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Passports Act, 1967 — Sections 5, 6(2)(f), 7, 8, 9, 10, and 22 — Refusal to issue or re-issue a passport due to pending criminal proceedings — Exemption under Section 22 via Notification GSR 570(E) dated 25.08.1993 — Section 6(2)(f) bars issuance if criminal proceedings are pending, but this is subject to “other provisions of this Act,” including Section 22 — GSR 570(E) exempts persons facing criminal proceedings if they obtain permission from the concerned criminal court — This exemption is structured, tying validity and use to the court’s order; it permits issuing a passport where the criminal court allows renewal and retains judicial supervision over foreign travel. (Paras 7.2, 7.6, 7.8, 8, 9, 10, 12, 15, 25) Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2 Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15) Employees’ State Insurance Act, 1948 — Section 45A — Determination of contributions in certain cases — Preconditions for invoking Section 45A — Section 45A is a special provision for best-judgment assessment applicable only when an employer fails to submit, furnish, or maintain returns, particulars, registers, or records as required by Section 44, OR obstructs an Inspector or official in discharging duties under Section 45 — It is not an alternative mode of assessment available at the option of the Corporation — When records (ledgers, cash books, vouchers, etc.) are produced and the employer cooperates by attending multiple personal hearings, the mere allegation of inadequacy or deficiency of supporting documents does not satisfy the statutory threshold of “non-production” or “obstruction” to invoke Section 45A — Mere inadequacy of records does not confer jurisdiction under Section 45A. (Paras 14.6, 14.7, 24, 25, 27, 30) Tender and Contract — Eligibility Criteria — Interpretation of “prime contractor” and “in the same name and style” — Requirement of work experience — Where an NIT’s pre-qualification document requires “each prime contractor in the same name and style (tenderer)” to have completed previous work, and the term “prime contractor” is undefined, its meaning must be derived from common parlance as the tenderer primarily responsible for the contract offer; however, the requirement must be construed from the standpoint of a prudent businessman, considering the credentials and capacity to execute the work, not merely the name. (Paras 17, 20, 21.3)
Constitution

Passports Act, 1967 — Sections 5, 6(2)(f), 7, 8, 9, 10, and 22 — Refusal to issue or re-issue a passport due to pending criminal proceedings — Exemption under Section 22 via Notification GSR 570(E) dated 25.08.1993 — Section 6(2)(f) bars issuance if criminal proceedings are pending, but this is subject to “other provisions of this Act,” including Section 22 — GSR 570(E) exempts persons facing criminal proceedings if they obtain permission from the concerned criminal court — This exemption is structured, tying validity and use to the court’s order; it permits issuing a passport where the criminal court allows renewal and retains judicial supervision over foreign travel. (Paras 7.2, 7.6, 7.8, 8, 9, 10, 12, 15, 25)

Dec 30, 2025 sclaw
Service

Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2

Dec 19, 2025 sclaw
Passports Act, 1967 — Sections 5, 6(2)(f), 7, 8, 9, 10, and 22 — Refusal to issue or re-issue a passport due to pending criminal proceedings — Exemption under Section 22 via Notification GSR 570(E) dated 25.08.1993 — Section 6(2)(f) bars issuance if criminal proceedings are pending, but this is subject to “other provisions of this Act,” including Section 22 — GSR 570(E) exempts persons facing criminal proceedings if they obtain permission from the concerned criminal court — This exemption is structured, tying validity and use to the court’s order; it permits issuing a passport where the criminal court allows renewal and retains judicial supervision over foreign travel. (Paras 7.2, 7.6, 7.8, 8, 9, 10, 12, 15, 25)
Constitution
Passports Act, 1967 — Sections 5, 6(2)(f), 7, 8, 9, 10, and 22 — Refusal to issue or re-issue a passport due to pending criminal proceedings — Exemption under Section 22 via Notification GSR 570(E) dated 25.08.1993 — Section 6(2)(f) bars issuance if criminal proceedings are pending, but this is subject to “other provisions of this Act,” including Section 22 — GSR 570(E) exempts persons facing criminal proceedings if they obtain permission from the concerned criminal court — This exemption is structured, tying validity and use to the court’s order; it permits issuing a passport where the criminal court allows renewal and retains judicial supervision over foreign travel. (Paras 7.2, 7.6, 7.8, 8, 9, 10, 12, 15, 25)
Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2
Service
Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2
Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15)
Acquittal I P C
Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15)
Employees’ State Insurance Act, 1948 — Section 45A — Determination of contributions in certain cases — Preconditions for invoking Section 45A — Section 45A is a special provision for best-judgment assessment applicable only when an employer fails to submit, furnish, or maintain returns, particulars, registers, or records as required by Section 44, OR obstructs an Inspector or official in discharging duties under Section 45 — It is not an alternative mode of assessment available at the option of the Corporation — When records (ledgers, cash books, vouchers, etc.) are produced and the employer cooperates by attending multiple personal hearings, the mere allegation of inadequacy or deficiency of supporting documents does not satisfy the statutory threshold of “non-production” or “obstruction” to invoke Section 45A — Mere inadequacy of records does not confer jurisdiction under Section 45A. (Paras 14.6, 14.7, 24, 25, 27, 30)
Constitution
Employees’ State Insurance Act, 1948 — Section 45A — Determination of contributions in certain cases — Preconditions for invoking Section 45A — Section 45A is a special provision for best-judgment assessment applicable only when an employer fails to submit, furnish, or maintain returns, particulars, registers, or records as required by Section 44, OR obstructs an Inspector or official in discharging duties under Section 45 — It is not an alternative mode of assessment available at the option of the Corporation — When records (ledgers, cash books, vouchers, etc.) are produced and the employer cooperates by attending multiple personal hearings, the mere allegation of inadequacy or deficiency of supporting documents does not satisfy the statutory threshold of “non-production” or “obstruction” to invoke Section 45A — Mere inadequacy of records does not confer jurisdiction under Section 45A. (Paras 14.6, 14.7, 24, 25, 27, 30)
Corruption

Prevention of Corruption Act, 1988 (PC Act) — Section 18A — PC Act read with Criminal Law Amendment Ordinance, 1944 — Code of Criminal Procedure, 1973 (CrPC) — Section 102 — Seizure vs. Attachment/Confiscation of Property — Whether power of police officer to freeze accounts under Section 102 CrPC is co-existent or mutually exclusive with the machinery for attachment under Section 18A PC Act — Held, the powers are separate, distinct, and co-existent, not mutually exclusive. (Paras 2, 8, 11)

Dec 13, 2025 sclaw

2025 INSC 1413 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF WEST BENGAL Vs. ANIL KUMAR DEY ( Before : Sanjay Karol and Prashant Kumar Mishra, JJ. ) Criminal…

Cr P C

Criminal Procedure Code (CrPC), 1973 — Section 436-A — Applicability — Undertrial detention exceeding half of maximum sentence — Section 436-A mandates release of undertrial prisoners who have undergone detention extending up to one-half of maximum period of imprisonment specified for the offence, unless further detention is ordered with reasons — Exception: This provision is explicitly inapplicable to offences for which the punishment of death has been specified as one of the possible punishments under that law. (Paras 7, 9.2, 11)

Dec 12, 2025 sclaw

2025 INSC 1418 SUPREME COURT OF INDA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION Vs. DAYAMOY MAHATO ETC. ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ. ) Criminal Appeal…

Narcotics

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 8(c) read with 20(b)(ii)(C) and 29(1) — Conviction for possession of commercial quantity of ganja (23.500 kg) and conspiracy — Appeal against concurrent findings of lower courts — Absence of independent witnesses — Failure to secure independent witnesses is not fatal to the prosecution case, especially under the NDPS Act, if the testimonies of official witnesses are consistent, coherent, and credible, and no material doubt is raised in cross-examination. (Paras 12, 18, 20, 21, 22)

Dec 12, 2025 sclaw

2025 INSC 1417 SUPREME COURT OF INDIA DIVISION BENCH JOTHI @ NAGAJOTHI Vs. THE STATE, REP. BY THE INSPECTOR OF POLICE ( Before : Sanjay Karol and Vipul M. Pancholi,…

Service Matters
General Insurance Service

Insurance Scheme — PMGKY Package — Requisition of Services of Private Doctors — The invocation of special laws (Epidemic Diseases Act, 1897) and implementing regulations (Maharashtra COVID-19 Regulations, 2020), coupled with executive actions such as the NMMC notice directing private dispensaries to remain open under threat of penal action (IPC S. 188), constitutes a “requisition” of services for doctors and health professionals under the scheme requirements — A narrow interpretation of “requisition” requiring specific individual appointment letters is rejected due to the compelling, emergent circumstances of the pandemic. (Paras 23-26, 30(a))

Dec 12, 2025 sclaw

2025 INSC 1420 SUPREME COURT OF INDIA DIVISION BENCH PRADEEP ARORA AND OTHERS Vs. DIRECTOR, HEALTH DEPARTMENT, GOVT. OF MAHARASHTRA AND OTHERS ( Before : Pamidighantam Sri Narasimha and R.…

Property Matters Rent

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 — Scope and Applicability — Overriding Effect over State Rent Control Legislations — Whether PP Act 1971 prevails over State Rent Control Acts (such as Maharashtra Rent Control Act, 1999 or Delhi Rent Control Act, 1958) regarding eviction from ‘Public Premises’ defined under Section 2(e) — Both PP Act 1971 and State Rent Control Acts are special laws; conflict resolved by legislative purpose and policy, which dictates that PP Act 1971 must prevail — A person in unauthorised occupation of public premises cannot invoke the protection of the Rent Control Act. (Paras 2, 5.6.3, 5.7.1, 5.8.2, 13(i), 13(ii), 13(iv))

Dec 12, 2025 sclaw

2025 INSC 1419 SUPREME COURT OF INDIA FULL BENCH LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. VITA ( Before : Vikram Nath, Sandeep Mehta and N.V. Anjaria, JJ. )…

Direct Taxation Income Tax Act

Income Tax Act, 1961 — Section 36(1)(viii) — Interpretation of “derived from” vs. “attributable to” — The phrase “derived from” connotes a requirement of a direct, first-degree nexus between the income and the specified business activity (providing long-term finance) — It is judicially settled that “derived from” is narrower than “attributable to,” thus excluding ancillary, incidental, or second-degree sources of income — If income is even a “step removed” from the core business, the nexus is broken (Paras 14, 15, 20, 33).

Dec 11, 2025 sclaw

2025 INSC 1414 SUPREME COURT OF INDIA DIVISION BENCH NATIONAL CO-OPERATIVE DEVELOPMENT CORPORATION Vs. ASSISTANT COMMISSIONER OF INCOME TAX ( Before : Pamidighantam Sri Narasimha and Atul S. Chandurkar, JJ.…

Sexual Harassment of Women at Workplace

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) — Section 11 — Internal Complaints Committee (ICC) — Jurisdiction against employee of different department — The ICC constituted at the workplace/department of the “aggrieved woman” has jurisdiction to entertain and inquire into a complaint of sexual harassment against a “respondent” who is an employee of a different department/workplace — The phrase “where the respondent is an employee” in Section 11 refers to a procedural condition (directing the ICC to apply the service rules applicable to the respondent as an employee) rather than a jurisdictional constraint limiting a particular ICC to hear the complaint. (Paras 2, 25, 27, 36-46, 72(i))

Dec 11, 2025 sclaw

2025 INSC 1415 SUPREME COURT OF INDIA DIVISION BENCH DR. SOHAIL MALIK Vs. UNION OF INDIA AND ANOTHER ( Before : J.K. Maheshwari andvijay Bishnoi, JJ. ) Civil Appeal No.…

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

2025 INSC 1401 SUPREME COURT OF INDIA DIVISION BENCH HINDUSTAN PETROLEUM CORPORATION LTD. Vs. BCL SECURE PREMISES PVT. LTD. ( Before : J.B. Pardiwala and K. V. Viswanathan, JJ. )…

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

2025 INSC 1402 SUPREME COURT OF INDIA DIVISION BENCH AMAL KUMAR AND OTHERS Vs. THE STATE OF JHARKHAND AND ANOTHER ( Before : Ahsanuddin Amanullah and K. Vinod Chandran, JJ.…

Service Matters
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

2025 INSC 1404 SUPREME COURT OF INDIA DIVISION BENCH ASHOK KUMAR DABAS (DEAD THROUGH LEGAL HEIRS) Vs. DELHI TRANSPORT CORPORATION ( Before : Rajesh Bindal and Manmohan, JJ. ) Civil…

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Constitution

Passports Act, 1967 — Sections 5, 6(2)(f), 7, 8, 9, 10, and 22 — Refusal to issue or re-issue a passport due to pending criminal proceedings — Exemption under Section 22 via Notification GSR 570(E) dated 25.08.1993 — Section 6(2)(f) bars issuance if criminal proceedings are pending, but this is subject to “other provisions of this Act,” including Section 22 — GSR 570(E) exempts persons facing criminal proceedings if they obtain permission from the concerned criminal court — This exemption is structured, tying validity and use to the court’s order; it permits issuing a passport where the criminal court allows renewal and retains judicial supervision over foreign travel. (Paras 7.2, 7.6, 7.8, 8, 9, 10, 12, 15, 25)

Dec 30, 2025 sclaw
Service

Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2

Dec 19, 2025 sclaw
Acquittal I P C

Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15)

Dec 19, 2025 sclaw
Constitution

Employees’ State Insurance Act, 1948 — Section 45A — Determination of contributions in certain cases — Preconditions for invoking Section 45A — Section 45A is a special provision for best-judgment assessment applicable only when an employer fails to submit, furnish, or maintain returns, particulars, registers, or records as required by Section 44, OR obstructs an Inspector or official in discharging duties under Section 45 — It is not an alternative mode of assessment available at the option of the Corporation — When records (ledgers, cash books, vouchers, etc.) are produced and the employer cooperates by attending multiple personal hearings, the mere allegation of inadequacy or deficiency of supporting documents does not satisfy the statutory threshold of “non-production” or “obstruction” to invoke Section 45A — Mere inadequacy of records does not confer jurisdiction under Section 45A. (Paras 14.6, 14.7, 24, 25, 27, 30)

Dec 19, 2025 sclaw