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.
Dying Declaration

Dying declaration– Once the court is satisfied that the declaration was true and voluntary undoubtedly, it can base its conviction without any further corroboration–It cannot be laid down as an absolute rule of law that the dying declaration cannot form the sole basis of conviction unless it is corroborated.

Nov 28, 2018 sclaw

2010(1) LAW HERALD (SC) 545 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kumar Ganguly Criminal Appeal No. 966 of…

Cr P C

Criminal Procedure Code, 1973, S. 167(2)–Criminal Procedure Code, 1973, S. 309–Criminal Procedure Code, 1973, S. 173(8)–Investigation–Investigation and re-investigation stand on different footing–Investigation into an offence completed by Police Challan submitted–Superior can order further investigation and not re-investigation–Court cannot give custody of accused to new agent for custodial interrogation.  

Nov 26, 2018 sclaw

2010(1) LAW HERALD (SC) 521 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 941 of 2009…

I P C

Rape on a minor girl–Defence that they were falsely implicated due to enmity–Alleged dispute over a common wall was not of such a grave nature compeling the entire family of the prosecutrix to go to the extent of the putting at stake its reputation and fair name of a young girl child to settle the scores with the accused.

Nov 26, 2018 sclaw

2010(1) LAW HERALD (SC) 538 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B. Sudershan Reddy The Hon’ble Mr. Justice J.M. Panchal Criminal Appeal Nos. 70-72 of…

Accident

Accident–Liability of insurance company–Death of a person travelling in a private car–Whether the insurance policy covered the risk of the passenger travelling in the car–Such person indisputably would come within the purview of the liability to third party–There being no limitation with regard to coverage, in terms of the provisions of the Act, no upper limit is fixed–Liability of the insurer, thus unlike the old Act, may not be limited–Matter requires consideration by a Larger Bench

Nov 26, 2018 sclaw

2010(1) LAW HERALD (SC) 513 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Dr. Mukundakam Sharma Civil Appeal No. 3335 of…

Cr P C

Criminal Procedure Code, 1973, S. 427 and 428–Set off–Benefit of set off–Whether a person, who has been convicted in several cases and has suffered detention or imprisonment in connection therewith, would be entitled to the benefit of set-off in a separate case for the period of detention or imprisonment undergone by him in the other case–Held; No

Nov 25, 2018 sclaw

2010(1) LAW HERALD (SC) 509 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Cyriac Joseph Criminal M.P. No. 13384 of 2009…

Acquittal

Indian Penal Code, 1860, S. 498-A and 406–Quashing of complaint–Cruelty to wife-Wife filed complaint under Section 498-A, 406 I.P.C. against husband and his parents–Major allegations against husband with only minor reference to the in-laws–Death of husband during pendency of trial–Husband already dead complaint against in-laws quashed.

Nov 25, 2018 sclaw

2010(1) LAW HERALD (SC) 507 IN THE SUPREME COURT OF INDIA Before  The Hon’ble Mr. Justice V.S.Sirpurkar The Hon’ble Mr. Justice Deepak Verma Criminal Appeal No. 949 of 2003 Neelu…

Acquittal

Suicide by bride within two years of marriage–Mother-in-law made accused, because in a letter to her husband deceased had stated that she was horrible and custody of child should not be given to her–Old mother-in-law was made scapegoat relying on the age old concept of bickering between the mother-in-law and daughter-in-law–Order of conviction set aside.

Nov 25, 2018 sclaw

  2010(1) LAW HERALD (SC) 504 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S.Sirpurkar The Hon’ble Mr. Justice Deepak Verma Criminal Appeal No. 1198 of 2003…

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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