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Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 223(1) first proviso — Applicability of — Proceedings under Prevention of Money Laundering Act, 2002 (PMLA) filed before commencement of BNSS — Cognizance taken after commencement of BNSS — Accused not given opportunity of hearing at cognizance stage — Provision mandates hearing of accused before taking cognizance — Non-compliance is an illegality vitiating cognizance order — High Court judgment set aside. Constitution of India, 1950 — Article 142 — Extraordinary powers of Supreme Court — Directions issued by Supreme Court cannot supplant substantive law or disregard express statutory provisions unless necessary for complete justice, considering public policy and balancing equities. [Paras 50-54] – Stray Dog Management — Public Safety vs. Animal Welfare — Supreme Court must strike a balance between public safety under Article 21 and humane treatment of stray animals, prioritising human life and safety Unlawful Activities (Prevention) Act, 1967 — Offences under Sections 10(a)(i), 10(a)(iv), and 38(1) — Indian Penal Code, 1860 — Section 120B — Poisons Act, 1919 — Section 6 — Foreigners Act, 1946 — Section 14(c) — Passport Act, 1967 — Section 3 read with Section 12(1)(a) — Conviction for charges including conspiracy to revive banned organization LTTE — Appeal against conviction and sentence — Supreme Court’s finding that appellant was falsely implicated due to mistaken identity — Reliance on oral testimony of two key witnesses who introduced crucial alias name “Ranjan” years after the alleged incident and only after appellant’s arrest — Inconsistencies and material improvements in their testimonies — Failure of prosecution to establish identity with reliable oral or documentary evidence — Absence of any contemporaneous description, documentary linkage, or independent corroboration connecting appellant to the alleged absconding accused “Sri” — Appellant residing openly and lawfully as a refugee, pursuing visa to Switzerland inconsistent with being an absconding accused — Conviction and sentence set aside — Appeal allowed; appellant acquitted. Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) — Section 126(1)(b) — Transferable Development Rights (TDR) — Compensation for land acquisition reserved for public purpose — Landowner entitled to TDR against land surrendered and ‘further’ TDR for development of amenity on the surrendered land — Corporation’s argument that agreements (LOI, Undertaking, Maintenance Agreement) waived landowner’s right to claim additional amenity TDR rejected — Held, statutory rights cannot be derogated from by executive circulars or agreements. Contract Law — Tender Documents — Earnest Money Deposit (EMD) — Interpretation of Tender Clauses — Mandatory vs — Optional Conditions — Clause 2.13(a)(xiii) and Clause 2.13(b) of the tender document specifying the form of EMD for out-of-state bidders used the word “may submit”, indicating an optional, not mandatory, requirement.
Acquittal Bhartiya Nagrik Suraksha Sanhita

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 223(1) first proviso — Applicability of — Proceedings under Prevention of Money Laundering Act, 2002 (PMLA) filed before commencement of BNSS — Cognizance taken after commencement of BNSS — Accused not given opportunity of hearing at cognizance stage — Provision mandates hearing of accused before taking cognizance — Non-compliance is an illegality vitiating cognizance order — High Court judgment set aside.

May 23, 2026 sclaw
Constitution

Constitution of India, 1950 — Article 142 — Extraordinary powers of Supreme Court — Directions issued by Supreme Court cannot supplant substantive law or disregard express statutory provisions unless necessary for complete justice, considering public policy and balancing equities. [Paras 50-54] – Stray Dog Management — Public Safety vs. Animal Welfare — Supreme Court must strike a balance between public safety under Article 21 and humane treatment of stray animals, prioritising human life and safety

May 23, 2026 sclaw
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 223(1) first proviso — Applicability of — Proceedings under Prevention of Money Laundering Act, 2002 (PMLA) filed before commencement of BNSS — Cognizance taken after commencement of BNSS — Accused not given opportunity of hearing at cognizance stage — Provision mandates hearing of accused before taking cognizance — Non-compliance is an illegality vitiating cognizance order — High Court judgment set aside.
Acquittal Bhartiya Nagrik Suraksha Sanhita
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 223(1) first proviso — Applicability of — Proceedings under Prevention of Money Laundering Act, 2002 (PMLA) filed before commencement of BNSS — Cognizance taken after commencement of BNSS — Accused not given opportunity of hearing at cognizance stage — Provision mandates hearing of accused before taking cognizance — Non-compliance is an illegality vitiating cognizance order — High Court judgment set aside.
Constitution of India, 1950 — Article 142 — Extraordinary powers of Supreme Court — Directions issued by Supreme Court cannot supplant substantive law or disregard express statutory provisions unless necessary for complete justice, considering public policy and balancing equities. [Paras 50-54] – Stray Dog Management — Public Safety vs. Animal Welfare — Supreme Court must strike a balance between public safety under Article 21 and humane treatment of stray animals, prioritising human life and safety
Constitution
Constitution of India, 1950 — Article 142 — Extraordinary powers of Supreme Court — Directions issued by Supreme Court cannot supplant substantive law or disregard express statutory provisions unless necessary for complete justice, considering public policy and balancing equities. [Paras 50-54] – Stray Dog Management — Public Safety vs. Animal Welfare — Supreme Court must strike a balance between public safety under Article 21 and humane treatment of stray animals, prioritising human life and safety
Unlawful Activities (Prevention) Act, 1967 — Offences under Sections 10(a)(i), 10(a)(iv), and 38(1) — Indian Penal Code, 1860 — Section 120B — Poisons Act, 1919 — Section 6 — Foreigners Act, 1946 — Section 14(c) — Passport Act, 1967 — Section 3 read with Section 12(1)(a) — Conviction for charges including conspiracy to revive banned organization LTTE — Appeal against conviction and sentence — Supreme Court’s finding that appellant was falsely implicated due to mistaken identity — Reliance on oral testimony of two key witnesses who introduced crucial alias name “Ranjan” years after the alleged incident and only after appellant’s arrest — Inconsistencies and material improvements in their testimonies — Failure of prosecution to establish identity with reliable oral or documentary evidence — Absence of any contemporaneous description, documentary linkage, or independent corroboration connecting appellant to the alleged absconding accused “Sri” — Appellant residing openly and lawfully as a refugee, pursuing visa to Switzerland inconsistent with being an absconding accused — Conviction and sentence set aside — Appeal allowed; appellant acquitted.
Acquittal
Unlawful Activities (Prevention) Act, 1967 — Offences under Sections 10(a)(i), 10(a)(iv), and 38(1) — Indian Penal Code, 1860 — Section 120B — Poisons Act, 1919 — Section 6 — Foreigners Act, 1946 — Section 14(c) — Passport Act, 1967 — Section 3 read with Section 12(1)(a) — Conviction for charges including conspiracy to revive banned organization LTTE — Appeal against conviction and sentence — Supreme Court’s finding that appellant was falsely implicated due to mistaken identity — Reliance on oral testimony of two key witnesses who introduced crucial alias name “Ranjan” years after the alleged incident and only after appellant’s arrest — Inconsistencies and material improvements in their testimonies — Failure of prosecution to establish identity with reliable oral or documentary evidence — Absence of any contemporaneous description, documentary linkage, or independent corroboration connecting appellant to the alleged absconding accused “Sri” — Appellant residing openly and lawfully as a refugee, pursuing visa to Switzerland inconsistent with being an absconding accused — Conviction and sentence set aside — Appeal allowed; appellant acquitted.
Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) — Section 126(1)(b) — Transferable Development Rights (TDR) — Compensation for land acquisition reserved for public purpose — Landowner entitled to TDR against land surrendered and ‘further’ TDR for development of amenity on the surrendered land — Corporation’s argument that agreements (LOI, Undertaking, Maintenance Agreement) waived landowner’s right to claim additional amenity TDR rejected — Held, statutory rights cannot be derogated from by executive circulars or agreements.
Land Acquisition Municipal Laws
Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) — Section 126(1)(b) — Transferable Development Rights (TDR) — Compensation for land acquisition reserved for public purpose — Landowner entitled to TDR against land surrendered and ‘further’ TDR for development of amenity on the surrendered land — Corporation’s argument that agreements (LOI, Undertaking, Maintenance Agreement) waived landowner’s right to claim additional amenity TDR rejected — Held, statutory rights cannot be derogated from by executive circulars or agreements.
State Laws

Courts below held that the petitioners had knowledge of the concession made in favour of C and negated their contention that they were not aware of the same till they signed the compromise petition before this Court in another appeal–Order, upheld–No reason to interfere with the judgment and order of the High Court impugned in these proceedings-

Dec 25, 2018 sclaw

2010(2) LAW HERALD (SC) 781 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Cyriac Joseph Special Leave Petition (Civil) No. 6286…

Matrimonial

Hindu Marriage Act, 1955, S. 13–Divorce–Mental Cruelty–To establish cruelty it is not necessary that physical violence should be used-However continued ill-treatment cessation of marital intercourse, studied neglect, indifference of one spouse to the other may lead to an inference of cruelty.   

Dec 25, 2018 sclaw

2010(2) LAW HERALD (SC) 756 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Mr. Justice Surinder Singh Nijjar Civil Appeal No. 5387 of…

I P C

Murder—Single blow—One injury was caused to the deceased by farsi blow on the head which indicates that the appellant has not taken undue advantage of the deceased—Conviction u/s 302IPC modified to be u/s 304 Part-IIPC

Dec 23, 2018 sclaw

2018(4) Law Herald (SC) 3070 : 2018 LawHerald.org 1787 IN THE SUPREME COURT OF INDIA                                              Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal No.…

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Acquittal Bhartiya Nagrik Suraksha Sanhita

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 223(1) first proviso — Applicability of — Proceedings under Prevention of Money Laundering Act, 2002 (PMLA) filed before commencement of BNSS — Cognizance taken after commencement of BNSS — Accused not given opportunity of hearing at cognizance stage — Provision mandates hearing of accused before taking cognizance — Non-compliance is an illegality vitiating cognizance order — High Court judgment set aside.

May 23, 2026 sclaw
Constitution

Constitution of India, 1950 — Article 142 — Extraordinary powers of Supreme Court — Directions issued by Supreme Court cannot supplant substantive law or disregard express statutory provisions unless necessary for complete justice, considering public policy and balancing equities. [Paras 50-54] – Stray Dog Management — Public Safety vs. Animal Welfare — Supreme Court must strike a balance between public safety under Article 21 and humane treatment of stray animals, prioritising human life and safety

May 23, 2026 sclaw
Acquittal

Unlawful Activities (Prevention) Act, 1967 — Offences under Sections 10(a)(i), 10(a)(iv), and 38(1) — Indian Penal Code, 1860 — Section 120B — Poisons Act, 1919 — Section 6 — Foreigners Act, 1946 — Section 14(c) — Passport Act, 1967 — Section 3 read with Section 12(1)(a) — Conviction for charges including conspiracy to revive banned organization LTTE — Appeal against conviction and sentence — Supreme Court’s finding that appellant was falsely implicated due to mistaken identity — Reliance on oral testimony of two key witnesses who introduced crucial alias name “Ranjan” years after the alleged incident and only after appellant’s arrest — Inconsistencies and material improvements in their testimonies — Failure of prosecution to establish identity with reliable oral or documentary evidence — Absence of any contemporaneous description, documentary linkage, or independent corroboration connecting appellant to the alleged absconding accused “Sri” — Appellant residing openly and lawfully as a refugee, pursuing visa to Switzerland inconsistent with being an absconding accused — Conviction and sentence set aside — Appeal allowed; appellant acquitted.

May 23, 2026 sclaw
Land Acquisition Municipal Laws

Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) — Section 126(1)(b) — Transferable Development Rights (TDR) — Compensation for land acquisition reserved for public purpose — Landowner entitled to TDR against land surrendered and ‘further’ TDR for development of amenity on the surrendered land — Corporation’s argument that agreements (LOI, Undertaking, Maintenance Agreement) waived landowner’s right to claim additional amenity TDR rejected — Held, statutory rights cannot be derogated from by executive circulars or agreements.

May 23, 2026 sclaw