Supreme Court of India Judgements

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Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside. Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed. Insurance Law — Fire Insurance — Accidental Fire — Cause of fire is immaterial if the insured is not the instigator and there is no fraud. The objective of fire insurance is to indemnify the insured against loss by fire. Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms. Public Interest Litigation (PIL) — Environmental Protection — Monitoring Committee — Powers and Scope — A PIL was filed concerning environmental issues in Delhi, leading to the appointment of a Monitoring Committee. The Supreme Court clarified that the committee was appointed to prevent misuse of residential premises for commercial purposes and not to interfere with residential premises used as such. Their power was limited to making suggestions to a Special Task Force regarding encroachments on public land, not to summarily seal premises.
Acquittal

Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside.

Nov 2, 2025 sclaw
Cheque Dishonour

Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed.

Nov 2, 2025 sclaw
Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside.
Acquittal
Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside.
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed.
Cheque Dishonour
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed.
Insurance Law — Fire Insurance — Accidental Fire — Cause of fire is immaterial if the insured is not the instigator and there is no fraud. The objective of fire insurance is to indemnify the insured against loss by fire.
General Insurance
Insurance Law — Fire Insurance — Accidental Fire — Cause of fire is immaterial if the insured is not the instigator and there is no fraud. The objective of fire insurance is to indemnify the insured against loss by fire.
Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms.
Tenders
Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms.
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.…

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Acquittal

Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside.

Nov 2, 2025 sclaw
Cheque Dishonour

Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed.

Nov 2, 2025 sclaw
General Insurance

Insurance Law — Fire Insurance — Accidental Fire — Cause of fire is immaterial if the insured is not the instigator and there is no fraud. The objective of fire insurance is to indemnify the insured against loss by fire.

Nov 2, 2025 sclaw
Tenders

Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms.

Nov 2, 2025 sclaw