Supreme Court of India Judgements

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Criminal Procedure Code, 1973 (CrPC) — Section 223(d) — Persons accused of different offences committed in the course of the same transaction may be charged and tried together — Legislative intent is to prevent multiplicity of proceedings, avoid conflicting judgments, and promote judicial economy while ensuring fairness — Segregation without legally recognized grounds like distinct facts, severable evidence, or demonstrated prejudice, is impermissible. Penal Code, 1860 (IPC) — Sections 420, 463, 465, 467, 468, 471, 474 read with Section 34 — Offences relating to cheating and forgery — Anticipatory bail — Rejection challenged — Appellants, public servants at the time, accused of certifying mutation entries based on forged documents — High Court rejected anticipatory bail — Supreme Court affirmed the High Court’s decision Waqf Act, 1995 (as amended) — Challenge to constitutional validity of amendments — Petitioners contended that amendments are ultra vires the Constitution, violating fundamental rights including Articles 14, 15, 19, 21, 25, 26, 29, 30 and 300A. Respondents argued for legislative competence and presumption of validity of enactments. Court emphasized that statutes should only be declared unconstitutional if there is a clear, glaring, and undeniable violation of constitutional principles or fundamental rights, or if manifestly arbitrary, and that courts must strive to uphold legislative validity. Consumer Protection Act, 1986 — Section 25 — Enforcement of orders — Pre-2002 amendment and post-2019 Act, all orders could be enforced as decrees. The period between 15.03.2003 to 20.07.2020 saw an anomaly where only interim orders (and monetary recovery) were clearly enforceable under Section 25, leaving final non-monetary orders in a gap. Interpretation of Statutes — Casus omissus — Court can fill gaps in legislation using interpretative tools like purposive construction when literal interpretation leads to absurdity or defeats the object of the Act, especially for remedial legislation like the Consumer Act. Constitution of India, 1950 — Article 14, 39(d) and 43 — Equal pay for equal work — Contractual Assistant Professors performing identical duties as regularly appointed or ad-hoc Assistant Professors are entitled to the minimum pay scale of Assistant Professors.
Criminal Procedure Code, 1973 (CrPC) — Section 223(d) — Persons accused of different offences committed in the course of the same transaction may be charged and tried together — Legislative intent is to prevent multiplicity of proceedings, avoid conflicting judgments, and promote judicial economy while ensuring fairness — Segregation without legally recognized grounds like distinct facts, severable evidence, or demonstrated prejudice, is impermissible.
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Section 223(d) — Persons accused of different offences committed in the course of the same transaction may be charged and tried together — Legislative intent is to prevent multiplicity of proceedings, avoid conflicting judgments, and promote judicial economy while ensuring fairness — Segregation without legally recognized grounds like distinct facts, severable evidence, or demonstrated prejudice, is impermissible.
Penal Code, 1860 (IPC) — Sections 420, 463, 465, 467, 468, 471, 474 read with Section 34 — Offences relating to cheating and forgery — Anticipatory bail — Rejection challenged — Appellants, public servants at the time, accused of certifying mutation entries based on forged documents — High Court rejected anticipatory bail — Supreme Court affirmed the High Court’s decision
Anticipatory Bail
Penal Code, 1860 (IPC) — Sections 420, 463, 465, 467, 468, 471, 474 read with Section 34 — Offences relating to cheating and forgery — Anticipatory bail — Rejection challenged — Appellants, public servants at the time, accused of certifying mutation entries based on forged documents — High Court rejected anticipatory bail — Supreme Court affirmed the High Court’s decision
Waqf Act, 1995 (as amended) — Challenge to constitutional validity of amendments — Petitioners contended that amendments are ultra vires the Constitution, violating fundamental rights including Articles 14, 15, 19, 21, 25, 26, 29, 30 and 300A. Respondents argued for legislative competence and presumption of validity of enactments. Court emphasized that statutes should only be declared unconstitutional if there is a clear, glaring, and undeniable violation of constitutional principles or fundamental rights, or if manifestly arbitrary, and that courts must strive to uphold legislative validity.
Constitution
Waqf Act, 1995 (as amended) — Challenge to constitutional validity of amendments — Petitioners contended that amendments are ultra vires the Constitution, violating fundamental rights including Articles 14, 15, 19, 21, 25, 26, 29, 30 and 300A. Respondents argued for legislative competence and presumption of validity of enactments. Court emphasized that statutes should only be declared unconstitutional if there is a clear, glaring, and undeniable violation of constitutional principles or fundamental rights, or if manifestly arbitrary, and that courts must strive to uphold legislative validity.
Consumer Protection Act, 1986 — Section 25 — Enforcement of orders — Pre-2002 amendment and post-2019 Act, all orders could be enforced as decrees. The period between 15.03.2003 to 20.07.2020 saw an anomaly where only interim orders (and monetary recovery) were clearly enforceable under Section 25, leaving final non-monetary orders in a gap. Interpretation of Statutes — Casus omissus — Court can fill gaps in legislation using interpretative tools like purposive construction when literal interpretation leads to absurdity or defeats the object of the Act, especially for remedial legislation like the Consumer Act.
Consumer
Consumer Protection Act, 1986 — Section 25 — Enforcement of orders — Pre-2002 amendment and post-2019 Act, all orders could be enforced as decrees. The period between 15.03.2003 to 20.07.2020 saw an anomaly where only interim orders (and monetary recovery) were clearly enforceable under Section 25, leaving final non-monetary orders in a gap. Interpretation of Statutes — Casus omissus — Court can fill gaps in legislation using interpretative tools like purposive construction when literal interpretation leads to absurdity or defeats the object of the Act, especially for remedial legislation like the Consumer Act.
I P C

Common Intention–Even a past enmity by itself may not be a ground to hold for drawing any inference of formation of common intention amongst the parties. –Criminal Law–Common Intention–It is well settled that Section 34 of IPC does not create a distinct offence, it only lays down the principle of joint criminal liability–The necessary conditions for the application of Section 34 of Code are common intention to commit an offence and participation by all the accused in doing act or acts in furtherance of common intention–Penal Code, 1860, Section 34. 

Jan 2, 2019 sclaw

2009(1) LAW HERALD (SC) 131 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Criminal Appeal No. 2067 of 2008…

Accident

Accident Law–Impleading of Insurance–Liability of the insurance company arises for the purpose of reimbursement of the amount of compensation found to be payable by the owner of the vehicle insured–It is only in exceptional cases and as provided for under Section 170 of the Act, the insurance company can defend a claim petition–Only on limited grounds it may be permitted to question the quantum of compensation–Motor Vehicles Act, 1988, Section 170.     

Jan 2, 2019 sclaw

2009(1) LAW HERALD (SC) 126 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7318 of 2008…

Cr P C

Held; while considering an application for bail, detailed discussion of evidence and elaborate documentation of merit is to be avoided–No party should have impression that his case has been pre-judged–Existence of prima facie case is only to be considered–No merit–Appeal dismissed

Jan 1, 2019 sclaw

2009(1) LAW HERALD (SC) 117 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 406…

Service Matters
Service

Service and Labour Law–Absence without leave–Dismissal from service–Misconduct–Proportionality of punishment–Appellant claimed that punishment of termination is disproportionate to gravity of offence charged–No mitigating circumstances could be shown–Similar offence committed earlier–Punishment of simplicitor dismissed not disproportionate to gravity of offence–Appeal dismissed

Jan 1, 2019 sclaw

2009(1) LAW HERALD (SC) 93 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Criminal Appeal No. 2061 of 2008…

Dowry Death

Dowry Death–Soon before death–Words “Soon before her death” occurring in section 304-B of Penal Code, are to be understood in relative and flexible sense–Those words cannot be construed as lying down a rigid period of time to be mechanically applied in each case–Whether or not the cruelty or harassment meted out to the victim for or in connection with the demand of dowry was soon before her death and the proximate cause of her death, under abnormal circumstances, would depend upon the facts of each case–There can be no fixed period of time in this regard–Penal Code, 1860, Section 304-B.  

Dec 31, 2018 sclaw

2009(1) LAW HERALD (SC) 88 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Lokeshwar Singh Panta The Hon’ble Mr. Justice Aftab Alam Criminal Appeal No.67 of 2006…

You missed

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 223(d) — Persons accused of different offences committed in the course of the same transaction may be charged and tried together — Legislative intent is to prevent multiplicity of proceedings, avoid conflicting judgments, and promote judicial economy while ensuring fairness — Segregation without legally recognized grounds like distinct facts, severable evidence, or demonstrated prejudice, is impermissible.

Sep 16, 2025 sclaw
Anticipatory Bail

Penal Code, 1860 (IPC) — Sections 420, 463, 465, 467, 468, 471, 474 read with Section 34 — Offences relating to cheating and forgery — Anticipatory bail — Rejection challenged — Appellants, public servants at the time, accused of certifying mutation entries based on forged documents — High Court rejected anticipatory bail — Supreme Court affirmed the High Court’s decision

Sep 16, 2025 sclaw
Constitution

Waqf Act, 1995 (as amended) — Challenge to constitutional validity of amendments — Petitioners contended that amendments are ultra vires the Constitution, violating fundamental rights including Articles 14, 15, 19, 21, 25, 26, 29, 30 and 300A. Respondents argued for legislative competence and presumption of validity of enactments. Court emphasized that statutes should only be declared unconstitutional if there is a clear, glaring, and undeniable violation of constitutional principles or fundamental rights, or if manifestly arbitrary, and that courts must strive to uphold legislative validity.

Sep 16, 2025 sclaw
Consumer

Consumer Protection Act, 1986 — Section 25 — Enforcement of orders — Pre-2002 amendment and post-2019 Act, all orders could be enforced as decrees. The period between 15.03.2003 to 20.07.2020 saw an anomaly where only interim orders (and monetary recovery) were clearly enforceable under Section 25, leaving final non-monetary orders in a gap. Interpretation of Statutes — Casus omissus — Court can fill gaps in legislation using interpretative tools like purposive construction when literal interpretation leads to absurdity or defeats the object of the Act, especially for remedial legislation like the Consumer Act.

Sep 2, 2025 sclaw