Supreme Court of India Judgements

46970 Judgements hosted as on 10/12/2025 - Search (FREE), Subscribe, Read & Download

Top Tags

Latest Post

Arbitration and Conciliation Act, 1996 — Section 11(4) — Appointment of Arbitrator — Existence of Arbitration Agreement — Non-Signatory/Third Party — The Referral Court (Appointing Authority) is required to inspect and scrutinize the dealings between the parties to prima facie examine the existence of an arbitration agreement, including whether a non-signatory is a “veritable party” to the agreement. (Paras 24, 25, 27, 28, 35) Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of First Information Report (FIR) — Abuse of process of law — When civil dispute is masked as criminal complaint — Allegations in FIR (claiming criminal conspiracy, forcible occupation, and caste abuse) found inconsistent with contemporaneous civil suit filed by the informant regarding the same property and on the same day — Suit’s cause of action traced to earlier dates and did not mention the specific criminal incident alleged in the FIR — Absence of relief to set aside primary sale deeds in the suit suggests the criminal allegations are an afterthought or exaggerated — FIR quashed as a clear abuse of the process of law. (Paras 3, 6, 8, 9, 10) Service Law — Resignation — Forfeiture of past service — Central Civil Service (Pension) Rules, 1972 — Rule 26(1) — Distinction between Resignation and Voluntary Retirement — An employee who resigns from service forfeits past service as per Rule 26(1) of the 1972 Rules, regardless of the length of service completed (20 years or more) — The act of resignation cannot be re-classified as voluntary retirement to claim pensionary benefits, as this would nullify the distinction between the two concepts and render Rule 26 nugatory — Claim for pension correctly denied where the employee resigned from service. (Paras 3, 4, 6, 9, 9.1, 9.5, 9.6, 12) Uttar Pradesh Revenue Code, 2006 — Section 30 — Maintenance of Map and Field Book — Correction of Revenue Map — Scope of Section 30 — Section 30 allows the Collector to record annual changes in boundaries or correct errors or omissions detected in the map or field book (khasra) — It does not permit reopening an issue settled previously between parties regarding the location or extent of plots, especially when the earlier decision attained finality and was based on determined possession and ownership — Efforts to change the location of a purchased plot, which has already been subject to final determination under the predecessor law (Uttar Pradesh Land Revenue Act, 1901), do not fall within the scope of “correction of errors or omissions” under Section 30. (Paras 5.1, 8, 9, 10, 12, 13, 14, 15) 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)
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of First Information Report (FIR) — Abuse of process of law — When civil dispute is masked as criminal complaint — Allegations in FIR (claiming criminal conspiracy, forcible occupation, and caste abuse) found inconsistent with contemporaneous civil suit filed by the informant regarding the same property and on the same day — Suit’s cause of action traced to earlier dates and did not mention the specific criminal incident alleged in the FIR — Absence of relief to set aside primary sale deeds in the suit suggests the criminal allegations are an afterthought or exaggerated — FIR quashed as a clear abuse of the process of law. (Paras 3, 6, 8, 9, 10)

Dec 10, 2025 sclaw
Arbitration and Conciliation Act, 1996 — Section 11(4) — Appointment of Arbitrator — Existence of Arbitration Agreement — Non-Signatory/Third Party — The Referral Court (Appointing Authority) is required to inspect and scrutinize the dealings between the parties to prima facie examine the existence of an arbitration agreement, including whether a non-signatory is a “veritable party” to the agreement. (Paras 24, 25, 27, 28, 35)
Arbitration
Arbitration and Conciliation Act, 1996 — Section 11(4) — Appointment of Arbitrator — Existence of Arbitration Agreement — Non-Signatory/Third Party — The Referral Court (Appointing Authority) is required to inspect and scrutinize the dealings between the parties to prima facie examine the existence of an arbitration agreement, including whether a non-signatory is a “veritable party” to the agreement. (Paras 24, 25, 27, 28, 35)
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of First Information Report (FIR) — Abuse of process of law — When civil dispute is masked as criminal complaint — Allegations in FIR (claiming criminal conspiracy, forcible occupation, and caste abuse) found inconsistent with contemporaneous civil suit filed by the informant regarding the same property and on the same day — Suit’s cause of action traced to earlier dates and did not mention the specific criminal incident alleged in the FIR — Absence of relief to set aside primary sale deeds in the suit suggests the criminal allegations are an afterthought or exaggerated — FIR quashed as a clear abuse of the process of law. (Paras 3, 6, 8, 9, 10)
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of First Information Report (FIR) — Abuse of process of law — When civil dispute is masked as criminal complaint — Allegations in FIR (claiming criminal conspiracy, forcible occupation, and caste abuse) found inconsistent with contemporaneous civil suit filed by the informant regarding the same property and on the same day — Suit’s cause of action traced to earlier dates and did not mention the specific criminal incident alleged in the FIR — Absence of relief to set aside primary sale deeds in the suit suggests the criminal allegations are an afterthought or exaggerated — FIR quashed as a clear abuse of the process of law. (Paras 3, 6, 8, 9, 10)
Service Law — Resignation — Forfeiture of past service — Central Civil Service (Pension) Rules, 1972 — Rule 26(1) — Distinction between Resignation and Voluntary Retirement — An employee who resigns from service forfeits past service as per Rule 26(1) of the 1972 Rules, regardless of the length of service completed (20 years or more) — The act of resignation cannot be re-classified as voluntary retirement to claim pensionary benefits, as this would nullify the distinction between the two concepts and render Rule 26 nugatory — Claim for pension correctly denied where the employee resigned from service. (Paras 3, 4, 6, 9, 9.1, 9.5, 9.6, 12)
Service
Service Law — Resignation — Forfeiture of past service — Central Civil Service (Pension) Rules, 1972 — Rule 26(1) — Distinction between Resignation and Voluntary Retirement — An employee who resigns from service forfeits past service as per Rule 26(1) of the 1972 Rules, regardless of the length of service completed (20 years or more) — The act of resignation cannot be re-classified as voluntary retirement to claim pensionary benefits, as this would nullify the distinction between the two concepts and render Rule 26 nugatory — Claim for pension correctly denied where the employee resigned from service. (Paras 3, 4, 6, 9, 9.1, 9.5, 9.6, 12)
Uttar Pradesh Revenue Code, 2006 — Section 30 — Maintenance of Map and Field Book — Correction of Revenue Map — Scope of Section 30 — Section 30 allows the Collector to record annual changes in boundaries or correct errors or omissions detected in the map or field book (khasra) — It does not permit reopening an issue settled previously between parties regarding the location or extent of plots, especially when the earlier decision attained finality and was based on determined possession and ownership — Efforts to change the location of a purchased plot, which has already been subject to final determination under the predecessor law (Uttar Pradesh Land Revenue Act, 1901), do not fall within the scope of “correction of errors or omissions” under Section 30. (Paras 5.1, 8, 9, 10, 12, 13, 14, 15)
State Laws
Uttar Pradesh Revenue Code, 2006 — Section 30 — Maintenance of Map and Field Book — Correction of Revenue Map — Scope of Section 30 — Section 30 allows the Collector to record annual changes in boundaries or correct errors or omissions detected in the map or field book (khasra) — It does not permit reopening an issue settled previously between parties regarding the location or extent of plots, especially when the earlier decision attained finality and was based on determined possession and ownership — Efforts to change the location of a purchased plot, which has already been subject to final determination under the predecessor law (Uttar Pradesh Land Revenue Act, 1901), do not fall within the scope of “correction of errors or omissions” under Section 30. (Paras 5.1, 8, 9, 10, 12, 13, 14, 15)
I B C

Insolvency and Bankruptcy Code, 2016 (IBC) — Section 14 — Moratorium — Applicability to terminated Development Agreements — Development Agreement constitutes ‘asset’ or ‘property’ of Corporate Debtor only if it creates subsisting proprietary, possessory or legally enforceable right — Termination of Development Agreement based on Corporate Debtor’s persistent and prolonged non-performance, occurring prior to initiation of Corporate Insolvency Resolution Process (CIRP), is valid and lawful — Moratorium under Section 14 does not revive contracts validly terminated before insolvency or protect mere inchoate or forfeited contractual rights — Where developer never obtained possession and failed to perform core obligations, its development rights do not constitute ‘assets’ or ‘property’ of the Corporate Debtor, and the moratorium does not apply. (Paras 15.5, 15.6, 16.4, 16.7, 16.12, 20, 21(i), 21(ii))

Nov 30, 2025 sclaw

2025 INSC 1366 SUPREME COURT OF INDIA DIVISION BENCH A A ESTATES PRIVATE LIMITED THROUGH ITS RESOLUTION PROFESSIONAL HARSHAD SHAMKANT DESHPANDE AND ANOTHER Vs. KHER NAGAR SUKHSADAN CO-OPERATIVE HOUSING SOCIETY…

Arbitration

Arbitration and Conciliation Act, 1996 — Section 11(6) — Appointment of Arbitrator — Power of High Court to Review/Recall – Scope of Judicial Intervention — An order passed under Section 11 appointing an arbitrator is judicial in nature, but the High Court’s review jurisdiction over such an order is highly circumscribed and must be limited to correcting a patent or procedural error; it cannot be exercised to revisit findings of law or re-interpret the arbitration agreement based on a subsequent judgment. (Paras 11.7, 11.12, 11.15)

Nov 30, 2025 sclaw

2025 INSC 1365 SUPREME COURT OF INDIA DIVISION BENCH HINDUSTAN CONSTRUCTION COMPANY LTD. THROUGH ITS AUTHORISED SIGNATORY YOGESH DALAL Vs. BIHAR RAJYA PUL NIRMAN NIGAM LIMITED AND OTHERS ( Before…

C P C

Civil Procedure Code, 1908 — Order 38 Rule 5, Rule 8, Rule 10 — Order 21 Rule 58 — Transfer of Property Act, 1882 — Section 53 — Attachment before judgment — Scope of — Effect on prior transfer — Property already transferred by registered sale deed prior to institution of suit cannot be subject to attachment before judgment under Order 38 Rule 5 CPC — Essential condition for Order 38 Rule 5 is that property must belong to defendant on date of institution of suit — Attachment before judgment is a protective measure and does not create any charge or proprietary interest in favour of plaintiff (Rule 10). (Paras 10.1.1, 11.1, 11.3, 12, 14, 17, 18, 20)

Nov 30, 2025 sclaw

2025 INSC 1364 SUPREME COURT OF INDIA DIVISION BENCH L.K. PRABHU @ L. KRISHNA PRABHU (DIED) THROUGH LRS Vs. K.T. MATHEW @ THAMPAN THOMAS AND OTHERS ( Before : B.V.…

Constitution I B C

Constitution of India, 1950 — Article 32 — Writ Petition (Criminal) — Seeking registration of FIR and investigation into attempt to influence judicial outcome — Relief for criminal investigation based on disclosure in a judicial order of NCLAT, Chennai Bench — Issues raised are of vital public importance but deemed capable of administrative resolution by Chief Justice of India — Writ Petition treated as a representation to bring material information for consideration of Hon’ble Chief Justice of India, allowing law to take its course — Petition disposed of on administrative treatment of investigation request.

Nov 23, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S A.S. MET CORP PRIVATE LIMITED Vs. THE REGISTRAR AND OTHERS ( Before : Surya Kant and Joymalya Bagchi, JJ. ) Writ Petition(s)(Criminal) No(s).440/2025…

C P C

Civil Procedure Code, 1908 — Order XXI Rule 58 — Execution First Appeal — Partition Suit — Preliminary decree for partition — Inter se bidding — Joint owners (siblings) of property in equal shares (1/3rd each) — Property incapable of physical partition — Disposal of property via inter se bidding — Challenge to High Court order disposing of Execution Appeal on ground of offer matching — Where an offer of Rs.6.25 crores was made by the Appellant (Petitioner) and matched by the Respondents (2/3rd owners), the High Court directed Respondents to pay Appellant’s share after adjusting previous deposit — Supreme Court modified the approach, requiring the Petitioner to deposit 2/3rd of the bid (Rs.4.16 Crores) with Registry to demonstrate genuineness, pending further resolution. (Paras 1, 3, 4, 5, 6 of Order dated 25.9.2025;

Nov 23, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DINESH KUMAR SACHDEVA Vs. ROHIT SACHDEVA AND ANOTHER ( Before : J.B. Pardiwala and K.V. Viswanathan, JJ. ) Petition for Special Leave to Appeal…

Evidence Act

Evidence — Video Conference Deposition — Procedure for Confronting Witness — The Supreme Court clarified and directed that in cases where a witness’s statement is recorded via video conferencing and a previous written statement is to be used for confrontation, a copy of the statement must be transmitted electronically to the witness, and the procedure under Sections 147 and 148 of the Bharatiya Sakshya Adhiniyam (or corresponding sections of the Evidence Act) must be followed to ensure fairness and integrity of the trial. Such directions are issued to avoid procedural irregularities and uphold the principles of fair trial, effective cross-examination, and proper appreciation of evidence.

Nov 23, 2025 sclaw

2025 INSC 1322 SUPREME COURT OF INDIA DIVISION BENCH RAJ KUMAR @ BHEEMA Vs. STATE OF NCT OF DELHI ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Criminal…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 [BNSS Section 528] — Quashing of FIR — Abuse of process — Factual matrix for all offences arose from a single transaction — Compromise accepted as genuine for some offences should equally dilute the foundation of other charges based on the same allegations — Continued prosecution for dacoity after settlement for other offences held unjustified and quashed.

Nov 23, 2025 sclaw

2025 INSC 1323 SUPREME COURT OF INDIA DIVISION BENCH PRASHANT PRAKASH RATNAPARKI AND OTHERS Vs. THE STATE OF MAHARASHTRA AND ANOTHER ( Before : Vikram Nath and Sandeep Mehta, JJ.…

Environment

Wildlife (Protection) Act, 1972 — Section 38-V(4)(ii) and proviso to Section 33(a) — Tiger Safaris — prohibition in core or critical tiger habitat areas — permitted only on non-forest land or degraded forest land within the buffer, ensuring it is not part of a tiger corridor — establishment must be in conjunction with a fully operational rescue and rehabilitation centre for tigers.

Nov 23, 2025 sclaw

2025 INSC 1325 SUPREME COURT OF INDIA FULL BENCH IN RE : CORBETT ( Before : B.R.Gavai, CJI, Augustine George Masih and A.S.Chandurkar, JJ. ) I.A. No. 20650 of 2023…

Arbitration

Arbitration and Conciliation Act, 1996 — Execution of Arbitral Award — Letters Patent Appeal (LPA) — Maintainability — Code of Civil Procedure (CPC), 1908 — Order 21 Rule 22 — Execution proceedings against legal representatives — The Act is a self-contained code restricting judicial interference — An order passed by a Single Judge in the course of executing an arbitral award is traceable to the Act, not the CPC; therefore, a Letters Patent Appeal against such an order is not maintainable — Where execution is sought against entities/persons arrayed as executors/legal representatives of the deceased judgment debtor, they step into the shoes of the judgment debtor for limited execution purposes and cannot be treated as third parties to the arbitral award for the purpose of challenging maintainability of the appeal under the Act.

Nov 23, 2025 sclaw

2025 INSC 1334 SUPREME COURT OF INDIA DIVISION BENCH BHARAT KANTILAL DALAL (DEAD) THROUGH LR. Vs. CHETAN SURENDRA DALAL AND OTHERS ( Before : Sanjay Kumar and Alok Aradhe, JJ.…

SARFAESI

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) — Priority of Debts — Section 26E — When two enactments contain non-obstante clauses, the provision incorporated later in time prevails; however, if one enactment creates a statutory ‘first charge’, that charge prevails over the general ‘priority’ conferred by the later non-obstante clause — SARFAESI Act, Section 26E, conferring priority to secured creditors’ debts registered with the Central Registry, does not override the statutory ‘first charge’ created for Provident Fund dues under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.

Nov 23, 2025 sclaw

2025 INSC 1335 SUPREME COURT OF INDIA DIVISION BENCH JALGAON DISTRICT CENTRAL COOP. BANK LTD. Vs. STATE OF MAHARASHTRA AND OTHERS ( Before : B. R. Gavai, CJI. and K.…

You missed

Arbitration

Arbitration and Conciliation Act, 1996 — Section 11(4) — Appointment of Arbitrator — Existence of Arbitration Agreement — Non-Signatory/Third Party — The Referral Court (Appointing Authority) is required to inspect and scrutinize the dealings between the parties to prima facie examine the existence of an arbitration agreement, including whether a non-signatory is a “veritable party” to the agreement. (Paras 24, 25, 27, 28, 35)

Dec 10, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of First Information Report (FIR) — Abuse of process of law — When civil dispute is masked as criminal complaint — Allegations in FIR (claiming criminal conspiracy, forcible occupation, and caste abuse) found inconsistent with contemporaneous civil suit filed by the informant regarding the same property and on the same day — Suit’s cause of action traced to earlier dates and did not mention the specific criminal incident alleged in the FIR — Absence of relief to set aside primary sale deeds in the suit suggests the criminal allegations are an afterthought or exaggerated — FIR quashed as a clear abuse of the process of law. (Paras 3, 6, 8, 9, 10)

Dec 10, 2025 sclaw
Service

Service Law — Resignation — Forfeiture of past service — Central Civil Service (Pension) Rules, 1972 — Rule 26(1) — Distinction between Resignation and Voluntary Retirement — An employee who resigns from service forfeits past service as per Rule 26(1) of the 1972 Rules, regardless of the length of service completed (20 years or more) — The act of resignation cannot be re-classified as voluntary retirement to claim pensionary benefits, as this would nullify the distinction between the two concepts and render Rule 26 nugatory — Claim for pension correctly denied where the employee resigned from service. (Paras 3, 4, 6, 9, 9.1, 9.5, 9.6, 12)

Dec 10, 2025 sclaw
State Laws

Uttar Pradesh Revenue Code, 2006 — Section 30 — Maintenance of Map and Field Book — Correction of Revenue Map — Scope of Section 30 — Section 30 allows the Collector to record annual changes in boundaries or correct errors or omissions detected in the map or field book (khasra) — It does not permit reopening an issue settled previously between parties regarding the location or extent of plots, especially when the earlier decision attained finality and was based on determined possession and ownership — Efforts to change the location of a purchased plot, which has already been subject to final determination under the predecessor law (Uttar Pradesh Land Revenue Act, 1901), do not fall within the scope of “correction of errors or omissions” under Section 30. (Paras 5.1, 8, 9, 10, 12, 13, 14, 15)

Dec 10, 2025 sclaw