Supreme Court of India Judgements

47295 Judgements hosted as on 02/08/2026 - Search (FREE), Subscribe @ Rs 99/- for 6 months, sclaw@sclaw.in, WA +91 9417245693.

Top Tags

Latest Post

Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character. Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS) Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible. Succession Act, 1925 — Sections 33, 35 and 38 — Hindu/Christian Succession — Applicability of S. 33 confined to property owned by deceased male; erroneous application by High Court set aside — Where property was purchased and registered in the joint names of two wives, the same is owned by them and not by the husband, notwithstanding that he provided the consideration — Section 33, which governs devolution on intestacy of a male’s property between his widow and lineal descendants, is not attracted to property never vested in the husband’s name — High Court’s application of S. 33 to the entirety of the suit property held misconceived.
Environment

Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.

Aug 2, 2026 sclaw
Bhartiya Nagrik Suraksha Sanhita Cr P C

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)

Aug 2, 2026 sclaw
Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.
Environment
Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)
Bhartiya Nagrik Suraksha Sanhita Cr P C
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)
Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers.
Direct Taxation Income Tax Act
Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers.
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible.
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible.
Service Matters
Service

General Provident Fund (Central Service) Rules, 1960 — Rules 5(5), 5(6), 33 and Note 2 to Rule 476(V) of Official Manual (Part V) — Interpretation — While Rules 5(5) and 5(6) read together do not automatically cancel a nomination where the subscriber fails to send a notice of cancellation and a fresh nomination — The express condition in the original nomination form stating it invalidates upon the subscriber acquiring a family renders the nomination void the moment the condition (marriage) occurs, triggering distribution under Rule 33(i)(b) to all family members in equal shares. (Paras 5, 7, 8)

Dec 14, 2025 sclaw

2025 INSC 1391 SUPREME COURT OF INDIA DIVISION BENCH SMT. BOLLA MALATHI Vs. B. SUGUNA AND OTHERS ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ. ) Civil Appeal…

Contempt

Contempt of Courts Act, 1971 — Sections 2(c), 12, 19 — Criminal Contempt — Power to Punish and Forgive — The power to punish for contempt carries the concomitant power to forgive when the contemnor demonstrates genuine remorse and repentance, making the extension of mercy an integral part of judicial conscience — Contempt jurisdiction is neither a personal armour for Judges nor a sword to silence criticism — Court must treat the acknowledgment of contrition as a virtue and extend forgiveness where the contemnor sincerely acknowledges the lapse and seeks to atone for it. (Para 1)

Dec 13, 2025 sclaw

2025 INSC 1408 SUPREME COURT OF INDIA DIVISION BENCH VINEETA SRINANDAN Vs. HIGH COURT OF JUDICATURE AT BOMBAY ON ITS OWN MOTION ( Before : Vikram Nath and Sandeep Mehta,…

I B C

Insolvency and Bankruptcy Code, 2016 — Section 9 — Corporate Insolvency Resolution Process (CIRP) — Application by Operational Creditor — Pre-existing Dispute — Adjudicating authority must determine if operational debt exists, if non-payment has occurred, and if a dispute existed prior to the demand notice (Section 8) — Dispute must be genuine, substantial, and not spurious, hypothetical, or illusory (mere ‘moonshine’ or ‘bluster’) — Court is not required to examine the merits of the dispute or satisfy itself that the defence is likely to succeed. (Paras 15, 16, 19)

Dec 13, 2025 sclaw

2025 INSC 1410 SUPREME COURT OF INDIA DIVISION BENCH M/S. SARASWATI WIRE AND CABLE INDUSTRIES Vs. MOHAMMAD MOINUDDIN KHAN AND OTHERS ( Before : Sanjay Kumar and Alok Aradhe, JJ.…

I B C

Insolvency and Bankruptcy Code, 2016 (IBC) — Section 62 — Liquidation Process — Sale of Assets — Appeals against NCLAT majority decision confirming forfeiture of amount paid by bidder — Private sale requiring Adjudicating Authority’s prior approval — Regulation 33(2)(d) of IBBI (Liquidation Process) Regulations, 2016 — Where liquidator seeks NCLT approval for private sale after failed auctions and decision to sell at scrap value, the sale falls under Regulation 33(2)(d) and not Regulation 33(2)(c) (sale at price higher than reserve price of failed auction) — Contention that sale was purely a contract governed by Indian Contract Act, 1872, rejected. (Paras 12, 16, 19)

Dec 13, 2025 sclaw

2025 INSC 1411 SUPREME COURT OF INDIA DIVISION BENCH M/S. SHRI KARSHNI ALLOYS PRIVATE LIMITED Vs. RAMAKRISHNAN SADASIVAN ( Before : Sanjay Kumar and Alok Aradhe, JJ. ) Civil Appeal…

Arbitration

Arbitration and Conciliation Act, 1996 — Sections 29A(1), 29A(4), 29A(6), 23(4) — Time limit for arbitral award — Termination of mandate — Substitution of Arbitrator — Section 29A aims for time-bound disposal of arbitration proceedings — An award in non-international commercial arbitration must be made within twelve months from completion of pleadings (Section 23(4)) — If the award is not made within the initial twelve months or the extended six months (by consent), the arbitrator’s mandate terminates unless the Court extends the period (Section 29A(4)). (Paras 9, 10, 11)

Dec 13, 2025 sclaw

2025 INSC 1409 SUPREME COURT OF INDIA DIVISION BENCH MOHAN LAL FATEHPURIA Vs. M/S BHARAT TEXTILES AND OTHERS ( Before : Sanjay Kumar and Alok Aradhe, JJ. ) Civil Appeal…

Corruption

Prevention of Corruption Act, 1988 (PC Act) — Section 18A — PC Act read with Criminal Law Amendment Ordinance, 1944 — Code of Criminal Procedure, 1973 (CrPC) — Section 102 — Seizure vs. Attachment/Confiscation of Property — Whether power of police officer to freeze accounts under Section 102 CrPC is co-existent or mutually exclusive with the machinery for attachment under Section 18A PC Act — Held, the powers are separate, distinct, and co-existent, not mutually exclusive. (Paras 2, 8, 11)

Dec 13, 2025 sclaw

2025 INSC 1413 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF WEST BENGAL Vs. ANIL KUMAR DEY ( Before : Sanjay Karol and Prashant Kumar Mishra, JJ. ) Criminal…

Cr P C

Criminal Procedure Code (CrPC), 1973 — Section 436-A — Applicability — Undertrial detention exceeding half of maximum sentence — Section 436-A mandates release of undertrial prisoners who have undergone detention extending up to one-half of maximum period of imprisonment specified for the offence, unless further detention is ordered with reasons — Exception: This provision is explicitly inapplicable to offences for which the punishment of death has been specified as one of the possible punishments under that law. (Paras 7, 9.2, 11)

Dec 12, 2025 sclaw

2025 INSC 1418 SUPREME COURT OF INDA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION Vs. DAYAMOY MAHATO ETC. ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ. ) Criminal Appeal…

Narcotics

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 8(c) read with 20(b)(ii)(C) and 29(1) — Conviction for possession of commercial quantity of ganja (23.500 kg) and conspiracy — Appeal against concurrent findings of lower courts — Absence of independent witnesses — Failure to secure independent witnesses is not fatal to the prosecution case, especially under the NDPS Act, if the testimonies of official witnesses are consistent, coherent, and credible, and no material doubt is raised in cross-examination. (Paras 12, 18, 20, 21, 22)

Dec 12, 2025 sclaw

2025 INSC 1417 SUPREME COURT OF INDIA DIVISION BENCH JOTHI @ NAGAJOTHI Vs. THE STATE, REP. BY THE INSPECTOR OF POLICE ( Before : Sanjay Karol and Vipul M. Pancholi,…

Service Matters
General Insurance Service

Insurance Scheme — PMGKY Package — Requisition of Services of Private Doctors — The invocation of special laws (Epidemic Diseases Act, 1897) and implementing regulations (Maharashtra COVID-19 Regulations, 2020), coupled with executive actions such as the NMMC notice directing private dispensaries to remain open under threat of penal action (IPC S. 188), constitutes a “requisition” of services for doctors and health professionals under the scheme requirements — A narrow interpretation of “requisition” requiring specific individual appointment letters is rejected due to the compelling, emergent circumstances of the pandemic. (Paras 23-26, 30(a))

Dec 12, 2025 sclaw

2025 INSC 1420 SUPREME COURT OF INDIA DIVISION BENCH PRADEEP ARORA AND OTHERS Vs. DIRECTOR, HEALTH DEPARTMENT, GOVT. OF MAHARASHTRA AND OTHERS ( Before : Pamidighantam Sri Narasimha and R.…

Property Matters Rent

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 — Scope and Applicability — Overriding Effect over State Rent Control Legislations — Whether PP Act 1971 prevails over State Rent Control Acts (such as Maharashtra Rent Control Act, 1999 or Delhi Rent Control Act, 1958) regarding eviction from ‘Public Premises’ defined under Section 2(e) — Both PP Act 1971 and State Rent Control Acts are special laws; conflict resolved by legislative purpose and policy, which dictates that PP Act 1971 must prevail — A person in unauthorised occupation of public premises cannot invoke the protection of the Rent Control Act. (Paras 2, 5.6.3, 5.7.1, 5.8.2, 13(i), 13(ii), 13(iv))

Dec 12, 2025 sclaw

2025 INSC 1419 SUPREME COURT OF INDIA FULL BENCH LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. VITA ( Before : Vikram Nath, Sandeep Mehta and N.V. Anjaria, JJ. )…

You missed

Environment

Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.

Aug 2, 2026 sclaw
Bhartiya Nagrik Suraksha Sanhita Cr P C

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)

Aug 2, 2026 sclaw
Direct Taxation Income Tax Act

Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers.

Aug 2, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible.

Aug 2, 2026 sclaw