Supreme Court of India Judgements

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Insolvency and Bankruptcy Code, 2016 — Section 31 — ‘Clean slate’ doctrine — Effect of approved Resolution Plan on claims — Upon approval under S. 31(1), claims provided in the Plan stand frozen and are binding on the Corporate Debtor and all stakeholders — Claims not incorporated in the Plan stand extinguished, withdrawn or abated — Resolution Applicant entitled to commence operations free from unforeseen liabilities — Ghanashyam Mishra & Sons v. Edelweiss ARC, (2021) 9 SCC 657, followed. Criminal Procedure Code, 1973 (CrPC) — Section 299 — Record of evidence in absence of accused — Scope and applicability — Exception to the rule that a witness must be examined in presence of the accused and to the principle under S. 33, Evidence Act — Being an exception, all prescribed conditions must be strictly complied with — Deposition recorded in absence of an absconding accused admissible against him upon arrest, if deponent is dead, incapable of giving evidence, cannot be found, or cannot be produced without unreasonable delay, expense or inconvenience. Presidency Towns Insolvency Act, 1909 — Section 9(2) — “Decree or order” — Whether includes a recovery certificate issued by a Debts Recovery Tribunal under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (pre-2016 amendment) — Held, no — Insolvency Act, being weighed with grave civil consequence of “civil death”, must be strictly construed — Expression “decree or order” must bear the meaning assigned under Ss. 2(2) and 2(14), CPC, requiring adjudication by a “court” in a “suit” — A DRT recovery certificate, not being a decree or order of a court within this meaning, cannot found an insolvency notice under S. 9(2) — Ratio of Paramjeet Singh Patheja v. ICDS Ltd., (2006) 13 SCC 322 (rendered qua arbitral awards) held to rest on a wider principle applicable equally to DRT recovery certificates — Impugned judgment of Division Bench, Bombay High Court, affirming Single Judge’s quashing of insolvency notice, upheld. Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 — Section 47 — Non-discrimination in government employment — Employee acquiring disability during service — Mandatory obligation on employer to shift employee to alternate post with same pay and service benefits, or, failing that, to accommodate on supernumerary post till superannuation — Respondent, a CRPF Constable (Driver), rendered blind/partially blind in 1996 and medically invalidated from service in 1998 without consideration of alternate posting — Held, S. 47 casts a positive and mandatory obligation on employer to protect disabled employee and not await a request for accommodation — Order of medical invalidation dated 11-3-1998 held ultra vires S. 47 and Arts. 14 and 21 of the Constitution — Single Judge’s direction reinstating respondent, upheld by Division Bench, affirmed in principle, though relief modified in view of respondent’s superannuation — Kunal Singh v. Union of India, (2003) 4 SCC 524; Bhagwan Dass v. Punjab State Electricity Board, (2008) 1 SCC 579; Ravinder Kumar Dhariwal v. Union of India, (2023) 2 SCC 209, relied on. State Financial Corporations Act, 1951 — Sections 29 & 30 — Auction sale of mortgaged property by Financial Corporation for recovery of dues — Judicial review of, scope — Borrowers persistently defaulting over eight years despite multiple opportunities, repayment schedules fixed by High Court, and statutory notices — Financial Corporation auctioning mortgaged property after affording repeated chances including a final 21-day matching offer, which borrowers ignored — Held, fairness required of a Financial Corporation cannot be carried to the extent of disabling it from recovering what is due to it; fairness is not a one-way street — Courts have no say in matters between the Corporation and its debtor except where there is (a) statutory violation, or (b) the Corporation has acted unfairly/unreasonably — Writ court/civil court does not sit as an appellate authority over commercial decisions of the Corporation — Absence of prior valuation report, by itself, held insufficient to vitiate auction where borrowers never objected to the basis of sale (BOS — balance outstanding as on date of possession/sale deed) and themselves sought to retain the property on the very same terms — Concurrent findings of Trial Court and High Court setting aside auction sale, reversed.
I B C

Insolvency and Bankruptcy Code, 2016 — Section 31 — ‘Clean slate’ doctrine — Effect of approved Resolution Plan on claims — Upon approval under S. 31(1), claims provided in the Plan stand frozen and are binding on the Corporate Debtor and all stakeholders — Claims not incorporated in the Plan stand extinguished, withdrawn or abated — Resolution Applicant entitled to commence operations free from unforeseen liabilities — Ghanashyam Mishra & Sons v. Edelweiss ARC, (2021) 9 SCC 657, followed.

Jul 19, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 299 — Record of evidence in absence of accused — Scope and applicability — Exception to the rule that a witness must be examined in presence of the accused and to the principle under S. 33, Evidence Act — Being an exception, all prescribed conditions must be strictly complied with — Deposition recorded in absence of an absconding accused admissible against him upon arrest, if deponent is dead, incapable of giving evidence, cannot be found, or cannot be produced without unreasonable delay, expense or inconvenience.

Jul 19, 2026 sclaw
Insolvency and Bankruptcy Code, 2016 — Section 31 — ‘Clean slate’ doctrine — Effect of approved Resolution Plan on claims — Upon approval under S. 31(1), claims provided in the Plan stand frozen and are binding on the Corporate Debtor and all stakeholders — Claims not incorporated in the Plan stand extinguished, withdrawn or abated — Resolution Applicant entitled to commence operations free from unforeseen liabilities — Ghanashyam Mishra & Sons v. Edelweiss ARC, (2021) 9 SCC 657, followed.
I B C
Insolvency and Bankruptcy Code, 2016 — Section 31 — ‘Clean slate’ doctrine — Effect of approved Resolution Plan on claims — Upon approval under S. 31(1), claims provided in the Plan stand frozen and are binding on the Corporate Debtor and all stakeholders — Claims not incorporated in the Plan stand extinguished, withdrawn or abated — Resolution Applicant entitled to commence operations free from unforeseen liabilities — Ghanashyam Mishra & Sons v. Edelweiss ARC, (2021) 9 SCC 657, followed.
Criminal Procedure Code, 1973 (CrPC) — Section 299 — Record of evidence in absence of accused — Scope and applicability — Exception to the rule that a witness must be examined in presence of the accused and to the principle under S. 33, Evidence Act — Being an exception, all prescribed conditions must be strictly complied with — Deposition recorded in absence of an absconding accused admissible against him upon arrest, if deponent is dead, incapable of giving evidence, cannot be found, or cannot be produced without unreasonable delay, expense or inconvenience.
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Section 299 — Record of evidence in absence of accused — Scope and applicability — Exception to the rule that a witness must be examined in presence of the accused and to the principle under S. 33, Evidence Act — Being an exception, all prescribed conditions must be strictly complied with — Deposition recorded in absence of an absconding accused admissible against him upon arrest, if deponent is dead, incapable of giving evidence, cannot be found, or cannot be produced without unreasonable delay, expense or inconvenience.
Presidency Towns Insolvency Act, 1909 — Section 9(2) — “Decree or order” — Whether includes a recovery certificate issued by a Debts Recovery Tribunal under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (pre-2016 amendment) — Held, no — Insolvency Act, being weighed with grave civil consequence of “civil death”, must be strictly construed — Expression “decree or order” must bear the meaning assigned under Ss. 2(2) and 2(14), CPC, requiring adjudication by a “court” in a “suit” — A DRT recovery certificate, not being a decree or order of a court within this meaning, cannot found an insolvency notice under S. 9(2) — Ratio of Paramjeet Singh Patheja v. ICDS Ltd., (2006) 13 SCC 322 (rendered qua arbitral awards) held to rest on a wider principle applicable equally to DRT recovery certificates — Impugned judgment of Division Bench, Bombay High Court, affirming Single Judge’s quashing of insolvency notice, upheld.
C P C I B C
Presidency Towns Insolvency Act, 1909 — Section 9(2) — “Decree or order” — Whether includes a recovery certificate issued by a Debts Recovery Tribunal under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (pre-2016 amendment) — Held, no — Insolvency Act, being weighed with grave civil consequence of “civil death”, must be strictly construed — Expression “decree or order” must bear the meaning assigned under Ss. 2(2) and 2(14), CPC, requiring adjudication by a “court” in a “suit” — A DRT recovery certificate, not being a decree or order of a court within this meaning, cannot found an insolvency notice under S. 9(2) — Ratio of Paramjeet Singh Patheja v. ICDS Ltd., (2006) 13 SCC 322 (rendered qua arbitral awards) held to rest on a wider principle applicable equally to DRT recovery certificates — Impugned judgment of Division Bench, Bombay High Court, affirming Single Judge’s quashing of insolvency notice, upheld.
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 — Section 47 — Non-discrimination in government employment — Employee acquiring disability during service — Mandatory obligation on employer to shift employee to alternate post with same pay and service benefits, or, failing that, to accommodate on supernumerary post till superannuation — Respondent, a CRPF Constable (Driver), rendered blind/partially blind in 1996 and medically invalidated from service in 1998 without consideration of alternate posting — Held, S. 47 casts a positive and mandatory obligation on employer to protect disabled employee and not await a request for accommodation — Order of medical invalidation dated 11-3-1998 held ultra vires S. 47 and Arts. 14 and 21 of the Constitution — Single Judge’s direction reinstating respondent, upheld by Division Bench, affirmed in principle, though relief modified in view of respondent’s superannuation — Kunal Singh v. Union of India, (2003) 4 SCC 524; Bhagwan Dass v. Punjab State Electricity Board, (2008) 1 SCC 579; Ravinder Kumar Dhariwal v. Union of India, (2023) 2 SCC 209, relied on.
Constitution
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 — Section 47 — Non-discrimination in government employment — Employee acquiring disability during service — Mandatory obligation on employer to shift employee to alternate post with same pay and service benefits, or, failing that, to accommodate on supernumerary post till superannuation — Respondent, a CRPF Constable (Driver), rendered blind/partially blind in 1996 and medically invalidated from service in 1998 without consideration of alternate posting — Held, S. 47 casts a positive and mandatory obligation on employer to protect disabled employee and not await a request for accommodation — Order of medical invalidation dated 11-3-1998 held ultra vires S. 47 and Arts. 14 and 21 of the Constitution — Single Judge’s direction reinstating respondent, upheld by Division Bench, affirmed in principle, though relief modified in view of respondent’s superannuation — Kunal Singh v. Union of India, (2003) 4 SCC 524; Bhagwan Dass v. Punjab State Electricity Board, (2008) 1 SCC 579; Ravinder Kumar Dhariwal v. Union of India, (2023) 2 SCC 209, relied on.
Consumer

Foreigners Act, 1946–Wrongly declared to be Foreigner—Once the grandfather’s identity, father’s identity etc. has been established successfully by the appellant then by the mere fact that the father may later have gone to another village is no reason to doubt the documents relied upon

Jun 29, 2019 sclaw

2019(2) Law Herald (SC) 1503 : 2019 LawHerald.Org 951 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Rohinton Pali Nariman Hon’ble Mr. Justice Vineet Saran Criminal Appeal No.…

I P C

Indian Penal Code, 1860, S.304 Part-II–Culpable Homicide not amounting to Murder-Essential Ingredients-In order to bring the case within Exception 4 to Section 300 IPC, the following conditions enumerated therein must be satisfied: (i) The act must be committed without premeditation in a sudden fight in the heat of passion; (ii) upon a sudden quarrel; (iii) without the offender’s having taken undue advantage; and (iv) the accused had not acted in a cruel or unusual manner.

Jun 28, 2019 sclaw

2019(2) Law Herald (SC) 1487 : 2019 LawHerald.Org 948 IN THE SUPREME COURT OF INDIA Before Hontde Mrs. Justice R. Banumathi Honble Mr. Justice R. Subhash Reddy Criminal Appeal No.…

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I B C

Insolvency and Bankruptcy Code, 2016 — Section 31 — ‘Clean slate’ doctrine — Effect of approved Resolution Plan on claims — Upon approval under S. 31(1), claims provided in the Plan stand frozen and are binding on the Corporate Debtor and all stakeholders — Claims not incorporated in the Plan stand extinguished, withdrawn or abated — Resolution Applicant entitled to commence operations free from unforeseen liabilities — Ghanashyam Mishra & Sons v. Edelweiss ARC, (2021) 9 SCC 657, followed.

Jul 19, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 299 — Record of evidence in absence of accused — Scope and applicability — Exception to the rule that a witness must be examined in presence of the accused and to the principle under S. 33, Evidence Act — Being an exception, all prescribed conditions must be strictly complied with — Deposition recorded in absence of an absconding accused admissible against him upon arrest, if deponent is dead, incapable of giving evidence, cannot be found, or cannot be produced without unreasonable delay, expense or inconvenience.

Jul 19, 2026 sclaw
C P C I B C

Presidency Towns Insolvency Act, 1909 — Section 9(2) — “Decree or order” — Whether includes a recovery certificate issued by a Debts Recovery Tribunal under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (pre-2016 amendment) — Held, no — Insolvency Act, being weighed with grave civil consequence of “civil death”, must be strictly construed — Expression “decree or order” must bear the meaning assigned under Ss. 2(2) and 2(14), CPC, requiring adjudication by a “court” in a “suit” — A DRT recovery certificate, not being a decree or order of a court within this meaning, cannot found an insolvency notice under S. 9(2) — Ratio of Paramjeet Singh Patheja v. ICDS Ltd., (2006) 13 SCC 322 (rendered qua arbitral awards) held to rest on a wider principle applicable equally to DRT recovery certificates — Impugned judgment of Division Bench, Bombay High Court, affirming Single Judge’s quashing of insolvency notice, upheld.

Jul 15, 2026 sclaw
Constitution

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 — Section 47 — Non-discrimination in government employment — Employee acquiring disability during service — Mandatory obligation on employer to shift employee to alternate post with same pay and service benefits, or, failing that, to accommodate on supernumerary post till superannuation — Respondent, a CRPF Constable (Driver), rendered blind/partially blind in 1996 and medically invalidated from service in 1998 without consideration of alternate posting — Held, S. 47 casts a positive and mandatory obligation on employer to protect disabled employee and not await a request for accommodation — Order of medical invalidation dated 11-3-1998 held ultra vires S. 47 and Arts. 14 and 21 of the Constitution — Single Judge’s direction reinstating respondent, upheld by Division Bench, affirmed in principle, though relief modified in view of respondent’s superannuation — Kunal Singh v. Union of India, (2003) 4 SCC 524; Bhagwan Dass v. Punjab State Electricity Board, (2008) 1 SCC 579; Ravinder Kumar Dhariwal v. Union of India, (2023) 2 SCC 209, relied on.

Jul 15, 2026 sclaw