Supreme Court of India Judgements

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Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(xi) — Conviction and Requirement of Caste-Based Intention — High Court’s finding that the offence was committed “simply for reason that the complainant was belonging to scheduled caste” held perverse — No statement in court by the victim or PW-2 suggesting that the accused were motivated by the victim’s caste — Finding based on mere observation without evidence is unsustainable. (Para 20) Bharatiya Nyaya Sanhita, 2023 — Sections 316(4), 344, 61 (2) — Bail — Appeal against grant of bail — Distinguished from cancellation of bail — An appeal against the grant of bail is not on the same footing as an application for cancellation of bail — Superior Court interference in bail grant requires grounds such as perversity, illegality, inconsistency with law, or non-consideration of relevant factors including gravity of the offense and societal impact — The Court must not conduct a threadbare analysis of evidence at the bail stage, but the order must reflect application of mind and assessment of relevant factors — Conduct of the accused subsequent to the grant of bail is not a ground for appeal against grant of bail, but for cancellation. (Paras 7, 8) Penal Code, 18602 (IPC) — Sections 302 and 460 — Appreciation of Evidence — Prior Enmity and Delayed Disclosure of Accused’s Name — Where the star eyewitness (PW-2), the wife of the deceased, provided a detailed account of the assault to the informant (PW-1) immediately after the incident, but failed to name the accused in the First Information Report (FIR), this omission is fatal to the prosecution case, especially when there existed a palpable prior enmity between the witness’s family and the accused (who was the brother of the deceased’s second wife). (Paras 28, 31, 40, 41, 45) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) — Section 3(1)(s) — Essential ingredient — Requirement of caste-based abuse occurring “in any place within public view” — Interpretation — For an offence under Section 3(1)(s) to be made out, the place where the utterance is made must be open, enabling the public to witness or hear the abuse — Abuse uttered within the four corners of a house, where public members are not present, does not satisfy the requirement of being “within public view” — Allegation that casteist abuses were hurled inside the complainant’s residence does not meet the statutory requirement — House of the complainant cannot be considered “within public view.” (Paras 9, 10, 11, 13) Public Interest Litigation (PIL) — Property Tax Revision — Akola Municipal Corporation — Challenge to legality of property tax revision (2017-18 to 2021-22) via Public Interest Litigation (PIL) — Financial Autonomy of Municipal Bodies — Property tax is main source of income for Municipal Corporations to perform vital statutory obligations (urban planning, public health, infrastructure upkeep) — Financial stability and independence are integral to functional efficacy of municipal bodies — Revision of tax structure is necessary to match rising costs and sustain functions — Municipal bodies must have independent revenue sources to avoid dependency on State grants — Failure to revise tax structure for long periods (here, 2001-2017) constitutes gross laxity. (Paras 4, 5, 6, 7, 8, 9, 27)
SC/ST

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(xi) — Conviction and Requirement of Caste-Based Intention — High Court’s finding that the offence was committed “simply for reason that the complainant was belonging to scheduled caste” held perverse — No statement in court by the victim or PW-2 suggesting that the accused were motivated by the victim’s caste — Finding based on mere observation without evidence is unsustainable. (Para 20)

Dec 9, 2025 sclaw
Bharatiya Nyaya Sanhita

Bharatiya Nyaya Sanhita, 2023 — Sections 316(4), 344, 61 (2) — Bail — Appeal against grant of bail — Distinguished from cancellation of bail — An appeal against the grant of bail is not on the same footing as an application for cancellation of bail — Superior Court interference in bail grant requires grounds such as perversity, illegality, inconsistency with law, or non-consideration of relevant factors including gravity of the offense and societal impact — The Court must not conduct a threadbare analysis of evidence at the bail stage, but the order must reflect application of mind and assessment of relevant factors — Conduct of the accused subsequent to the grant of bail is not a ground for appeal against grant of bail, but for cancellation. (Paras 7, 8)

Dec 9, 2025 sclaw
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(xi) — Conviction and Requirement of Caste-Based Intention — High Court’s finding that the offence was committed “simply for reason that the complainant was belonging to scheduled caste” held perverse — No statement in court by the victim or PW-2 suggesting that the accused were motivated by the victim’s caste — Finding based on mere observation without evidence is unsustainable. (Para 20)
SC/ST
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(xi) — Conviction and Requirement of Caste-Based Intention — High Court’s finding that the offence was committed “simply for reason that the complainant was belonging to scheduled caste” held perverse — No statement in court by the victim or PW-2 suggesting that the accused were motivated by the victim’s caste — Finding based on mere observation without evidence is unsustainable. (Para 20)
Bharatiya Nyaya Sanhita, 2023 — Sections 316(4), 344, 61 (2) — Bail — Appeal against grant of bail — Distinguished from cancellation of bail — An appeal against the grant of bail is not on the same footing as an application for cancellation of bail — Superior Court interference in bail grant requires grounds such as perversity, illegality, inconsistency with law, or non-consideration of relevant factors including gravity of the offense and societal impact — The Court must not conduct a threadbare analysis of evidence at the bail stage, but the order must reflect application of mind and assessment of relevant factors — Conduct of the accused subsequent to the grant of bail is not a ground for appeal against grant of bail, but for cancellation. (Paras 7, 8)
Bharatiya Nyaya Sanhita
Bharatiya Nyaya Sanhita, 2023 — Sections 316(4), 344, 61 (2) — Bail — Appeal against grant of bail — Distinguished from cancellation of bail — An appeal against the grant of bail is not on the same footing as an application for cancellation of bail — Superior Court interference in bail grant requires grounds such as perversity, illegality, inconsistency with law, or non-consideration of relevant factors including gravity of the offense and societal impact — The Court must not conduct a threadbare analysis of evidence at the bail stage, but the order must reflect application of mind and assessment of relevant factors — Conduct of the accused subsequent to the grant of bail is not a ground for appeal against grant of bail, but for cancellation. (Paras 7, 8)
Penal Code, 18602 (IPC) — Sections 302 and 460 — Appreciation of Evidence — Prior Enmity and Delayed Disclosure of Accused’s Name — Where the star eyewitness (PW-2), the wife of the deceased, provided a detailed account of the assault to the informant (PW-1) immediately after the incident, but failed to name the accused in the First Information Report (FIR), this omission is fatal to the prosecution case, especially when there existed a palpable prior enmity between the witness’s family and the accused (who was the brother of the deceased’s second wife). (Paras 28, 31, 40, 41, 45)
I P C
Penal Code, 18602 (IPC) — Sections 302 and 460 — Appreciation of Evidence — Prior Enmity and Delayed Disclosure of Accused’s Name — Where the star eyewitness (PW-2), the wife of the deceased, provided a detailed account of the assault to the informant (PW-1) immediately after the incident, but failed to name the accused in the First Information Report (FIR), this omission is fatal to the prosecution case, especially when there existed a palpable prior enmity between the witness’s family and the accused (who was the brother of the deceased’s second wife). (Paras 28, 31, 40, 41, 45)
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) — Section 3(1)(s) — Essential ingredient — Requirement of caste-based abuse occurring “in any place within public view” — Interpretation — For an offence under Section 3(1)(s) to be made out, the place where the utterance is made must be open, enabling the public to witness or hear the abuse — Abuse uttered within the four corners of a house, where public members are not present, does not satisfy the requirement of being “within public view” — Allegation that casteist abuses were hurled inside the complainant’s residence does not meet the statutory requirement — House of the complainant cannot be considered “within public view.” (Paras 9, 10, 11, 13)
SC/ST
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) — Section 3(1)(s) — Essential ingredient — Requirement of caste-based abuse occurring “in any place within public view” — Interpretation — For an offence under Section 3(1)(s) to be made out, the place where the utterance is made must be open, enabling the public to witness or hear the abuse — Abuse uttered within the four corners of a house, where public members are not present, does not satisfy the requirement of being “within public view” — Allegation that casteist abuses were hurled inside the complainant’s residence does not meet the statutory requirement — House of the complainant cannot be considered “within public view.” (Paras 9, 10, 11, 13)
Customs & Excise

When an amount is paid as Dharmada along with the sale price of goods, such payment is not made in consideration of the transfer of goods – Such payment is meant for charity and is received and held in trust by the seller – If such amounts are meant to be credited to charity and do not form part of the income of the assessee they cannot be included in the transaction value or assessable value of the goods

Apr 15, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S D.J. MALPANI — Appellant Vs. COMMISSIONER OF CENTRAL EXCISE, NASHIK — Respondent ( Before : S.A. Bobde, Deepak Gupta and Vineet Saran, JJ.…

Customs & Excise

The present case has been tagged with the case of M/s D.J. Malpani vs. Commissioner of Central Excise, Nashik which has been referred to this Bench vide order dated 29.07.2015. We have held that the amount of Dharmada cannot be included in the transaction value for the purposes of assessments.

Apr 15, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS, BANGALORE — Appellant Vs. M/S JSW STEEL LTD. (FORMERLY KNOWN AS JINDAL VIJAYANAGAR STEEL LTD.) — Respondent ( Before :…

Cr P C

Criminal Law–Murder–Suspension of sentence pending appeal– The mere fact that during the period when the accused persons were on bail during trial there was no misuse of liberties, does not per se warrant suspension of execution of sentence and grant of bail–What really was necessary to be considered by the High Court is whether reasons existed to suspend the execution of sentence and thereafter grant bail

Apr 14, 2019 sclaw

2009(1) LAW HERALD (SC) 636 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kumar Ganguly Criminal Appeal No. of 2009…

Acquittal

Rape–Suicide–Dying declaration–There are several inconsistencies and contradictions–Eye-witnesses examined by the prosecution i.e. PWs 13 and 15 who happen to be the brother and the friend of the deceased did not support the prosecution version and resiled from their statement made during investigation–Acquittal upheld

Apr 14, 2019 sclaw

    2009(1) LAW HERALD (SC) 629 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 352…

Arbitration

Arbitrator–Appointment of –Former Chief Justice of India resigned as arbitrator stating that issues involved in arbitration were similar to issues involved in earlier award passed by him–New arbitration a retired Judge of High Court appointed as arbitrator–Petitioner alleged that since former CJI was appointed to arbitrate, this time also former CJI ought to have been appointed–Objection of petitioner cannot be sustained.

Apr 14, 2019 sclaw

2009(1) LAW HERALD (SC) 626 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee Arbitration Petition No. 7 of 2006 Balli Petrochemicals Limited. v. National Aluminium…

Labour Cases

High Court was not justified in passing orders from time to time to secure presence of the officers. The officers of the State discharge public functions and duties. The orders are generally presumed to be passed in good faith unless proved otherwise. The officers pass orders as a custodian of public money. Therefore, merely because an order has been passed, it does not warrant their personal presence. The summoning of officers to the court to attend proceedings, impinges upon the functioning of the officers and eventually it is the public at large who suffer on account of their absence from the duties assigned to them. The practice of summoning officers to court is not proper and does not serve the purpose of administration of justice

Apr 14, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHRI N.K. JANU, DEPUTY DIRECTOR SOCIAL FORESTARY DIVISION, AGRA AND OTHERS — Appellant Vs. LAKSHMI CHANDRA — Respondent ( Before : Sanjay Kishan Kaul…

Dowry Death

Trial court, committed a patent error in discarding the dying declaration and the other material evidence, discussed hereinabove. Therefore, the interference by the High Court in the appeal against the acquittal of the appellant and recording the finding of his conviction for the offence under Section 302 of the IPC, on consideration of the evidence, is justified.

Apr 14, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VIJAY MOHAN SINGH — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : L. Nageswara Rao and M.R. Shah, JJ. ) Criminal Appeal…

You missed

SC/ST

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(xi) — Conviction and Requirement of Caste-Based Intention — High Court’s finding that the offence was committed “simply for reason that the complainant was belonging to scheduled caste” held perverse — No statement in court by the victim or PW-2 suggesting that the accused were motivated by the victim’s caste — Finding based on mere observation without evidence is unsustainable. (Para 20)

Dec 9, 2025 sclaw
Bharatiya Nyaya Sanhita

Bharatiya Nyaya Sanhita, 2023 — Sections 316(4), 344, 61 (2) — Bail — Appeal against grant of bail — Distinguished from cancellation of bail — An appeal against the grant of bail is not on the same footing as an application for cancellation of bail — Superior Court interference in bail grant requires grounds such as perversity, illegality, inconsistency with law, or non-consideration of relevant factors including gravity of the offense and societal impact — The Court must not conduct a threadbare analysis of evidence at the bail stage, but the order must reflect application of mind and assessment of relevant factors — Conduct of the accused subsequent to the grant of bail is not a ground for appeal against grant of bail, but for cancellation. (Paras 7, 8)

Dec 9, 2025 sclaw
I P C

Penal Code, 18602 (IPC) — Sections 302 and 460 — Appreciation of Evidence — Prior Enmity and Delayed Disclosure of Accused’s Name — Where the star eyewitness (PW-2), the wife of the deceased, provided a detailed account of the assault to the informant (PW-1) immediately after the incident, but failed to name the accused in the First Information Report (FIR), this omission is fatal to the prosecution case, especially when there existed a palpable prior enmity between the witness’s family and the accused (who was the brother of the deceased’s second wife). (Paras 28, 31, 40, 41, 45)

Dec 9, 2025 sclaw
SC/ST

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) — Section 3(1)(s) — Essential ingredient — Requirement of caste-based abuse occurring “in any place within public view” — Interpretation — For an offence under Section 3(1)(s) to be made out, the place where the utterance is made must be open, enabling the public to witness or hear the abuse — Abuse uttered within the four corners of a house, where public members are not present, does not satisfy the requirement of being “within public view” — Allegation that casteist abuses were hurled inside the complainant’s residence does not meet the statutory requirement — House of the complainant cannot be considered “within public view.” (Paras 9, 10, 11, 13)

Dec 9, 2025 sclaw