967 — Offences under Sections 10(a)(i), 10(a)(iv), and 38(1) — Indian Penal Code, 1860 — Section 120B — Poisons Act, 1919 — Section 6 — Foreigners Act, 1946 — Section 14(c) — Passport Act, 1967 — Section 3 read with Section 12(1)(a) — Conviction for charges including conspiracy to revive banned organization LTTE — Appeal against conviction and sentence — Supreme Court’s finding that appellant was falsely implicated due to mistaken identity — Reliance on oral testimony of two key witnesses who introduced crucial alias name “Ranjan” years after the alleged incident and only after appellant’s arrest — Inconsistencies and material improvements in their testimonies — Failure of prosecution to establish identity with reliable oral or documentary evidence — Absence of any contemporaneous description, documentary linkage, or independent corroboration connecting appellant to the alleged absconding accused “Sri” — Appellant residing openly and lawfully as a refugee, pursuing visa to Switzerland inconsistent with being an absconding accused — Conviction and sentence set aside — Appeal allowed; appellant acquitted. Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) — Section 126(1)(b) — Transferable Development Rights (TDR) — Compensation for land acquisition reserved for public purpose — Landowner entitled to TDR against land surrendered and ‘further’ TDR for development of amenity on the surrendered land — Corporation’s argument that agreements (LOI, Undertaking, Maintenance Agreement) waived landowner’s right to claim additional amenity TDR rejected — Held, statutory rights cannot be derogated from by executive circulars or agreements. Contract Law — Tender Documents — Earnest Money Deposit (EMD) — Interpretation of Tender Clauses — Mandatory vs — Optional Conditions — Clause 2.13(a)(xiii) and Clause 2.13(b) of the tender document specifying the form of EMD for out-of-state bidders used the word “may submit”, indicating an optional, not mandatory, requirement.
Acquittal Bhartiya Nagrik Suraksha Sanhita

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 223(1) first proviso — Applicability of — Proceedings under Prevention of Money Laundering Act, 2002 (PMLA) filed before commencement of BNSS — Cognizance taken after commencement of BNSS — Accused not given opportunity of hearing at cognizance stage — Provision mandates hearing of accused before taking cognizance — Non-compliance is an illegality vitiating cognizance order — High Court judgment set aside.

May 23, 2026 sclaw
Constitution

Constitution of India, 1950 — Article 142 — Extraordinary powers of Supreme Court — Directions issued by Supreme Court cannot supplant substantive law or disregard express statutory provisions unless necessary for complete justice, considering public policy and balancing equities. [Paras 50-54] – Stray Dog Management — Public Safety vs. Animal Welfare — Supreme Court must strike a balance between public safety under Article 21 and humane treatment of stray animals, prioritising human life and safety

May 23, 2026 sclaw
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 223(1) first proviso — Applicability of — Proceedings under Prevention of Money Laundering Act, 2002 (PMLA) filed before commencement of BNSS — Cognizance taken after commencement of BNSS — Accused not given opportunity of hearing at cognizance stage — Provision mandates hearing of accused before taking cognizance — Non-compliance is an illegality vitiating cognizance order — High Court judgment set aside.
Acquittal Bhartiya Nagrik Suraksha Sanhita
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 223(1) first proviso — Applicability of — Proceedings under Prevention of Money Laundering Act, 2002 (PMLA) filed before commencement of BNSS — Cognizance taken after commencement of BNSS — Accused not given opportunity of hearing at cognizance stage — Provision mandates hearing of accused before taking cognizance — Non-compliance is an illegality vitiating cognizance order — High Court judgment set aside.
Constitution of India, 1950 — Article 142 — Extraordinary powers of Supreme Court — Directions issued by Supreme Court cannot supplant substantive law or disregard express statutory provisions unless necessary for complete justice, considering public policy and balancing equities. [Paras 50-54] – Stray Dog Management — Public Safety vs. Animal Welfare — Supreme Court must strike a balance between public safety under Article 21 and humane treatment of stray animals, prioritising human life and safety
Constitution
Constitution of India, 1950 — Article 142 — Extraordinary powers of Supreme Court — Directions issued by Supreme Court cannot supplant substantive law or disregard express statutory provisions unless necessary for complete justice, considering public policy and balancing equities. [Paras 50-54] – Stray Dog Management — Public Safety vs. Animal Welfare — Supreme Court must strike a balance between public safety under Article 21 and humane treatment of stray animals, prioritising human life and safety
Unlawful Activities (Prevention) Act, 1967 — Offences under Sections 10(a)(i), 10(a)(iv), and 38(1) — Indian Penal Code, 1860 — Section 120B — Poisons Act, 1919 — Section 6 — Foreigners Act, 1946 — Section 14(c) — Passport Act, 1967 — Section 3 read with Section 12(1)(a) — Conviction for charges including conspiracy to revive banned organization LTTE — Appeal against conviction and sentence — Supreme Court’s finding that appellant was falsely implicated due to mistaken identity — Reliance on oral testimony of two key witnesses who introduced crucial alias name “Ranjan” years after the alleged incident and only after appellant’s arrest — Inconsistencies and material improvements in their testimonies — Failure of prosecution to establish identity with reliable oral or documentary evidence — Absence of any contemporaneous description, documentary linkage, or independent corroboration connecting appellant to the alleged absconding accused “Sri” — Appellant residing openly and lawfully as a refugee, pursuing visa to Switzerland inconsistent with being an absconding accused — Conviction and sentence set aside — Appeal allowed; appellant acquitted.
Acquittal
Unlawful Activities (Prevention) Act, 1967 — Offences under Sections 10(a)(i), 10(a)(iv), and 38(1) — Indian Penal Code, 1860 — Section 120B — Poisons Act, 1919 — Section 6 — Foreigners Act, 1946 — Section 14(c) — Passport Act, 1967 — Section 3 read with Section 12(1)(a) — Conviction for charges including conspiracy to revive banned organization LTTE — Appeal against conviction and sentence — Supreme Court’s finding that appellant was falsely implicated due to mistaken identity — Reliance on oral testimony of two key witnesses who introduced crucial alias name “Ranjan” years after the alleged incident and only after appellant’s arrest — Inconsistencies and material improvements in their testimonies — Failure of prosecution to establish identity with reliable oral or documentary evidence — Absence of any contemporaneous description, documentary linkage, or independent corroboration connecting appellant to the alleged absconding accused “Sri” — Appellant residing openly and lawfully as a refugee, pursuing visa to Switzerland inconsistent with being an absconding accused — Conviction and sentence set aside — Appeal allowed; appellant acquitted.
Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) — Section 126(1)(b) — Transferable Development Rights (TDR) — Compensation for land acquisition reserved for public purpose — Landowner entitled to TDR against land surrendered and ‘further’ TDR for development of amenity on the surrendered land — Corporation’s argument that agreements (LOI, Undertaking, Maintenance Agreement) waived landowner’s right to claim additional amenity TDR rejected — Held, statutory rights cannot be derogated from by executive circulars or agreements.
Land Acquisition Municipal Laws
Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) — Section 126(1)(b) — Transferable Development Rights (TDR) — Compensation for land acquisition reserved for public purpose — Landowner entitled to TDR against land surrendered and ‘further’ TDR for development of amenity on the surrendered land — Corporation’s argument that agreements (LOI, Undertaking, Maintenance Agreement) waived landowner’s right to claim additional amenity TDR rejected — Held, statutory rights cannot be derogated from by executive circulars or agreements.
Consumer

“…..the issue arose was whether the purchase of flats for the purpose of providing accommodation to nurses employed by the trust’s hospital qualifies as a ‘purchase of services for a commercial purpose’? HELD NO by SC “The provision of hostel facilities to nurses so as to facilitate better medical care is a positive duty enjoined upon the hospital so as to maintain the beneficial effects of the curative care efforts undertaken by it. “

Nov 15, 2019 sclaw

Hospitals Have Duty To Provide Hostel Facilities To Nurses: SC Summarizes Principles To Determine ‘Commercial Purpose’ [Read Judgment] BY: ASHOK KINI15 Nov 2019 3:43 PM “The provision of hostel facilities…

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 11 and 11(6) – Appointment of arbitrator – Settlement of the claim – Insurer’s objection about maintainability of the application on the ground that the respondent had signed the discharge voucher and accepted the amount offered, thus, signifying accord and satisfaction, which in turn meant that there was no arbitrable dispute, was rejected

Nov 13, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE ORIENTAL INSURANCE CO. LTD. AND ANOTHER — Appellant Vs. DICITEX FURNISHING LTD. — Respondent ( Before : Arun Mishra and S. Ravindra Bhat,…

Preventive Detention

Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black-Marketing of Essential Commodities Act, 1981 – Sections 3(1), 3(2) and 13 – Detention – Delegation of powers to the District Magistrate or the Commissioner of Police to detain a person – Once the order of detention is confirmed by the State Government, maximum period for which a detenu shall be detained cannot exceed 12 months from the date of detention.

Nov 13, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF MAHARASHTRA AND OTHERS — Appellant Vs. BALU S/O WAMAN PATOLE — Respondent ( Before : Indira Banerjee and M. R. Shah, JJ.…

You missed

Acquittal Bhartiya Nagrik Suraksha Sanhita

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 223(1) first proviso — Applicability of — Proceedings under Prevention of Money Laundering Act, 2002 (PMLA) filed before commencement of BNSS — Cognizance taken after commencement of BNSS — Accused not given opportunity of hearing at cognizance stage — Provision mandates hearing of accused before taking cognizance — Non-compliance is an illegality vitiating cognizance order — High Court judgment set aside.

May 23, 2026 sclaw
Constitution

Constitution of India, 1950 — Article 142 — Extraordinary powers of Supreme Court — Directions issued by Supreme Court cannot supplant substantive law or disregard express statutory provisions unless necessary for complete justice, considering public policy and balancing equities. [Paras 50-54] – Stray Dog Management — Public Safety vs. Animal Welfare — Supreme Court must strike a balance between public safety under Article 21 and humane treatment of stray animals, prioritising human life and safety

May 23, 2026 sclaw
Acquittal

Unlawful Activities (Prevention) Act, 1967 — Offences under Sections 10(a)(i), 10(a)(iv), and 38(1) — Indian Penal Code, 1860 — Section 120B — Poisons Act, 1919 — Section 6 — Foreigners Act, 1946 — Section 14(c) — Passport Act, 1967 — Section 3 read with Section 12(1)(a) — Conviction for charges including conspiracy to revive banned organization LTTE — Appeal against conviction and sentence — Supreme Court’s finding that appellant was falsely implicated due to mistaken identity — Reliance on oral testimony of two key witnesses who introduced crucial alias name “Ranjan” years after the alleged incident and only after appellant’s arrest — Inconsistencies and material improvements in their testimonies — Failure of prosecution to establish identity with reliable oral or documentary evidence — Absence of any contemporaneous description, documentary linkage, or independent corroboration connecting appellant to the alleged absconding accused “Sri” — Appellant residing openly and lawfully as a refugee, pursuing visa to Switzerland inconsistent with being an absconding accused — Conviction and sentence set aside — Appeal allowed; appellant acquitted.

May 23, 2026 sclaw
Land Acquisition Municipal Laws

Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) — Section 126(1)(b) — Transferable Development Rights (TDR) — Compensation for land acquisition reserved for public purpose — Landowner entitled to TDR against land surrendered and ‘further’ TDR for development of amenity on the surrendered land — Corporation’s argument that agreements (LOI, Undertaking, Maintenance Agreement) waived landowner’s right to claim additional amenity TDR rejected — Held, statutory rights cannot be derogated from by executive circulars or agreements.

May 23, 2026 sclaw