Supreme Court of India Judgements

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Land Acquisition and Development — Public Purpose De-reservation — Subject land originally earmarked for High School was de-reserved by competent authority due to insufficient area; subsequent sale to private individuals was upheld by civil courts and its finality was not challenged. Contempt of Courts Act, 1971 — Sections 2(c), 19 — Criminal Contempt — Scandalising the court — An advocate’s public allegations against a sitting judge, made via a press conference and repeated in court applications, can constitute criminal contempt by scandalising the court, lowering its authority, and interfering with judicial proceedings — Such conduct is unbecoming of a legal professional and undermines public confidence in the judiciary. Recruitment Rules and Advertisement — Essential Qualifications — Work Experience — In absence of a specific rule or advertisement provision, a recruiting agency cannot relax essential eligibility criteria by treating a higher qualification as a replacement for a mandatory essential qualification — A preference for a higher qualification operates only for eligible and meritorious candidates and does not override or supplant the primary requirement of essential eligibility. Industrial Disputes Act, 1947 — Section 10 — Relief of back wages and regularisation — Employee illegally terminated, ordered reinstatement with back wages by Labour Commissioner and Industrial Court — Employer challenged, but interim order for back wages deposit was made and employee reinstated as daily wager — Employee sought regularisation after completing 180 days of service, granted by Industrial Court from the date of 180 days completion as per settlement clause — Employer failed to comply timely, only regularising employee on a sanctioned post after many years, imposing new conditions contrary to prior orders — Supreme Court held that employer cannot impose new conditions limiting regularisation contrary to earlier unchallenged orders and settlement terms, and reversed High Court’s decision setting aside back wages order. Arbitration and Conciliation Act, 1996 — Section 34 — Challenge to Arbitral Award — Legal Representatives — The Arbitration Act is a complete code for dispute resolution — Legal representatives of a deceased party are entitled to challenge an arbitral award under Section 34 of the Act, as the Act envisions continuity of proceedings after a party’s death and makes awards enforceable by or against legal representatives — Denying this right would render legal representatives remediless while making them liable to fulfill the award, contradicting the Act’s purpose.
Land Acquisition and Development — Public Purpose De-reservation — Subject land originally earmarked for High School was de-reserved by competent authority due to insufficient area; subsequent sale to private individuals was upheld by civil courts and its finality was not challenged.
Land Acquisition
Land Acquisition and Development — Public Purpose De-reservation — Subject land originally earmarked for High School was de-reserved by competent authority due to insufficient area; subsequent sale to private individuals was upheld by civil courts and its finality was not challenged.
Contempt of Courts Act, 1971 — Sections 2(c), 19 — Criminal Contempt — Scandalising the court — An advocate’s public allegations against a sitting judge, made via a press conference and repeated in court applications, can constitute criminal contempt by scandalising the court, lowering its authority, and interfering with judicial proceedings — Such conduct is unbecoming of a legal professional and undermines public confidence in the judiciary.
Contempt
Contempt of Courts Act, 1971 — Sections 2(c), 19 — Criminal Contempt — Scandalising the court — An advocate’s public allegations against a sitting judge, made via a press conference and repeated in court applications, can constitute criminal contempt by scandalising the court, lowering its authority, and interfering with judicial proceedings — Such conduct is unbecoming of a legal professional and undermines public confidence in the judiciary.
Recruitment Rules and Advertisement — Essential Qualifications — Work Experience — In absence of a specific rule or advertisement provision, a recruiting agency cannot relax essential eligibility criteria by treating a higher qualification as a replacement for a mandatory essential qualification — A preference for a higher qualification operates only for eligible and meritorious candidates and does not override or supplant the primary requirement of essential eligibility.
Service
Recruitment Rules and Advertisement — Essential Qualifications — Work Experience — In absence of a specific rule or advertisement provision, a recruiting agency cannot relax essential eligibility criteria by treating a higher qualification as a replacement for a mandatory essential qualification — A preference for a higher qualification operates only for eligible and meritorious candidates and does not override or supplant the primary requirement of essential eligibility.
Industrial Disputes Act, 1947 — Section 10 — Relief of back wages and regularisation — Employee illegally terminated, ordered reinstatement with back wages by Labour Commissioner and Industrial Court — Employer challenged, but interim order for back wages deposit was made and employee reinstated as daily wager — Employee sought regularisation after completing 180 days of service, granted by Industrial Court from the date of 180 days completion as per settlement clause — Employer failed to comply timely, only regularising employee on a sanctioned post after many years, imposing new conditions contrary to prior orders — Supreme Court held that employer cannot impose new conditions limiting regularisation contrary to earlier unchallenged orders and settlement terms, and reversed High Court’s decision setting aside back wages order.
Labour Cases
Industrial Disputes Act, 1947 — Section 10 — Relief of back wages and regularisation — Employee illegally terminated, ordered reinstatement with back wages by Labour Commissioner and Industrial Court — Employer challenged, but interim order for back wages deposit was made and employee reinstated as daily wager — Employee sought regularisation after completing 180 days of service, granted by Industrial Court from the date of 180 days completion as per settlement clause — Employer failed to comply timely, only regularising employee on a sanctioned post after many years, imposing new conditions contrary to prior orders — Supreme Court held that employer cannot impose new conditions limiting regularisation contrary to earlier unchallenged orders and settlement terms, and reversed High Court’s decision setting aside back wages order.
Direct Taxation Income Tax Act

DTAA, India-UAE, Article 5(1) — Permanent Establishment — Definition of “fixed place of business” — The definition of Permanent Establishment requires a fixed place of business through which the business of an enterprise is wholly or partly carried on. The key test is whether the place is “at the disposal” of the enterprise, meaning the enterprise has the right to use the premises to carry on its business. Factors like stability, productivity, and a degree of independence are also considered.

Jul 28, 2025 sclaw

2025 INSC 891 SUPREME COURT OF INDIA DIVISION BENCH HYATT INTERNATIONAL SOUTHWEST ASIA LTD. Vs. ADDITIONAL DIRECTOR OF INCOME TAX ( Before : J.B. Pardiwala and R. Mahadevan, JJ. )…

G S T

Central Goods and Services Tax Act, 2017 — Section 129 — Detention, seizure and release of goods and conveyances in transit — Show cause notice — Payment of penalty — Obligation to pass final order — Where a show cause notice is issued under Section 129(3) of the CGST Act and the taxable person files objections against the proposed levy, the proper officer is duty-bound to pass a reasoned, speaking order under Section 129(3), even if the penalty is paid. Such an order is crucial for enabling the taxpayer to exercise their statutory right of appeal under Section 107 of the CGST Act.

Jul 27, 2025 sclaw

2025 INSC 890 SUPREME COURT OF INDIA DIVISION BENCH M/S ASP TRADERS Vs. STATE OF UTTAR PRADESH AND OTHERS ( Before : J.B. Pardiwala and R. Mahadevan, JJ. ) Civil…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 174 — Inquiry by Police into cause of unnatural death — Requirement of fair and impartial investigation — Evidence considered — Inconsistencies in CCTV footage, suspicious medical findings, and failure to preserve crucial forensic evidence indicated failures in local investigation.

Jul 27, 2025 sclaw

2025 INSC 893 SUPREME COURT OF INDIA DIVISION BENCH SUKDEB SAHA Vs. THE STATE OF ANDHRA PRADESH AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Criminal…

Cr P C

Criminal Procedure Code, 1973 — Section 156(3) — FIR Registration — Application to Magistrate without approaching Police/SP — While a Magistrate ought not ordinarily entertain an application under Section 156(3) CrPC directly without the informant having availed and exhausted remedies under Section 154(3) CrPC, the Magistrate is competent to direct FIR registration if allegations disclose cognizable offence — Such an order is not without jurisdiction and not vitiated on this count, but it is a procedural irregularity.

Jul 27, 2025 sclaw

2025 INSC 895 SUPREME COURT OF INDIA DIVISION BENCH ANURAG BHATNAGAR AND ANOTHER Vs. STATE (NCT OF DELHI) AND ANOTHER ( Before : Pankaj Mithal and S.V.N. Bhatti, JJ. )…

Constitution

Constitution of India, 1950 — Article 170(3) — Proviso — Readjustment of seats in Legislative Assemblies — Constitutional bar on readjustment of seats in State Legislative Assemblies until publication of census data after 2026 — Andhra Pradesh Reorganisation Act, 2014, Section 26 — Increase in seats subject to Article 170(3) — Petitioners’ claim for delimitation in Andhra Pradesh and Telangana dismissed as it contravened constitutional mandate.

Jul 27, 2025 sclaw

2025 INSC 894 SUPREME COURT OF INDIA DIVISION BENCH K. PURUSHOTTAM REDDY Vs. UNION OF INDIA AND OTHERS ( Before : Surya Kant and Nongmeikapam Kotiswar Singh, JJ. ) Writ…

Accident

Insurance Law — Motor Insurance Policy — Guidelines (IMT) — Guidelines issued by the Tariff Advisory Committee (IMT) regulate the issuance of policies but cannot bind the insured unless specified in the insurance policy itself. – – Personal Accident Cover — Contractual liability — Claim based on personal accident cover is a contractual liability, not a statutory one — The question is whether the liability was limited or not, which depends on the terms specified in the policy.

Jul 27, 2025 sclaw

2025 INSC 896 SUPREME COURT OF INDIA DIVISION BENCH MANJUSHA AND OTHERS Vs. UNITED INDIA ASSURANCE COMPANY LIMITED AND ANOTHER ( Before : Sudhanshu Dhulia and K. Vinod Chandran, JJ.…

Cheque Dishonour

Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Territorial jurisdiction — Where a payee maintains his bank account in a particular branch and deposits cheques issued by the drawer for collection through that account, the complaint for dishonour of such cheques must be filed in the court having jurisdiction over the location of the payee’s bank branch, even if the cheques were presented at a different branch of the bank for the purpose of crediting the payee’s account.

Jul 27, 2025 sclaw

2025 INSC 897 SUPREME COURT OF INDIA DIVISION BENCH PRAKASH CHIMANLAL SHETH Vs. JAGRUTI KEYUR RAJPOPAT ( Before : Sanjay Kumar and Satish Chandra Sharma, JJ. ) Criminal Appeal Nos.…

Cheque Dishonour

Criminal Procedure Code, 1973 — Section 200 — Complaint — Amendment — Negotiable Instruments Act, 1881 — Section 138 — Dishonour of Cheque — Power of Criminal Court to amend complaint — Amendments not alien to Cr.P.C. even post-cognizance, provided no prejudice to accused — Supreme Court in S.R. Sukumar and Modi Distillery cases allowed amendments to correct curable infirmities, even after cognizance.

Jul 27, 2025 sclaw

2025 INSC 899 SUPREME COURT OF INDIA DIVISION BENCH BANSAL MILK CHILLING CENTRE Vs. RANA MILK FOOD PRIVATE LTD. AND ANOTHER ( Before : B.V. Nagarathna and K. V. Viswanathan,…

POCSO

Protection of Children from Sexual Offences Act, 2012 — Section 6 — Aggravated Penetrative sexual assault — Punishment introduced by 2019 amendment — Retrospective application — Constitution of India — Article 20(1) — Prohibition against ex-post facto laws and enhanced penalty — Offence committed before amended Act came into force — Sentencing under amended provisions violates constitutional bar against imposing greater penalty than that which was permissible at the time of commission of the offence.

Jul 27, 2025 sclaw

2025 INSC 892 SUPREME COURT OF INDIA DIVISION BENCH SATAURAM MANDAVI Vs. THE STATE OF CHHATTISGARH AND ANOTHER ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Criminal Appeal…

Cr P C

Criminal Procedure Code, 1973 — Section 319 — Power to proceed against other persons appearing to be guilty of offence — Application for summoning additional accused — High Court quashed summons issued against them — Whether High Court was justified — Held, no. — Evidence of eyewitnesses, though prima facie, suggested complicity of the applicant, assigning specific role and indicating presence at scene armed with weapon of offence — High Court applied standard of conviction rather than standard of satisfaction required for summoning — Standard for summoning is more than prima facie case but less than conviction — Summoning order restored.

Jul 20, 2025 sclaw

2025 INSC 860 SUPREME COURT OF INDIA DIVISION BENCH SHIV BARAN Vs. STATE OF U.P. AND ANOTHER ( Before : Sanjay Karol and Joymalya Bagchi, JJ. ) Criminal Appeal No.…

You missed

Land Acquisition

Land Acquisition and Development — Public Purpose De-reservation — Subject land originally earmarked for High School was de-reserved by competent authority due to insufficient area; subsequent sale to private individuals was upheld by civil courts and its finality was not challenged.

Apr 25, 2026 sclaw
Contempt

Contempt of Courts Act, 1971 — Sections 2(c), 19 — Criminal Contempt — Scandalising the court — An advocate’s public allegations against a sitting judge, made via a press conference and repeated in court applications, can constitute criminal contempt by scandalising the court, lowering its authority, and interfering with judicial proceedings — Such conduct is unbecoming of a legal professional and undermines public confidence in the judiciary.

Apr 25, 2026 sclaw
Service

Recruitment Rules and Advertisement — Essential Qualifications — Work Experience — In absence of a specific rule or advertisement provision, a recruiting agency cannot relax essential eligibility criteria by treating a higher qualification as a replacement for a mandatory essential qualification — A preference for a higher qualification operates only for eligible and meritorious candidates and does not override or supplant the primary requirement of essential eligibility.

Apr 25, 2026 sclaw
Labour Cases

Industrial Disputes Act, 1947 — Section 10 — Relief of back wages and regularisation — Employee illegally terminated, ordered reinstatement with back wages by Labour Commissioner and Industrial Court — Employer challenged, but interim order for back wages deposit was made and employee reinstated as daily wager — Employee sought regularisation after completing 180 days of service, granted by Industrial Court from the date of 180 days completion as per settlement clause — Employer failed to comply timely, only regularising employee on a sanctioned post after many years, imposing new conditions contrary to prior orders — Supreme Court held that employer cannot impose new conditions limiting regularisation contrary to earlier unchallenged orders and settlement terms, and reversed High Court’s decision setting aside back wages order.

Apr 25, 2026 sclaw