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.
C P C

Second Appeal—Reasoned Order—It is of no significance, whether the respondent has appeared at the time of final hearing of the appeal or not. – The High Court, in any case, has to proceed in accordance with the procedure prescribed under Section 100 while disposing of the appeal, whether in limine or at the final hearing stage.

Nov 3, 2018 sclaw

2018(3) Law Herald (SC) 1766 :2018 LawHerald.Org 1108 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.K. Agrawal Hon’ble Mr. Justice Abhay Manohar Sapre Civil Appeal Nos. 9118-9119…

Acquittal

Murder—Unsoundness of mind—Duty of Police—In view of the previous history of insanity of the appellant, at the time of offence, it was the duty of police to subject the accused to a medical examination immediately and place the evidence before the court and if this is not done, it creates a serious infirmity in the prosecution case

Nov 3, 2018 sclaw

2018(3) Law Herald (SC) 1749 :2018 LawHerald.Org 1250 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Navin Sinha Criminal Appeal No.814 of 2017…

Will & Succession

Registration—Admissibility of unregistered documents—Any document which is not registered as required under law, would be inadmissible in evidence and therefore, cannot be produced and proved. Succession—Joint family property—After partition, the property in the hands of the son will continue to be the ancestral property and the natural or adopted son of that son will take interest in it and is entitled to it by survivorship.

Nov 2, 2018 sclaw

2018(3) Law Herald (SC) 1741 :2018 LawHeraldLOrg 1249 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal No.…

I P C

Indian Penal Code, 1860, S.302, S.326 & S.34—Murder—Common Intention—Overt Act—Grievous Hurt—Acquittal – Except specifying that one assaulted the informant no other allegations are found against him—Ingredients of common intention on the part of the accused to do away with life of other two deceased are not forth coming from evidence on record—Appellant acquitted u/s 302 IPC but convicted w/s 326 IPC—Sentence reduced to already undergone.

Nov 2, 2018 sclaw

2018(3) Law Herald |SC) 1736 :2018 LawHerald.Org 1123 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice Mohan M. Shantanagoudar Criminal Appeal No.…

C P C

Injunction—Question of Title—Findings of title can be recorded in a suit for injunction if there are necessary and appropriate issues regarding question of title Second Appeal—Question of Title—High Court while dismissing the second appeal being devoid of merit was not justified in making an observation which has the potential of reopening the already settled issue of title in respect of the suit property—Such findings set aside

Nov 1, 2018 sclaw

2018(3) Law Herald (SC) 2337 : 2017 LawHerald.Org 1522 SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant  Vs.  VIJAY KRISHNA UNIYAL (D) THROUGH L.RS. — Respondent ( Before : Kurian…

Limitation

Adverse Possession—Permissive possession over the property howsoever long never becomes adverse to the interest of real owner at any point of time Adverse Possession—The limitation of 12 years begins when the possession of the defendants would become adverse to that of the plaintiffs -Adverse Possession—Proof of—Tax receipt, Chaukidari receipt and Khatian extract—These documents at the most depict the possession of the defendants and not their adverse possession.                                

Nov 1, 2018 sclaw

2018(3) Law Herald (SC) 2316 : 2018 LawHerald.Org 1520 IN THE SUPREME COURT OF INDIA                                                                            Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal…

C P C

Civil Procedure Code, 1908, S, 100-Second Appeal-Substantial Question of law-High Court also failed to see that the issue of resjudicata and the issue of ownership were independent issues and the decision on one would not have answered the other one—In other words, both the issues had to be examined independent of each other on their respective merits—It was, however, possible only after framing of substantial questions on both the issues as provided under Section 100(4) and (5) of the Code—This was, however, not done in this case-Case remanded back

Nov 1, 2018 sclaw

2018(3) Law Herald (SC) 2311 : 2018 LawHerald.Org 1519     SUPREME COURT OF INDIA DIVISION BENCH NARAYANA GRAMANI — Appellant Vs. MARIAMMAL — Respondent ( Before : Abhay Manohar Sapre and…

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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