Supreme Court of India Judgements

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Remission — Premature release of life convicts — Applicable policy — Conflict between Haryana’s 2002 Policy (dated 12.4.2002) and 2008 Policy (dated 13.8.2008) — Source of power — Held, the 2002 Policy, being in substance and effect referable to Article 161 of the Constitution of India (papers to be routed to the Governor for orders), is constitutional in origin, notwithstanding that it does not expressly recite the source of power — The 2008 Policy, by contrast, expressly invokes Sections 432 and 433 of the Code of Criminal Procedure, 1973 and makes the Chief Minister the deciding authority, and is thus statutory in character — A policy traceable to a statute cannot override or supersede the exercise of the constitutional power under Article 161, that power being distinct, independent and uninfluenced by any statutory power — The purported “supersession” of the 2002 Policy by the 2008 Policy is accordingly untenable in law qua convicts governed by the 2002 Policy — Appellant held entitled to the benefit of the more liberal 2002 Policy. Insolvency and Bankruptcy Code, 2016 — Sections 7 and 14 — Corporate guarantee — Effect of demerger/amalgamation of corporate debtor — NCLT admission order under S. 7 relying on six judicial precedents to reject corporate guarantor’s plea that liability stood extinguished on demerger/amalgamation — NCLAT dismissing appeal and reproducing the same precedents — On independent verification by Supreme Court, found that of the six citations, one carried a wrong citation of an existing but different judgment together with a non-existent paragraph, three were altogether non-existent citations, and two, though correctly cited, contained paragraphs not traceable to the actual reported judgments — Held, the citations relied upon by NCLT were fake, non-existent or hallucinated, apparently AI-generated, and NCLAT failed to detect the fabrication — Orders of NCLT dated 28.08.2024 and NCLAT dated 11.09.2025 set aside — Section 7 application restored to its original number for fresh disposal strictly on merits, without expression of any opinion by the Supreme Court — NCLT directed to dispose of the application expeditiously, preferably within two weeks, with parties to maintain status quo in the interregnum. Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month. Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant. Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 154 — Transfer of land in contravention of ceiling limit — Not void ipso facto — Capable of ratification — Legality of transfer to be judged by law on date of execution — Sale deed executed on 04.06.1957 — Ceiling limit then was 30 acres, subsequently amended to 12.5 acres retrospectively from 01.07.1952 — Transfer in contravention of Section 154 not void but voidable at instance of Gaon Sabha coupled with liability for ejectment of transferee under Section 163 — No suit filed for ejectment within limitation period.
Constitution

Remission — Premature release of life convicts — Applicable policy — Conflict between Haryana’s 2002 Policy (dated 12.4.2002) and 2008 Policy (dated 13.8.2008) — Source of power — Held, the 2002 Policy, being in substance and effect referable to Article 161 of the Constitution of India (papers to be routed to the Governor for orders), is constitutional in origin, notwithstanding that it does not expressly recite the source of power — The 2008 Policy, by contrast, expressly invokes Sections 432 and 433 of the Code of Criminal Procedure, 1973 and makes the Chief Minister the deciding authority, and is thus statutory in character — A policy traceable to a statute cannot override or supersede the exercise of the constitutional power under Article 161, that power being distinct, independent and uninfluenced by any statutory power — The purported “supersession” of the 2002 Policy by the 2008 Policy is accordingly untenable in law qua convicts governed by the 2002 Policy — Appellant held entitled to the benefit of the more liberal 2002 Policy.

Jul 2, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Sections 7 and 14 — Corporate guarantee — Effect of demerger/amalgamation of corporate debtor — NCLT admission order under S. 7 relying on six judicial precedents to reject corporate guarantor’s plea that liability stood extinguished on demerger/amalgamation — NCLAT dismissing appeal and reproducing the same precedents — On independent verification by Supreme Court, found that of the six citations, one carried a wrong citation of an existing but different judgment together with a non-existent paragraph, three were altogether non-existent citations, and two, though correctly cited, contained paragraphs not traceable to the actual reported judgments — Held, the citations relied upon by NCLT were fake, non-existent or hallucinated, apparently AI-generated, and NCLAT failed to detect the fabrication — Orders of NCLT dated 28.08.2024 and NCLAT dated 11.09.2025 set aside — Section 7 application restored to its original number for fresh disposal strictly on merits, without expression of any opinion by the Supreme Court — NCLT directed to dispose of the application expeditiously, preferably within two weeks, with parties to maintain status quo in the interregnum.

Jul 2, 2026 sclaw
Constitution
Remission — Premature release of life convicts — Applicable policy — Conflict between Haryana’s 2002 Policy (dated 12.4.2002) and 2008 Policy (dated 13.8.2008) — Source of power — Held, the 2002 Policy, being in substance and effect referable to Article 161 of the Constitution of India (papers to be routed to the Governor for orders), is constitutional in origin, notwithstanding that it does not expressly recite the source of power — The 2008 Policy, by contrast, expressly invokes Sections 432 and 433 of the Code of Criminal Procedure, 1973 and makes the Chief Minister the deciding authority, and is thus statutory in character — A policy traceable to a statute cannot override or supersede the exercise of the constitutional power under Article 161, that power being distinct, independent and uninfluenced by any statutory power — The purported “supersession” of the 2002 Policy by the 2008 Policy is accordingly untenable in law qua convicts governed by the 2002 Policy — Appellant held entitled to the benefit of the more liberal 2002 Policy.
Insolvency and Bankruptcy Code, 2016 — Sections 7 and 14 — Corporate guarantee — Effect of demerger/amalgamation of corporate debtor — NCLT admission order under S. 7 relying on six judicial precedents to reject corporate guarantor’s plea that liability stood extinguished on demerger/amalgamation — NCLAT dismissing appeal and reproducing the same precedents — On independent verification by Supreme Court, found that of the six citations, one carried a wrong citation of an existing but different judgment together with a non-existent paragraph, three were altogether non-existent citations, and two, though correctly cited, contained paragraphs not traceable to the actual reported judgments — Held, the citations relied upon by NCLT were fake, non-existent or hallucinated, apparently AI-generated, and NCLAT failed to detect the fabrication — Orders of NCLT dated 28.08.2024 and NCLAT dated 11.09.2025 set aside — Section 7 application restored to its original number for fresh disposal strictly on merits, without expression of any opinion by the Supreme Court — NCLT directed to dispose of the application expeditiously, preferably within two weeks, with parties to maintain status quo in the interregnum.
I B C
Insolvency and Bankruptcy Code, 2016 — Sections 7 and 14 — Corporate guarantee — Effect of demerger/amalgamation of corporate debtor — NCLT admission order under S. 7 relying on six judicial precedents to reject corporate guarantor’s plea that liability stood extinguished on demerger/amalgamation — NCLAT dismissing appeal and reproducing the same precedents — On independent verification by Supreme Court, found that of the six citations, one carried a wrong citation of an existing but different judgment together with a non-existent paragraph, three were altogether non-existent citations, and two, though correctly cited, contained paragraphs not traceable to the actual reported judgments — Held, the citations relied upon by NCLT were fake, non-existent or hallucinated, apparently AI-generated, and NCLAT failed to detect the fabrication — Orders of NCLT dated 28.08.2024 and NCLAT dated 11.09.2025 set aside — Section 7 application restored to its original number for fresh disposal strictly on merits, without expression of any opinion by the Supreme Court — NCLT directed to dispose of the application expeditiously, preferably within two weeks, with parties to maintain status quo in the interregnum.
Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.
Accident
Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.
Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant.
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant.
Accident

The question is whether in case the deceased is a bachelor, a different principle for calculation of the multiplier should be applied by shifting the focus to the age of the claimants? This Court view that the answer to this question should be in the negative. This Court convinced that there is no need to once again take up this issue settled by the aforesaid judgments of three Judge Bench and also relying upon the Constitution Bench that it is the age of the deceased which has to be taken into account and not the age of the dependents.

Apr 10, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD — Appellant Vs. MANDALA YADAGARI GOUD AND OTHER — Respondent ( Before : S.A. Bobde, Sanjay Kishan…

Cheque Dishonour

Negotiable Instruments Act, 1881 (NI) – Section 138–Court cannot insist on a person to lead negative evidence. The observation of the High Court that trial court’s finding that the complainant failed to prove his financial capacity of lending money is perverse cannot be supported.–We are, thus, satisfied that accused has raised a probable defence and the findings of the trial court that complainant failed to prove his financial capacity are based on evidence led by the defence. Appeal allowed.

Apr 10, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BASALINGAPPA — Appellant Vs. MUDIBASAPPA — Respondent ( Before : Ashok Bhushan and K.M. Joseph, JJ. ) Criminal Appeal No. 636 of 2019 (Arising…

Property Matters

Auction Sale—Lease hold property or Free hold property—While interpreting the Sale Deed, the auction notice has to be looked into to find out the nature of transaction—Sale Deed cannot be read divorced to the auction notice or contrary to auction notice Unearned Increase—When the auction was made on the market value of the property, then there was no question of claiming of unearned increase by the development authority   

Apr 10, 2019 sclaw

2019(1) Law Herald (SC) 845 : 2019 LawHerald.Org 722 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal No. 1533…

I P C

“……that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under Section 498A of the Indian Penal Code.”

Apr 10, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH RUPALI DEVI — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Ranjan Gogoi, CJI, L. Nageswara Rao and Sanjay…

Labour Cases

Industrial Disputes Act, 1947, S. 17-B-Termination of Service–Non recovery of excess amount paid to employee–If the Court/Tribunal, eventually upholds the termination order as being legal against the workman, yet the employer will have no right to recover the amount already paid by him to the delinquent workman pursuant to order passed under Section 17-B of the ID Act during pendency of these proceedings      

Apr 9, 2019 sclaw

2019(1) Law Herald (SC) 829 : 2019 LawHerald.Org 718 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal Nos.…

Acquittal

Indian Penal Code, 1860, S.302 and S.120-B-Murder–Circumstantial Evidence—Acquittal—Missing Link evidence–circumstances which emerged and taken note of gives a suspicion in completing the claim of commission of crime beyond doubt—Petitioner held entitled to benefit of doubt-Petitioner acquitted.                 

Apr 8, 2019 sclaw

2019(1) Law Herald (SC) 821 : 2019 LawHerald.Org 610 IN THE SUPREME COURT OF INDIA Before HonTjel Mr. Justice Ajay Rastogi Hon’bel Mr. Justice K.M. Jospeh Criminal Appeal NO(s). 148…

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Constitution

Remission — Premature release of life convicts — Applicable policy — Conflict between Haryana’s 2002 Policy (dated 12.4.2002) and 2008 Policy (dated 13.8.2008) — Source of power — Held, the 2002 Policy, being in substance and effect referable to Article 161 of the Constitution of India (papers to be routed to the Governor for orders), is constitutional in origin, notwithstanding that it does not expressly recite the source of power — The 2008 Policy, by contrast, expressly invokes Sections 432 and 433 of the Code of Criminal Procedure, 1973 and makes the Chief Minister the deciding authority, and is thus statutory in character — A policy traceable to a statute cannot override or supersede the exercise of the constitutional power under Article 161, that power being distinct, independent and uninfluenced by any statutory power — The purported “supersession” of the 2002 Policy by the 2008 Policy is accordingly untenable in law qua convicts governed by the 2002 Policy — Appellant held entitled to the benefit of the more liberal 2002 Policy.

Jul 2, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Sections 7 and 14 — Corporate guarantee — Effect of demerger/amalgamation of corporate debtor — NCLT admission order under S. 7 relying on six judicial precedents to reject corporate guarantor’s plea that liability stood extinguished on demerger/amalgamation — NCLAT dismissing appeal and reproducing the same precedents — On independent verification by Supreme Court, found that of the six citations, one carried a wrong citation of an existing but different judgment together with a non-existent paragraph, three were altogether non-existent citations, and two, though correctly cited, contained paragraphs not traceable to the actual reported judgments — Held, the citations relied upon by NCLT were fake, non-existent or hallucinated, apparently AI-generated, and NCLAT failed to detect the fabrication — Orders of NCLT dated 28.08.2024 and NCLAT dated 11.09.2025 set aside — Section 7 application restored to its original number for fresh disposal strictly on merits, without expression of any opinion by the Supreme Court — NCLT directed to dispose of the application expeditiously, preferably within two weeks, with parties to maintain status quo in the interregnum.

Jul 2, 2026 sclaw
Accident

Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.

Jun 26, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant.

Jun 26, 2026 sclaw