Supreme Court of India Judgements

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National Highways Act, 1956 — Amendments and compensation provisions — Section 3-J introduced in 1997 removed applicability of Land Acquisition Act, 1894 (1894 Act) provisions for solatium and interest — Overturned by various High Courts, including reading down Sections 3-G and 3-J to grant solatium and interest — Subsequently, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) and its amended provisions extended to NH Act — Court clarified that landowners acquired lands under NH Act between 1997 and 2015 are entitled to solatium and interest — Review Petition filed by NHAI arguing financial burden was underestimated rejected, but clarification on delayed claims issued. Civil Procedure Code, 1908 (CPC) — Order 21 Rule 102 — Applicability — Provision contemplates a situation where a judgment debtor transfers property after institution of suit to a person who then obstructs execution — Not applicable where respondents derived title from independent registered sale deeds, not from the judgment debtor. Land Acquisition Act, 1894 — Section 28-A — Re-determination of compensation — Second application for re-determination based on High Court award maintainable even after accepting compensation based on Reference Court award — Principle of merger means appellate court’s award supersedes earlier award, entitling landowners to benefit from higher compensation — Object of Section 28-A is to ensure equality in compensation among similarly placed landowners. Electricity Act, 2003 — Section 61, 86 — Tariff determination and Generation Based Incentive (GBI) — State Electricity Regulatory Commission (SERC) has exclusive power to determine tariff — Ministry of New and Renewable Energy (MNRE) introduced GBI to incentivise renewable energy generation — GBI is intended to be over and above the tariff fixed by SERC — SERC must consider GBI while determining tariff, but not necessarily deduct it — SERC’s power to determine tariff includes considering incentives — Parliament’s allocation of funds for GBI does not prevent SERC from considering it in tariff — SERC must exercise its power harmoniously with other stakeholders to achieve policy objectives. Contract Law — Award of Tender — Judicial Review — High Court should exercise restraint when reviewing tender evaluation processes, especially in technical matters, unless there is clear evidence of mala fide, arbitrariness, or irrationality — A marginal difference in scores, as seen in this case, does not automatically warrant interference, especially when the owner has the right to accept or reject bids and the contract is already underway.
Land Acquisition National Highways Authority Act

National Highways Act, 1956 — Amendments and compensation provisions — Section 3-J introduced in 1997 removed applicability of Land Acquisition Act, 1894 (1894 Act) provisions for solatium and interest — Overturned by various High Courts, including reading down Sections 3-G and 3-J to grant solatium and interest — Subsequently, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) and its amended provisions extended to NH Act — Court clarified that landowners acquired lands under NH Act between 1997 and 2015 are entitled to solatium and interest — Review Petition filed by NHAI arguing financial burden was underestimated rejected, but clarification on delayed claims issued.

Mar 29, 2026 sclaw
National Highways Act, 1956 — Amendments and compensation provisions — Section 3-J introduced in 1997 removed applicability of Land Acquisition Act, 1894 (1894 Act) provisions for solatium and interest — Overturned by various High Courts, including reading down Sections 3-G and 3-J to grant solatium and interest — Subsequently, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) and its amended provisions extended to NH Act — Court clarified that landowners acquired lands under NH Act between 1997 and 2015 are entitled to solatium and interest — Review Petition filed by NHAI arguing financial burden was underestimated rejected, but clarification on delayed claims issued.
Land Acquisition National Highways Authority Act
National Highways Act, 1956 — Amendments and compensation provisions — Section 3-J introduced in 1997 removed applicability of Land Acquisition Act, 1894 (1894 Act) provisions for solatium and interest — Overturned by various High Courts, including reading down Sections 3-G and 3-J to grant solatium and interest — Subsequently, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) and its amended provisions extended to NH Act — Court clarified that landowners acquired lands under NH Act between 1997 and 2015 are entitled to solatium and interest — Review Petition filed by NHAI arguing financial burden was underestimated rejected, but clarification on delayed claims issued.
Civil Procedure Code, 1908 (CPC) — Order 21 Rule 102 — Applicability — Provision contemplates a situation where a judgment debtor transfers property after institution of suit to a person who then obstructs execution — Not applicable where respondents derived title from independent registered sale deeds, not from the judgment debtor.
C P C
Civil Procedure Code, 1908 (CPC) — Order 21 Rule 102 — Applicability — Provision contemplates a situation where a judgment debtor transfers property after institution of suit to a person who then obstructs execution — Not applicable where respondents derived title from independent registered sale deeds, not from the judgment debtor.
Land Acquisition Act, 1894 — Section 28-A — Re-determination of compensation — Second application for re-determination based on High Court award maintainable even after accepting compensation based on Reference Court award — Principle of merger means appellate court’s award supersedes earlier award, entitling landowners to benefit from higher compensation — Object of Section 28-A is to ensure equality in compensation among similarly placed landowners.
Land Acquisition
Land Acquisition Act, 1894 — Section 28-A — Re-determination of compensation — Second application for re-determination based on High Court award maintainable even after accepting compensation based on Reference Court award — Principle of merger means appellate court’s award supersedes earlier award, entitling landowners to benefit from higher compensation — Object of Section 28-A is to ensure equality in compensation among similarly placed landowners.
Electricity Act, 2003 — Section 61, 86 — Tariff determination and Generation Based Incentive (GBI) — State Electricity Regulatory Commission (SERC) has exclusive power to determine tariff — Ministry of New and Renewable Energy (MNRE) introduced GBI to incentivise renewable energy generation — GBI is intended to be over and above the tariff fixed by SERC — SERC must consider GBI while determining tariff, but not necessarily deduct it — SERC’s power to determine tariff includes considering incentives — Parliament’s allocation of funds for GBI does not prevent SERC from considering it in tariff — SERC must exercise its power harmoniously with other stakeholders to achieve policy objectives.
Electricity Act
Electricity Act, 2003 — Section 61, 86 — Tariff determination and Generation Based Incentive (GBI) — State Electricity Regulatory Commission (SERC) has exclusive power to determine tariff — Ministry of New and Renewable Energy (MNRE) introduced GBI to incentivise renewable energy generation — GBI is intended to be over and above the tariff fixed by SERC — SERC must consider GBI while determining tariff, but not necessarily deduct it — SERC’s power to determine tariff includes considering incentives — Parliament’s allocation of funds for GBI does not prevent SERC from considering it in tariff — SERC must exercise its power harmoniously with other stakeholders to achieve policy objectives.
Constitution Contempt

Freedom of Speech and Expression — Open Justice — Subjudice Principle — Contempt of Court – Such a direction, being a form of prior restraint, must satisfy twin tests of necessity and proportionality, applicable only in cases of real and substantial risk of prejudice to fairness of trial or proper administration of justice — Courts must be open to public observations, debates, and constructive criticism, even on subjudice matters, as open justice instills faith and checks judicial caprice

May 14, 2025 sclaw

2025 INSC 656 SUPREME COURT OF INDIA DIVISION BENCH WIKIMEDIA FOUNDATION INC. Vs. ANI MEDIA PRIVATE LIMITED AND OTHERS ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. )…

Acquittal

Hostile witnesses — Effect — When a large number of witnesses, including eyewitnesses, turn hostile, prosecution case often collapses for want of evidence — While reasons for hostility can be varied (coercion, fear, monetary consideration, etc.), it cannot automatically lead to conviction based on prior S. 161 statements or IO’s testimony about such statements, as these are not substantive evidence — Court’s consternation at collapse of a serious case due to witness hostility cannot be a reason to convict on insufficient or inadmissible evidence, amounting to a moral conviction anathema to criminal jurisprudence.

May 13, 2025 sclaw

2025 INSC 657 SUPREME COURT OF INDIA DIVISION BENCH RENUKA PRASAD Vs. THE STATE REPRESENTED BY ASSISTANT SUPERINTENDENT OF POLICE ( Before : Sudhanshu Dhulia and K. Vinod Chandran, JJ.…

State Laws

Sales Tax — Kerala General Sales Tax Act, 1963 (Kerala Act) — Section 5A — Tamil Nadu General Sales Tax Act, 1959 (Tamil Nadu Act) — Section 7A — Purchase Tax — Liability of assessee purchasing goods from dealers exempt from sales tax — Where goods are purchased from dealers who are exempt from payment of sales tax by virtue of notifications or exemptions under the Kerala Act or Tamil Nadu Act, such a purchase is considered a purchase of “goods, the sale or purchase of which is liable to tax” within the meaning of Section 5A of the Kerala Act or Section 7A of the Tamil Nadu Act

May 13, 2025 sclaw

2025 INSC 661 SUPREME COURT OF INDIA FULL BENCH C.T. KOCHOUSEPH Vs. STATE OF KERALA AND ANOTHER ETC. ( Before : Sanjiv Khanna, CJI., Sanjay Kumar and R. Mahadevan, JJ.…

Acquittal Corruption

Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d) r/w S. 13(2) a— Illegal gratification — Demand and Acceptance — Proof beyond reasonable doubt — Where prosecution case regarding demand and acceptance of bribe by public servant (Revenue Inspector) suffered from material contradictions and inconsistencies in evidence of complainant (PW1) and other prosecution witnesses (PW7) Minor discrepancies may not be fatal, but serious contradictions going to root of matter, rendering evidence untrustworthy, are grounds for acquittal.

May 13, 2025 sclaw

2025 INSC 655 SUPREME COURT OF INDIA DIVISION BENCH PARITALA SUDHAKAR Vs. STATE OF TELANGANA ( Before : Sudhanshu Dhulia and Ahsanuddin Amanullah, JJ. ) Criminal Appeal No…..of 2025 [@…

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Land Acquisition National Highways Authority Act

National Highways Act, 1956 — Amendments and compensation provisions — Section 3-J introduced in 1997 removed applicability of Land Acquisition Act, 1894 (1894 Act) provisions for solatium and interest — Overturned by various High Courts, including reading down Sections 3-G and 3-J to grant solatium and interest — Subsequently, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) and its amended provisions extended to NH Act — Court clarified that landowners acquired lands under NH Act between 1997 and 2015 are entitled to solatium and interest — Review Petition filed by NHAI arguing financial burden was underestimated rejected, but clarification on delayed claims issued.

Mar 29, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Order 21 Rule 102 — Applicability — Provision contemplates a situation where a judgment debtor transfers property after institution of suit to a person who then obstructs execution — Not applicable where respondents derived title from independent registered sale deeds, not from the judgment debtor.

Mar 29, 2026 sclaw
Land Acquisition

Land Acquisition Act, 1894 — Section 28-A — Re-determination of compensation — Second application for re-determination based on High Court award maintainable even after accepting compensation based on Reference Court award — Principle of merger means appellate court’s award supersedes earlier award, entitling landowners to benefit from higher compensation — Object of Section 28-A is to ensure equality in compensation among similarly placed landowners.

Mar 29, 2026 sclaw
Electricity Act

Electricity Act, 2003 — Section 61, 86 — Tariff determination and Generation Based Incentive (GBI) — State Electricity Regulatory Commission (SERC) has exclusive power to determine tariff — Ministry of New and Renewable Energy (MNRE) introduced GBI to incentivise renewable energy generation — GBI is intended to be over and above the tariff fixed by SERC — SERC must consider GBI while determining tariff, but not necessarily deduct it — SERC’s power to determine tariff includes considering incentives — Parliament’s allocation of funds for GBI does not prevent SERC from considering it in tariff — SERC must exercise its power harmoniously with other stakeholders to achieve policy objectives.

Mar 29, 2026 sclaw