Supreme Court of India Judgements

April 10, 2025 9:22 pm

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For an offence under Section 3(1)(r) (intentional insult/intimidation) or Section 3(1)(s) (abuse by caste name) of the SC/ST Act, the act must occur “within public view” Preliminary enquiry is not mandatory for registering a disproportionate assets FIR under the PC Act if the Superintendent of Police’s order under S.17 relies on sufficient material (like a source report) demonstrating application of mind. The interpretation of a written agreement to determine if it grants a ‘leave and license’ (potentially attracting deemed tenancy under S.15A Bombay Rent Act) or merely permits ‘conducting a business’ depends primarily on its written terms construed under Ss. 91/92 Evidence Act, excluding contradictory oral evidence. Eligibility for dynamic reservation categories (OBC-NCL/EWS etc.) requires possessing a category certificate valid under applicable rules (including period/affidavits) as of the recruitment’s cut-off date (last application date if unspecified). Absence of the mandatory Rule 9 (CMVR) hazardous goods endorsement on a driver’s licence constitutes a fundamental policy breach, permitting insurer pay-and-recover, especially when negligent driving causes the accident.

SC/ST

For an offence under Section 3(1)(r) (intentional insult/intimidation) or Section 3(1)(s) (abuse by caste name) of the SC/ST Act, the act must occur “within public view”

Apr 10, 2025 sclaw

Corruption

Preliminary enquiry is not mandatory for registering a disproportionate assets FIR under the PC Act if the Superintendent of Police’s order under S.17 relies on sufficient material (like a source report) demonstrating application of mind.

Apr 10, 2025 sclaw

SC/ST

For an offence under Section 3(1)(r) (intentional insult/intimidation) or Section 3(1)(s) (abuse by caste name) of the SC/ST Act, the act must occur “within public view”

Apr 10, 2025 sclaw

Corruption

Preliminary enquiry is not mandatory for registering a disproportionate assets FIR under the PC Act if the Superintendent of Police’s order under S.17 relies on sufficient material (like a source report) demonstrating application of mind.

Apr 10, 2025 sclaw

Evidence Act

The interpretation of a written agreement to determine if it grants a ‘leave and license’ (potentially attracting deemed tenancy under S.15A Bombay Rent Act) or merely permits ‘conducting a business’ depends primarily on its written terms construed under Ss. 91/92 Evidence Act, excluding contradictory oral evidence.

Apr 10, 2025 sclaw

Service

Eligibility for dynamic reservation categories (OBC-NCL/EWS etc.) requires possessing a category certificate valid under applicable rules (including period/affidavits) as of the recruitment’s cut-off date (last application date if unspecified).

Apr 10, 2025 sclaw

Accident

Absence of the mandatory Rule 9 (CMVR) hazardous goods endorsement on a driver’s licence constitutes a fundamental policy breach, permitting insurer pay-and-recover, especially when negligent driving causes the accident.

Apr 10, 2025 sclaw

SC/ST

For an offence under Section 3(1)(r) (intentional insult/intimidation) or Section 3(1)(s) (abuse by caste name) of the SC/ST Act, the act must occur “within public view”

Corruption

Preliminary enquiry is not mandatory for registering a disproportionate assets FIR under the PC Act if the Superintendent of Police’s order under S.17 relies on sufficient material (like a source report) demonstrating application of mind.

Evidence Act

The interpretation of a written agreement to determine if it grants a ‘leave and license’ (potentially attracting deemed tenancy under S.15A Bombay Rent Act) or merely permits ‘conducting a business’ depends primarily on its written terms construed under Ss. 91/92 Evidence Act, excluding contradictory oral evidence.

Service

Eligibility for dynamic reservation categories (OBC-NCL/EWS etc.) requires possessing a category certificate valid under applicable rules (including period/affidavits) as of the recruitment’s cut-off date (last application date if unspecified).

Service

Army Rules, 1954 – Rule 13(3)(III)(v) – Discharge from service – Offences for which the red ink entries are awarded, cannot be said to be such gross misconduct which would make the appellant indiscipline and liable to be discharged from service and that too, after a period of long service rendered by him – Order of discharge is wholly unjustified and not sustainable at law – Appeal allowed.

Consumer

Consumer Protection Act, 1986 – Section 2(d)(ii) – Deficiency in service – Any loss arising out of inaction and negligence on the part of the Bank, such deficiency is compensable under the provisions of the Consumer Protection Act, 1986

Acquittal

(IPC) – Section 409 – Criminal breach of trust by public servant, or by banker, merchant or agent -‘criminal breach of trust’ is defined under Section 405 IPC which provides, inter alia, that whoever being in any manner entrusted with property or with any dominion over a property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property contrary to law, or in violation of any law prescribing the mode in which such trust is to be discharged, or contravenes any legal contract, express or implied, etc. shall be held to have committed criminal breach of trust

Service

Termination–Reservation–In advertisement, authorities failed to mention in regard to reservation for handicapped person at the outset–Appellants who were handicapped person were appointed–On Contempt petition State cancelled the selection and terminated the service–Service restored with backwages.

SC/ST

For an offence under Section 3(1)(r) (intentional insult/intimidation) or Section 3(1)(s) (abuse by caste name) of the SC/ST Act, the act must occur “within public view”

Corruption

Preliminary enquiry is not mandatory for registering a disproportionate assets FIR under the PC Act if the Superintendent of Police’s order under S.17 relies on sufficient material (like a source report) demonstrating application of mind.

Evidence Act

The interpretation of a written agreement to determine if it grants a ‘leave and license’ (potentially attracting deemed tenancy under S.15A Bombay Rent Act) or merely permits ‘conducting a business’ depends primarily on its written terms construed under Ss. 91/92 Evidence Act, excluding contradictory oral evidence.

Service

Eligibility for dynamic reservation categories (OBC-NCL/EWS etc.) requires possessing a category certificate valid under applicable rules (including period/affidavits) as of the recruitment’s cut-off date (last application date if unspecified).

Property Matters

Agreement to Sell-Specific Performance-Land was allotted to seller with a condition that it would not be transferred for 10 years-No decree of specific performance can be passed on such agreement to sell-Impugned order granting decree set aside-Earnest money to be refunded with 6% interest.

Apr 19, 2018 sclaw

(2016) 160 AIC 257 : (2016) AIR(SCW) 737 : (2016) AIR(SC) 737 : (2016) AllSCR 421 : (2016) 2 AllWC 1615 : (2016) 116 ALR 558 : (2016) 2 AndhLD…

Bail Declined

Penal Code, 1860 (IPC) — Sections 363, 365, 34 — Kidnapping — High Court order allowed the petition and granted anticipatory bail to them — Appeal- Sessions Judge examined the case diary and found that the witnesses examined by the IO during the investigation had supported the case of the prosecution. The victim boy has not been traced so far — High Court without assigning any reasons has granted the anticipatory bail. Having regard to the nature and gravity of the accusations — High Court was not justified in granting anticipatory bail — Appeal allowed.

Apr 16, 2018 sclaw

2017) AllSCR(Crl) 1831 : (2017) 4 CriCC 827 : (2017) CriLR 1037 : (2017) 4 ECrC 316 : (2017) 4 JLJR 143 : (2017) 4 LawHerald(SC) 2616 : (2018) 1 NCC 125 : (2017)…

Cr P C

Essential Commodities Act , 1955 Section 7 – Release on probation – Sentence 3 months RI – First offenders have no criminal antecedents– Sentence set aside — To be dealt with under Section 360 Cr PC – Probation of Offenders Act, 1958

Apr 16, 2018 sclaw

(2017) 68 OrissaCriR 994 : (2017) 4 LawHerald(SC) 2615 : (2017) 4 Crimes 164 : (2017) CriLR 1153 : (2017) 4 BLJud 169 : (2017) 3 ApexCourtJudgments(SC) 702 : (2017) 180 AIC 19 :…

I P C

Attempt to murder — Accused fired gunshots without pre-meditation on non vital parts of body — Intention to kill not proved– Accused acquitted under S 307 convicted under 324 IPC– Sentence already undergone.

Apr 16, 2018 sclaw

(2017) 4 LawHerald(SC) 2613 : (2017) 4 Crimes 163 : (2017) 4 BomCR(Cri) 794 : (2017) 4 BLJud 170 : (2017) 68 OrissaCriR 993 : (2017) AllSCR(Crl) 1866 : (2017) 4 CalCriLR 366 :…

C P C

Written statement – CPC Or 8 r 1 and Section 35 — High court remanded case to trial court with subject to payment of costs — Order upheld

Apr 14, 2018 sclaw

(2017) 178 AIC 216 : (2017) 124 ALR 906 : (2017) 3 ARC 348 : (2017) 3 HLT 289 : (2018) 1 ICC 240 : (2017) 4 JCR 313 :…

Cr P C

Confiscation Order – The seized goods in question were being brought from Karnataka by the owner of the Jeep; and secondly, it could not be proved that the goods belonged to the State of Kerala — High Court was justified in quashing confiscation order made under Section 61-A of the Act

Apr 14, 2018 sclaw

(2017) 178 AIC 248 : (2017) AllSCR 1841 : (2017) 7 FLT 881 : (2017) 10 JT 579 : (2017) 4 KLT 703 : (2017) 4 LawHerald(SC) 2608 : (2017) 11 SCALE 223 :…

Constitution

Advocates—Designation of Senior Lawyer—Guidelines/norms laid down which henceforth would govern the exercise of designation of Senior Advocates by the Supreme Court and all High Courts in the country.

Apr 9, 2018 sclaw

(2017) AIR(SCW) 5017 : (2018) 1 AIRBomR 69 : (2017) AIR(SC) 5017 : (2017) 6 AllWC 6049 : (2017) 4 Crimes 184 : (2017) ILR(Karnataka) 5037 : (2017)…

Murder

Murder–Common Intention—Overt Act—If common intention by meeting of minds is established in the facts and circumstances of the case, there is no need to prove overt act or possession of weapon, to establish common intention

Apr 9, 2018 sclaw

(2017) 101 ACrC 278 : (2017) 178 AIC 153 : (2017) 3 AICLR 685 : (2017) AIR(SCW) 3588 : (2017) AIR(SC) 3588 : (2017) ALLMR(Cri) 3543 : (2017) 2…

Cr P C

IMP : Quashing—Compromise between parties—In a case involving extortion, forgery and conspiracy where all the appellants were acting as a team, it was not in the interest of society to quash the FIR on the ground that a settlement had been arrived at with the complainant,

Apr 8, 2018 sclaw

(2018) 1 AICLR 301 : (2017) AIR(SCW) 4843 : (2017) AIR(SC) 4843 : (2017) 3 AllCrlRulings 2714 : (2017) ALLMR(Cri) 4438 : (2017) 4 BLJud 136 : (2017) 4…

Civil Cases

IMP : Electricity—Auction Sale of Property—Auction purchaser cannot be called upon to clear the past arrears and a power connection to an auction purchaser cannot be withheld for the dues of the past owner.

Apr 8, 2018 sclaw

(2017) 178 AIC 145 : (2017) AIR(SCW) 3862 : (2017) AIR(SC) 3862 : (2017) 3 ApexCourtJudgments(SC) 206 : (2017) 4 CivCC 484 : (2017) 3 CPR 267 : (2017)…

You missed

SC/ST

For an offence under Section 3(1)(r) (intentional insult/intimidation) or Section 3(1)(s) (abuse by caste name) of the SC/ST Act, the act must occur “within public view”

Apr 10, 2025 sclaw

Corruption

Preliminary enquiry is not mandatory for registering a disproportionate assets FIR under the PC Act if the Superintendent of Police’s order under S.17 relies on sufficient material (like a source report) demonstrating application of mind.

Apr 10, 2025 sclaw

Evidence Act

The interpretation of a written agreement to determine if it grants a ‘leave and license’ (potentially attracting deemed tenancy under S.15A Bombay Rent Act) or merely permits ‘conducting a business’ depends primarily on its written terms construed under Ss. 91/92 Evidence Act, excluding contradictory oral evidence.

Apr 10, 2025 sclaw

Service

Eligibility for dynamic reservation categories (OBC-NCL/EWS etc.) requires possessing a category certificate valid under applicable rules (including period/affidavits) as of the recruitment’s cut-off date (last application date if unspecified).

Apr 10, 2025 sclaw