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.
Acquittal

Indian Penal Code, 1860, S.302–Murder–Material Contradictions-Acquittal- -Inconsistent version between the evidence of Investigation Officer and father of deceased with regard to recovery of material objects and also in identification of those material objects—Acquittal upheld. 

Dec 19, 2018 sclaw

2018(4) Law Herald (SC) 2911 : 2018 LawHerald.org 1760 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice Vineet Saran Criminal Appeal No. 1133-1135…

Acquittal

Indian Penal Code, 1860, S.498-A-Cruelty against wife—Relatives of Husband–Quashing–Appellants are not the immediate family members of the husband—They are his maternal uncles—Except the bald statement that they supported the husband who was harassing the wife for dowry and that they conspired with the third Respondent for   taking away his child to the U.S.A., nothing else indicating their involvement in the crime was mentioned—Prima facie case has not been made out against the appellants for proceeding against them under Sections 498-A, 120-B, 420 and 365 IPC-FIR quashed

Dec 19, 2018 sclaw

2018(4) Law Herald (SC) 2909 : 2018 LawHerald.org 1759 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S.A. Bobde Hon’ble Mr. Justice L. Nageswara Rao CRIMINAL APPEAL No.…

Land Acquisition

Land Acquisition Act, 1894, S. 18—Development Charges—Deduction of 50%—Deduction held to be justified on following grounds—Held; (i) Land acquired in question is a large chunk of land (101 acres approx.); (ii) It is not fully developed; (iii) Landowners have not filed any exemplar sale deed relating to large pieces of land sold in acres to prove the market value of the acquired land; (iv) Exemplar sale deed relied on by the landowners, pertains to very small pieces of land (19 guntas); (v) Three distinguishing features noticed in the land in exemplar sale deed are not present in the acquired land.  

Dec 19, 2018 sclaw

2018(4) Law Herald (SC) 2902 : 2018 LawHerald.Org 1757 IN THE SUPREME COURT OF INDIA Before                                    Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Uday Umesh Lalit    …

I P C

Rape— Women of easy virtue—A woman of easy virtue also could not be raped by a person for that reason. Perjury—Police Officers—To initiate prosecution under Section 195 Cr.P.C too readily that too against the police officials who were conducting the investigation may not be a correct approach.

Dec 18, 2018 sclaw

2018(4) Law Herald (SC) 2883 : 2018 LawHerald.Org 1755 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal No. 2299…

Cr P C

Indian Penal Code, 1860, S.302~Murder~Charges—Omission to frame charge—Accused failed to prove prejudice caused to him due to non- framing of charge—Non objection has been raised earlier on this ground-­ Accused throughout has been defending himself against charge u/s 302 r/ w S.34 IPC-In such facts and circumstances, it cannot be said that the failure of justice has occasioned to him and the absence of a charge under Section 302 read with Section 34IPC cannot be said to have caused any prejudice to him—Conviction upheld.     

Dec 18, 2018 sclaw

2018(4) Law Herald (SC) 2869 : 2018 LawHerald.Org 1753 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal No. 1568…

Acquittal

Indian Penal Code, 1860, S.302~Murder~Injuries on deceased-Acquittal- -Weapon of offence—Deceased had suffered multiple chop injuries- Weapon of offence recovered from place of occurrence is an ordinary knife used for cutting betel nut, one feet long with a bent sharp point—Chop injuries were not possible with the same—The alleged knife was not even shown to doctor for eliciting opinion if the injuries could have been caused by the same—Accused acquitted.   

Dec 18, 2018 sclaw

2018(4) Law Herald (SC) 2862 : 2018 LawHerald.Org 1752 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.F. Nariman Hon’ble Mr. Justice Navin Sinha Criminal Appeal No. 1330…

Cr P C

Criminal Procedure Code, 1973, S.231(2)–Deferment of cross-examination of witness—Balance must be struck between the rights of the accused, and the prerogative of the prosecution to lead evidence—The following factors must be kept in consideration: (i) possibility of undue influence on witness(es); (ii) possibility of threats to witness(es); (iii) possibility that non-deferral would enable subsequent witnesses giving evidence on similar facts to tailor their testimony to circumvent the defence strategy; (iv) possibility of loss of memory of the witness(es) whose examination-in-chief has been completed; (v) occurrence of delay in the trial, and the non-availability of witnesses, if deferral is allowed, in view of Section 309(1) of the Cr.P.C.

Dec 17, 2018 sclaw

2018(4) Law Herald (SC) 2852 : 2018 LawHerald.Org 1751 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Criminal Appeal No.…

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