Supreme Court of India Judgements

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Environmental Law — Environmental Clearance (EC) — Ex-post facto EC — The Supreme Court has held that the concept of ex-post facto Environmental Clearance is alien to Indian environmental jurisprudence and struck down notifications allowing it — However, in cases where industries were established based on Consent to Establish (CTE) and Consent to Operate (CTO) granted by Pollution Control Boards (PCBs) which were themselves unaware of the prior EC requirement, and the industries have subsequently applied for EC, the Court may allow them to operate while the EC process is pending, to avoid economic and livelihood impacts if no actual pollution is caused or norms are otherwise met. Land Revenue Records — Evidentiary Value for Title — Revenue records like Faisal Patti, Vasool Baqi, and Pahanies are primarily for fiscal purposes and do not confer title or ownership — Mutation entries do not create or extinguish title and have no presumptive value regarding ownership — Such records cannot be the sole basis for declaring title, especially when the primary document of title (patta) is not produced. Recruitment Process — Advertisement and Selection — While filling vacancies, State instrumentalities must adhere to comparative merit and avoid discrimination — A candidate in a select list does not gain an indefeasible right to appointment without specific rules to that effect. Specific Relief Act, 1963 — Section 28 — Rescission of contract for failure to pay purchase money within time limit prescribed by decree — Court’s discretion to extend time or rescind — Dismissal of appeal for non-prosecution does not result in merger of trial court decree — Permitting deposit of balance amount does not extinguish judgment-debtor’s right to seek rescission — Court can consider extending time to balance equities and compensate judgment-debtor for delay, but not automatically — Judgment-debtor’s conduct showing willful negligence is a factor for rescission. Prohibition of Benami Property Transactions Act, 1988 — Section 45 — Bar of jurisdiction of civil courts — This section bars civil courts from entertaining suits or proceedings related to matters within the jurisdiction of authorities, Adjudicating Authorities, or the Appellate Tribunal under the Act — However, the question of whether a suit falls under this bar is itself a matter that can be considered in the context of Order 7 Rule 11 or Order XIV Rule 2.
Environment

Environmental Law — Environmental Clearance (EC) — Ex-post facto EC — The Supreme Court has held that the concept of ex-post facto Environmental Clearance is alien to Indian environmental jurisprudence and struck down notifications allowing it — However, in cases where industries were established based on Consent to Establish (CTE) and Consent to Operate (CTO) granted by Pollution Control Boards (PCBs) which were themselves unaware of the prior EC requirement, and the industries have subsequently applied for EC, the Court may allow them to operate while the EC process is pending, to avoid economic and livelihood impacts if no actual pollution is caused or norms are otherwise met.

May 11, 2026 sclaw
Environmental Law — Environmental Clearance (EC) — Ex-post facto EC — The Supreme Court has held that the concept of ex-post facto Environmental Clearance is alien to Indian environmental jurisprudence and struck down notifications allowing it — However, in cases where industries were established based on Consent to Establish (CTE) and Consent to Operate (CTO) granted by Pollution Control Boards (PCBs) which were themselves unaware of the prior EC requirement, and the industries have subsequently applied for EC, the Court may allow them to operate while the EC process is pending, to avoid economic and livelihood impacts if no actual pollution is caused or norms are otherwise met.
Environment
Environmental Law — Environmental Clearance (EC) — Ex-post facto EC — The Supreme Court has held that the concept of ex-post facto Environmental Clearance is alien to Indian environmental jurisprudence and struck down notifications allowing it — However, in cases where industries were established based on Consent to Establish (CTE) and Consent to Operate (CTO) granted by Pollution Control Boards (PCBs) which were themselves unaware of the prior EC requirement, and the industries have subsequently applied for EC, the Court may allow them to operate while the EC process is pending, to avoid economic and livelihood impacts if no actual pollution is caused or norms are otherwise met.
Land Revenue Records — Evidentiary Value for Title — Revenue records like Faisal Patti, Vasool Baqi, and Pahanies are primarily for fiscal purposes and do not confer title or ownership — Mutation entries do not create or extinguish title and have no presumptive value regarding ownership — Such records cannot be the sole basis for declaring title, especially when the primary document of title (patta) is not produced.
State Laws
Land Revenue Records — Evidentiary Value for Title — Revenue records like Faisal Patti, Vasool Baqi, and Pahanies are primarily for fiscal purposes and do not confer title or ownership — Mutation entries do not create or extinguish title and have no presumptive value regarding ownership — Such records cannot be the sole basis for declaring title, especially when the primary document of title (patta) is not produced.
Recruitment Process — Advertisement and Selection — While filling vacancies, State instrumentalities must adhere to comparative merit and avoid discrimination — A candidate in a select list does not gain an indefeasible right to appointment without specific rules to that effect.
Service
Recruitment Process — Advertisement and Selection — While filling vacancies, State instrumentalities must adhere to comparative merit and avoid discrimination — A candidate in a select list does not gain an indefeasible right to appointment without specific rules to that effect.
Specific Relief Act, 1963 — Section 28 — Rescission of contract for failure to pay purchase money within time limit prescribed by decree — Court’s discretion to extend time or rescind — Dismissal of appeal for non-prosecution does not result in merger of trial court decree — Permitting deposit of balance amount does not extinguish judgment-debtor’s right to seek rescission — Court can consider extending time to balance equities and compensate judgment-debtor for delay, but not automatically — Judgment-debtor’s conduct showing willful negligence is a factor for rescission.
C P C Specific Relief Act
Specific Relief Act, 1963 — Section 28 — Rescission of contract for failure to pay purchase money within time limit prescribed by decree — Court’s discretion to extend time or rescind — Dismissal of appeal for non-prosecution does not result in merger of trial court decree — Permitting deposit of balance amount does not extinguish judgment-debtor’s right to seek rescission — Court can consider extending time to balance equities and compensate judgment-debtor for delay, but not automatically — Judgment-debtor’s conduct showing willful negligence is a factor for rescission.
Cr P C

Criminal Procedure Code, 1973, S. 167(2)–Criminal Procedure Code, 1973, S. 309–Criminal Procedure Code, 1973, S. 173(8)–Investigation–Investigation and re-investigation stand on different footing–Investigation into an offence completed by Police Challan submitted–Superior can order further investigation and not re-investigation–Court cannot give custody of accused to new agent for custodial interrogation.  

Nov 26, 2018 sclaw

2010(1) LAW HERALD (SC) 521 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 941 of 2009…

I P C

Rape on a minor girl–Defence that they were falsely implicated due to enmity–Alleged dispute over a common wall was not of such a grave nature compeling the entire family of the prosecutrix to go to the extent of the putting at stake its reputation and fair name of a young girl child to settle the scores with the accused.

Nov 26, 2018 sclaw

2010(1) LAW HERALD (SC) 538 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B. Sudershan Reddy The Hon’ble Mr. Justice J.M. Panchal Criminal Appeal Nos. 70-72 of…

Accident

Accident–Liability of insurance company–Death of a person travelling in a private car–Whether the insurance policy covered the risk of the passenger travelling in the car–Such person indisputably would come within the purview of the liability to third party–There being no limitation with regard to coverage, in terms of the provisions of the Act, no upper limit is fixed–Liability of the insurer, thus unlike the old Act, may not be limited–Matter requires consideration by a Larger Bench

Nov 26, 2018 sclaw

2010(1) LAW HERALD (SC) 513 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Dr. Mukundakam Sharma Civil Appeal No. 3335 of…

Cr P C

Criminal Procedure Code, 1973, S. 427 and 428–Set off–Benefit of set off–Whether a person, who has been convicted in several cases and has suffered detention or imprisonment in connection therewith, would be entitled to the benefit of set-off in a separate case for the period of detention or imprisonment undergone by him in the other case–Held; No

Nov 25, 2018 sclaw

2010(1) LAW HERALD (SC) 509 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Cyriac Joseph Criminal M.P. No. 13384 of 2009…

Acquittal

Indian Penal Code, 1860, S. 498-A and 406–Quashing of complaint–Cruelty to wife-Wife filed complaint under Section 498-A, 406 I.P.C. against husband and his parents–Major allegations against husband with only minor reference to the in-laws–Death of husband during pendency of trial–Husband already dead complaint against in-laws quashed.

Nov 25, 2018 sclaw

2010(1) LAW HERALD (SC) 507 IN THE SUPREME COURT OF INDIA Before  The Hon’ble Mr. Justice V.S.Sirpurkar The Hon’ble Mr. Justice Deepak Verma Criminal Appeal No. 949 of 2003 Neelu…

Acquittal

Suicide by bride within two years of marriage–Mother-in-law made accused, because in a letter to her husband deceased had stated that she was horrible and custody of child should not be given to her–Old mother-in-law was made scapegoat relying on the age old concept of bickering between the mother-in-law and daughter-in-law–Order of conviction set aside.

Nov 25, 2018 sclaw

  2010(1) LAW HERALD (SC) 504 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S.Sirpurkar The Hon’ble Mr. Justice Deepak Verma Criminal Appeal No. 1198 of 2003…

I P C

Indian Penal Code, 1860, S. 307 and 326–Attempt to murder–Grievous Hurt–Altercation between both parties–Accused caused two injuries on the person of complainant, one on the chest and other on the shoulder with a knife– Victim had remained in hospital for fifteen days due to the injuries caused to him, makes out a case of grievous hurt–Conviction under Section 307 I.P.C.  converted to one under Section 326–Accused faced trial for 22 years–Sentence reduced from 2 years to period already under gone.                                                  

Nov 25, 2018 sclaw

2010(1) LAW HERALD (SC) 499 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Harjit Singh Bedi The Hon’ble Mr. Justice Deepak Verma Criminal Appeal No. 1012 of…

Cr P C

Criminal Procedure Code, 1973, S. 160, 170(2) and 171–Constitution of India, Article 21–Identification of Prisoners Act, 1920, S. 3, 4 and 5–M.P. Police  Regulations, Regn. 2–Identification of prisoners–Impersonation–High Court directed the State Govt. to make amendment in Rules and to provide for taking of photographs of accused, important witness and prisoners etc. as a safeguard to avoid impersonation–Directions given by the High Court upheld but modified.       

Nov 25, 2018 sclaw

  2010(1) LAW HERALD (SC) 495 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain The Hon’ble Mr. Justice Mukundakam…

You missed

Environment

Environmental Law — Environmental Clearance (EC) — Ex-post facto EC — The Supreme Court has held that the concept of ex-post facto Environmental Clearance is alien to Indian environmental jurisprudence and struck down notifications allowing it — However, in cases where industries were established based on Consent to Establish (CTE) and Consent to Operate (CTO) granted by Pollution Control Boards (PCBs) which were themselves unaware of the prior EC requirement, and the industries have subsequently applied for EC, the Court may allow them to operate while the EC process is pending, to avoid economic and livelihood impacts if no actual pollution is caused or norms are otherwise met.

May 11, 2026 sclaw
State Laws

Land Revenue Records — Evidentiary Value for Title — Revenue records like Faisal Patti, Vasool Baqi, and Pahanies are primarily for fiscal purposes and do not confer title or ownership — Mutation entries do not create or extinguish title and have no presumptive value regarding ownership — Such records cannot be the sole basis for declaring title, especially when the primary document of title (patta) is not produced.

May 11, 2026 sclaw
Service

Recruitment Process — Advertisement and Selection — While filling vacancies, State instrumentalities must adhere to comparative merit and avoid discrimination — A candidate in a select list does not gain an indefeasible right to appointment without specific rules to that effect.

May 11, 2026 sclaw
C P C Specific Relief Act

Specific Relief Act, 1963 — Section 28 — Rescission of contract for failure to pay purchase money within time limit prescribed by decree — Court’s discretion to extend time or rescind — Dismissal of appeal for non-prosecution does not result in merger of trial court decree — Permitting deposit of balance amount does not extinguish judgment-debtor’s right to seek rescission — Court can consider extending time to balance equities and compensate judgment-debtor for delay, but not automatically — Judgment-debtor’s conduct showing willful negligence is a factor for rescission.

May 11, 2026 sclaw