Supreme Court of India Judgements

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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.
C P C

Specific Relief Act, 1963, S.34-Suit for declaration-Public Temple or Private Temple-Mahant of temple/Dera–The onus of proving that the appellant-Shri Ram Mandir falls within the description of private temple is on the appellant who is asserting that the temple is a private temple and that he is the Mahant of the temple

Apr 30, 2019 sclaw

2019(2) Law Herald (SC) 994 : 2019 LawHerald.Org 780 IN THE SUPREME COURT OF INDIA Before Hontile Mrs. Justice R. Banumathi Hon’ble Mr. Justice R. Subhash Reddy Civil Appeal No.…

Service Matters
Service

Writ Petition-Error apparent on face of record–Non speaking order-High Court dismissed the writ petition for regularization of services on the basis of pleadings which were not part of record–Judgment and order of High Court set aside-Matter remanded back for deciding the writ afresh on the basis of pleadings on record.                          

Apr 30, 2019 sclaw

2019(2) Law Herald (SC) 989 : 2019 LawHerald.Org 779 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal Nos.2544-2545 of…

Property Matters

Alienation of property of minor by natural guardian—Minor died before attaining majority—Limitation to avoid instrument made by guardian of the ward is 03 years from the death of ward as provided in Article 60 of Limitation Act Alienation of property of minor—Without praying for setting aside the sale deeds executed by natural guardian of minor (father), the suit for declaration and possession was not maintainable

Apr 29, 2019 sclaw

2019(2) Law Herald (SC) 972 : 2019 LawHerald.Org 778 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal No. 1782…

C P C

Injunction—Remand of Case—When the plaintiff’s injunction application stood dismissed by the Trial Court and the same was not carried in appeal at his instance, the same could not have been revived by the High Court in a writ petition filed by the plaintiff against the order of appellate court in favour of defendant

Apr 29, 2019 sclaw

2019(2) Law Herald (SC) 969 : 2019 LawHerald.Org 777 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal No.…

Consumer

Medical Negligence–It is not to be necessary for every professional to possess the highest level of expertise in that branch in which he practices Medical Negligence—A doctor cannot be said to be negligent if he is acting in accordance with a practice accepted as proper by a reasonable body of medical men skilled in that particular branch of medicine

Apr 29, 2019 sclaw

2019(2) Law Herald (SC) 962 : 2019 LawHerald.Org 776 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice Sanjay Kishan Kaul Civil Appeal…

Land Acquisition

There was a steep increase in the price of land in the 1990s-The material on record suggests that the Secretariat and several other commercial complexes came up just opposite the land acquired during the period—Keeping in view locational advantage of land acquired, percentage of cumulative increase enhanced from 5% per annum to 12% per annum

Apr 21, 2019 sclaw

2019(2) Law Herald (SC) 934 : 2019 LawHerald.Org 730 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageshwara Rao Hon’ble Mr. Justice M.R. Shah Civil Appeal No.…

Cheque Dishonour

SCOI::: Issue involved in this matter is whether Section 143-A introduced by the Amendment Act No.20 of 2018 in the Negotiable Instruments Act, 1881 has retrospective application or not? As an interim measure, we direct the petitioner to deposit the sum, namely 15% of the cheque amount,

Apr 21, 2019 sclaw

ITEM NO.29                COURT NO.8                SECTION II-C SUPREME     COURT     OF     INDIA RECORD OF  PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No.3342/2019 (Arising out of impugned final judgment and order dated…

Consumer

Medical Negligence—Patient was admitted with dengue fever in hospital–Hospital failed to regularly monitor the blood parameters of the patient during the course of the day as recommended in medical practice-Patient died due to cardiac arrest—Hospital held to be negligent. Medical Negligence—Standard of Proof—Where unreasonableness in professional conduct has been proven, a professional cannot escape liability for medical evidence merely by relying on opinion of a body of professionals

Apr 21, 2019 sclaw

2019(2) Law Herald (SC) 915 : 2019 LawHerald.Org 729 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr Dhananjaya Y Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…

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