Supreme Court of India Judgements

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Criminal Law — Murder and Conspiracy — Appreciation of Evidence — Supreme Court’s Role in Appeals Against Acquittal — The Supreme Court reiterated that its role in an appeal against an acquittal is to examine whether the High Court committed an error in disturbing the Trial Court’s findings, especially when two competent courts have reached opposite conclusions on the same evidence — The Court must re-appreciate the evidence to deliver a final finding. [Uttar Pradesh Higher Education Services Commission Act, 1980, S. 13(4)] – [A waitlisted candidate cannot claim appointment to an alternative post after failing to join the initially recommended post, particularly after the repeal of the Old Act.] A. Uttar Pradesh Higher Education Services Commission Act, 1980 (Old Act) vs. Uttar Pradesh Education Service Selection Commission Act, 2023 (New Act) — Comparative Analysis — Held, the New Act does not prescribe a power to the Director akin to Section 13(4) of the Old Act — After the commencement of the New Act, the validity of the list/panel under the Old Act lapses, and authorities are bound to follow the procedure under Sections 10 and 11 of the New Act. Criminal Procedure Code, 1973 (CrPC) — Sections 439 and 483 BNSS — Bail Jurisdiction — Power to issue directions — High Court, while exercising bail jurisdiction, cannot issue directions that extend beyond the scope of the bail application and impinge upon the statutory powers of other authorities or create new systems for accountability, as this would amount to an error of jurisdiction. [MPID Act, S. 2(c) & 2(d)] – Amounts advanced with promise of return and interest qualify as “deposit” accepted by “financial establishment” under the Act. – Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 Section 2(c) and Section 2(d) — Deposit and Financial Establishment — Amounts advanced to individuals with promise of repayment with interest constitute a “deposit” under Section 2(c) and the recipients are “financial establishments” under Section 2(d) of the MPID Act, irrespective of the transaction being termed as a “loan” — The nomenclature of the transaction is not determinative; the essential attributes of the transaction are key. Criminal Procedure Code, 1973 (CrPC) — Section 432 — Constitution of India, 1950 — Article 72 & 161— Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 473 & 477 — Premature release of a prisoner — Rejection of recommendation — Non-speaking order — Order rejecting premature release must provide reasons and reflect due application of mind — Absence of reasons renders the order bald and impossible to ascertain if relevant factors were considered — Violates principles of natural justice and frustrates judicial review.
Constitution I P C

Criminal Law — Murder and Conspiracy — Appreciation of Evidence — Supreme Court’s Role in Appeals Against Acquittal — The Supreme Court reiterated that its role in an appeal against an acquittal is to examine whether the High Court committed an error in disturbing the Trial Court’s findings, especially when two competent courts have reached opposite conclusions on the same evidence — The Court must re-appreciate the evidence to deliver a final finding.

May 21, 2026 sclaw
Service

[Uttar Pradesh Higher Education Services Commission Act, 1980, S. 13(4)] – [A waitlisted candidate cannot claim appointment to an alternative post after failing to join the initially recommended post, particularly after the repeal of the Old Act.] A. Uttar Pradesh Higher Education Services Commission Act, 1980 (Old Act) vs. Uttar Pradesh Education Service Selection Commission Act, 2023 (New Act) — Comparative Analysis — Held, the New Act does not prescribe a power to the Director akin to Section 13(4) of the Old Act — After the commencement of the New Act, the validity of the list/panel under the Old Act lapses, and authorities are bound to follow the procedure under Sections 10 and 11 of the New Act.

May 21, 2026 sclaw
Criminal Law — Murder and Conspiracy — Appreciation of Evidence — Supreme Court’s Role in Appeals Against Acquittal — The Supreme Court reiterated that its role in an appeal against an acquittal is to examine whether the High Court committed an error in disturbing the Trial Court’s findings, especially when two competent courts have reached opposite conclusions on the same evidence — The Court must re-appreciate the evidence to deliver a final finding.
Constitution I P C
Criminal Law — Murder and Conspiracy — Appreciation of Evidence — Supreme Court’s Role in Appeals Against Acquittal — The Supreme Court reiterated that its role in an appeal against an acquittal is to examine whether the High Court committed an error in disturbing the Trial Court’s findings, especially when two competent courts have reached opposite conclusions on the same evidence — The Court must re-appreciate the evidence to deliver a final finding.
[Uttar Pradesh Higher Education Services Commission Act, 1980, S. 13(4)] – [A waitlisted candidate cannot claim appointment to an alternative post after failing to join the initially recommended post, particularly after the repeal of the Old Act.] A. Uttar Pradesh Higher Education Services Commission Act, 1980 (Old Act) vs. Uttar Pradesh Education Service Selection Commission Act, 2023 (New Act) — Comparative Analysis — Held, the New Act does not prescribe a power to the Director akin to Section 13(4) of the Old Act — After the commencement of the New Act, the validity of the list/panel under the Old Act lapses, and authorities are bound to follow the procedure under Sections 10 and 11 of the New Act.
Service
[Uttar Pradesh Higher Education Services Commission Act, 1980, S. 13(4)] – [A waitlisted candidate cannot claim appointment to an alternative post after failing to join the initially recommended post, particularly after the repeal of the Old Act.] A. Uttar Pradesh Higher Education Services Commission Act, 1980 (Old Act) vs. Uttar Pradesh Education Service Selection Commission Act, 2023 (New Act) — Comparative Analysis — Held, the New Act does not prescribe a power to the Director akin to Section 13(4) of the Old Act — After the commencement of the New Act, the validity of the list/panel under the Old Act lapses, and authorities are bound to follow the procedure under Sections 10 and 11 of the New Act.
Criminal Procedure Code, 1973 (CrPC) — Sections 439 and 483 BNSS — Bail Jurisdiction — Power to issue directions — High Court, while exercising bail jurisdiction, cannot issue directions that extend beyond the scope of the bail application and impinge upon the statutory powers of other authorities or create new systems for accountability, as this would amount to an error of jurisdiction.
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Sections 439 and 483 BNSS — Bail Jurisdiction — Power to issue directions — High Court, while exercising bail jurisdiction, cannot issue directions that extend beyond the scope of the bail application and impinge upon the statutory powers of other authorities or create new systems for accountability, as this would amount to an error of jurisdiction.
[MPID Act, S. 2(c) & 2(d)] – Amounts advanced with promise of return and interest qualify as “deposit” accepted by “financial establishment” under the Act. – Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 Section 2(c) and Section 2(d) — Deposit and Financial Establishment — Amounts advanced to individuals with promise of repayment with interest constitute a “deposit” under Section 2(c) and the recipients are “financial establishments” under Section 2(d) of the MPID Act, irrespective of the transaction being termed as a “loan” — The nomenclature of the transaction is not determinative; the essential attributes of the transaction are key.
State Laws
[MPID Act, S. 2(c) & 2(d)] – Amounts advanced with promise of return and interest qualify as “deposit” accepted by “financial establishment” under the Act. – Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 Section 2(c) and Section 2(d) — Deposit and Financial Establishment — Amounts advanced to individuals with promise of repayment with interest constitute a “deposit” under Section 2(c) and the recipients are “financial establishments” under Section 2(d) of the MPID Act, irrespective of the transaction being termed as a “loan” — The nomenclature of the transaction is not determinative; the essential attributes of the transaction are key.
C P C

Civil Procedure Code, 1908 (CPC) – Order 1 Rule 10 and Order 12 Rule 10 – Transfer of Property Act, 1882 – Section 52- It is well settled law that mere non-mentioning of an incorrect provision is not fatal to the application if the power to pass such an order is available with the court.

Oct 8, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  PRUTHVIRAJSINH NODHUBHA JADEJA (D) BY LRS. — Appellant Vs. JAYESHKUMAR CHHAKADDAS SHAH AND OTHERS — Respondent ( Before : Deepak Gupta and Aniruddha Bose,…

Constitution

Constitution of India, 1950 – Article 142 – Prevention of Food Adulteration Act, 1954 – Section 16(1)(a) – Food adulteration – Minimum sentence – This Court are clearly of the view that the power under Article 142 cannot be exercised against the specific provision of law. Section 16(1)(a) of the Act lays down a minimum sentence of six months.

Oct 8, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  RAJ KUMAR — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Criminal Appeal…

C P C

Commercial Courts Act, 2015 – Section 2(1)(c)(vii) – Civil Procedure Code, 1908 (CPC) – Order 7 Rule 10 – Return of plaint-A dispute relating to immovable property per se may not be a commercial dispute. But it becomes a commercial dispute, if it falls under sub-clause (vii) of Section 2(1)(c) of the Act viz. “the agreements relating to immovable property used exclusively in trade or commerce”. The words “used exclusively in trade or commerce” are to be interpreted purposefully. The word “used” denotes “actually used” and it cannot be either “ready for use” or “likely to be used” or “to be used”. It should be “actually used”. Such a wide interpretation would defeat the objects of the Act and the fast tracking procedure

Oct 8, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  AMBALAL SARABHAI ENTERPRISES LTD. — Appellant Vs. K.S. INFRASPACE LLP AND ANOTHER — Respondent ( Before : A.S. Bopanna and R. Banumathi, JJ. )…

Service Matters
Service

Kerala Abkari Shops Disposal Rules, 2002 – Rules 4(2) and 9(10)(b) – Ban of arrack in State of Kerala – Right of Employment.- It cannot be said that a vested right accrued to all the abkari workers to claim employment in retail outlets in the Corporation. This Court not agree with the submission of the Respondents that a vested right was created by the Government Order dated 20.02.2002 and that it was indefeasible.

Oct 8, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  KERALA STATE BEVERAGES (M AND M) CORPORATION LIMITED — Appellant Vs. P.P. SURESH AND OTHERS — Respondent ( Before : L. Nageswara Rao and…

Service Matters
Service

Appellant cannot be denied payment of pension applicable to the rank of Lt. Colonel (TS) on the ground that he fell short of the reckonable service of 21 years – Appellant retired in the year 1991 and has been made to run from pillar to post to get his rightful pension – It appropriate that apart from his entitlement to the pension applicable to the post of Lt. Colonel (TS), he is also entitled to be compensated for the avoidable litigation to which he was unnecessarily dragged into – Appeal allowed.

Oct 8, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  IC 29547 L BOBBY JOSEPH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta,…

Service Matters
Service

Uttar Pradesh Secondary Education Services Commission Act, 1982. In view of the enquiry report dated 06.05.2009 and the endorsement of the Management in their letters, it is clear that Respondent No.5 had actually worked during 1985 to 1995 and he was eligible for being considered for regularization of his service as LT Grade Teacher. The order of regularization was rightly upheld by the Division Bench – Appeal dismissed.

Oct 8, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  C/M KISAN INTER COLLEGE MANAGER — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : L. Nageswara Rao and…

Matrimonial

V IMP : Inherent Powers Under Article 142 Can Be Invoked To Dissolve Marriage Which Has Broken Down Irretrievably. HELD:” in exercise of powers under Article 142 of the Constitution of India the marriage cannot be dissolved on the ground of irretrievable breakdown of marriage is concerned, the aforesaid has no substance: SC

Oct 6, 2019 sclaw

Inherent Powers Under Article 142 Can Be Invoked To Dissolve Marriage Which Has Broken Down Irretrievably: SC HELD: ” in   exercise   of   powers   under   Article…

You missed

Constitution I P C

Criminal Law — Murder and Conspiracy — Appreciation of Evidence — Supreme Court’s Role in Appeals Against Acquittal — The Supreme Court reiterated that its role in an appeal against an acquittal is to examine whether the High Court committed an error in disturbing the Trial Court’s findings, especially when two competent courts have reached opposite conclusions on the same evidence — The Court must re-appreciate the evidence to deliver a final finding.

May 21, 2026 sclaw
Service

[Uttar Pradesh Higher Education Services Commission Act, 1980, S. 13(4)] – [A waitlisted candidate cannot claim appointment to an alternative post after failing to join the initially recommended post, particularly after the repeal of the Old Act.] A. Uttar Pradesh Higher Education Services Commission Act, 1980 (Old Act) vs. Uttar Pradesh Education Service Selection Commission Act, 2023 (New Act) — Comparative Analysis — Held, the New Act does not prescribe a power to the Director akin to Section 13(4) of the Old Act — After the commencement of the New Act, the validity of the list/panel under the Old Act lapses, and authorities are bound to follow the procedure under Sections 10 and 11 of the New Act.

May 21, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Sections 439 and 483 BNSS — Bail Jurisdiction — Power to issue directions — High Court, while exercising bail jurisdiction, cannot issue directions that extend beyond the scope of the bail application and impinge upon the statutory powers of other authorities or create new systems for accountability, as this would amount to an error of jurisdiction.

May 21, 2026 sclaw
State Laws

[MPID Act, S. 2(c) & 2(d)] – Amounts advanced with promise of return and interest qualify as “deposit” accepted by “financial establishment” under the Act. – Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 Section 2(c) and Section 2(d) — Deposit and Financial Establishment — Amounts advanced to individuals with promise of repayment with interest constitute a “deposit” under Section 2(c) and the recipients are “financial establishments” under Section 2(d) of the MPID Act, irrespective of the transaction being termed as a “loan” — The nomenclature of the transaction is not determinative; the essential attributes of the transaction are key.

May 17, 2026 sclaw