Supreme Court of India Judgements

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Penal Code, 1860 (IPC) — Sections 405 and 406 — Criminal Breach of Trust — Entrustment — Refundable security deposit paid under Joint Development Agreement (JDA) — Held, mere payment of refundable security deposit as consideration for GPA does not amount to “entrustment” of property — FIR and chargesheet silent on manner of misappropriation/conversion — Bald, omnibus allegation of dishonest retention, unsupported by cogent material, insufficient to sustain charge under S. 405 — Mere non-refund of money does not constitute criminal breach of trust. Constitution of India, 1950 — Article 226 — Maintainability of writ petition — Disputed questions of fact — Effect of long pendency — Where a writ petition seeking compensation had remained pending for over a decade and a half before being dismissed on the ground of “disputed questions of fact,” relegating the claimant to a fresh remedy before the Civil Court after such efflux of time would render the claimant remediless — On this short ground alone, interference with the impugned judgment was warranted, particularly where the underlying facts of the incident stood undisputed and unchallenged throughout. Criminal Procedure Code, 1973 (CrPC) — Section 125(4) — Application of principles to facts — Remand — Trial Court erred in holding that the adultery issue could only be decided at final adjudication, rendering the statutory scheme otiose; since photographic/electronic evidence of adultery was placed on record requiring evaluation, the Trial Court was directed to decide the S. 125(4) application on merits, with interim maintenance continuing till such decision — matter remanded. Specific Relief Act, 1963 — Section 20 — Specific performance — Discretionary and equitable relief — Clean hands — Grant of specific performance is discretionary, not automatic even where a valid contract subsists; a plaintiff must approach the Court with clean hands. Where the plaintiff’s spouse lodged a criminal complaint seeking recovery of the advance paid, alleging the vendor fraudulently suppressed a subsisting injunction, while simultaneously maintaining a civil suit for specific performance, such conduct amounts to blowing “hot and cold” and disentitles the plaintiff to equitable relief. Criminal Procedure Code, 1973 (CrPC) — Section 299 — Absence of order — Effect on conviction — Where no order under S. 299 was ever passed at the stage the co-accused was tried (case having been split due to abscondence), the earlier deposition of a witness (since deceased) could not be relied upon to convict the accused apprehended and tried years later; identification by surviving eyewitnesses being doubtful and other witnesses having turned hostile, conviction based on such uncorroborated prior testimony unsustainable — appellant acquitted.
I P C

Penal Code, 1860 (IPC) — Sections 405 and 406 — Criminal Breach of Trust — Entrustment — Refundable security deposit paid under Joint Development Agreement (JDA) — Held, mere payment of refundable security deposit as consideration for GPA does not amount to “entrustment” of property — FIR and chargesheet silent on manner of misappropriation/conversion — Bald, omnibus allegation of dishonest retention, unsupported by cogent material, insufficient to sustain charge under S. 405 — Mere non-refund of money does not constitute criminal breach of trust.

Aug 2, 2026 sclaw
Constitution

Constitution of India, 1950 — Article 226 — Maintainability of writ petition — Disputed questions of fact — Effect of long pendency — Where a writ petition seeking compensation had remained pending for over a decade and a half before being dismissed on the ground of “disputed questions of fact,” relegating the claimant to a fresh remedy before the Civil Court after such efflux of time would render the claimant remediless — On this short ground alone, interference with the impugned judgment was warranted, particularly where the underlying facts of the incident stood undisputed and unchallenged throughout.

Aug 2, 2026 sclaw
Penal Code, 1860 (IPC) — Sections 405 and 406 — Criminal Breach of Trust — Entrustment — Refundable security deposit paid under Joint Development Agreement (JDA) — Held, mere payment of refundable security deposit as consideration for GPA does not amount to “entrustment” of property — FIR and chargesheet silent on manner of misappropriation/conversion — Bald, omnibus allegation of dishonest retention, unsupported by cogent material, insufficient to sustain charge under S. 405 — Mere non-refund of money does not constitute criminal breach of trust.
I P C
Penal Code, 1860 (IPC) — Sections 405 and 406 — Criminal Breach of Trust — Entrustment — Refundable security deposit paid under Joint Development Agreement (JDA) — Held, mere payment of refundable security deposit as consideration for GPA does not amount to “entrustment” of property — FIR and chargesheet silent on manner of misappropriation/conversion — Bald, omnibus allegation of dishonest retention, unsupported by cogent material, insufficient to sustain charge under S. 405 — Mere non-refund of money does not constitute criminal breach of trust.
Constitution of India, 1950 — Article 226 — Maintainability of writ petition — Disputed questions of fact — Effect of long pendency — Where a writ petition seeking compensation had remained pending for over a decade and a half before being dismissed on the ground of “disputed questions of fact,” relegating the claimant to a fresh remedy before the Civil Court after such efflux of time would render the claimant remediless — On this short ground alone, interference with the impugned judgment was warranted, particularly where the underlying facts of the incident stood undisputed and unchallenged throughout.
Constitution
Constitution of India, 1950 — Article 226 — Maintainability of writ petition — Disputed questions of fact — Effect of long pendency — Where a writ petition seeking compensation had remained pending for over a decade and a half before being dismissed on the ground of “disputed questions of fact,” relegating the claimant to a fresh remedy before the Civil Court after such efflux of time would render the claimant remediless — On this short ground alone, interference with the impugned judgment was warranted, particularly where the underlying facts of the incident stood undisputed and unchallenged throughout.
Criminal Procedure Code, 1973 (CrPC) — Section 125(4) — Application of principles to facts — Remand — Trial Court erred in holding that the adultery issue could only be decided at final adjudication, rendering the statutory scheme otiose; since photographic/electronic evidence of adultery was placed on record requiring evaluation, the Trial Court was directed to decide the S. 125(4) application on merits, with interim maintenance continuing till such decision — matter remanded.
Cr P C Maintenance
Criminal Procedure Code, 1973 (CrPC) — Section 125(4) — Application of principles to facts — Remand — Trial Court erred in holding that the adultery issue could only be decided at final adjudication, rendering the statutory scheme otiose; since photographic/electronic evidence of adultery was placed on record requiring evaluation, the Trial Court was directed to decide the S. 125(4) application on merits, with interim maintenance continuing till such decision — matter remanded.
Specific Relief Act, 1963 — Section 20 — Specific performance — Discretionary and equitable relief — Clean hands — Grant of specific performance is discretionary, not automatic even where a valid contract subsists; a plaintiff must approach the Court with clean hands. Where the plaintiff’s spouse lodged a criminal complaint seeking recovery of the advance paid, alleging the vendor fraudulently suppressed a subsisting injunction, while simultaneously maintaining a civil suit for specific performance, such conduct amounts to blowing “hot and cold” and disentitles the plaintiff to equitable relief.
Specific Performance
Specific Relief Act, 1963 — Section 20 — Specific performance — Discretionary and equitable relief — Clean hands — Grant of specific performance is discretionary, not automatic even where a valid contract subsists; a plaintiff must approach the Court with clean hands. Where the plaintiff’s spouse lodged a criminal complaint seeking recovery of the advance paid, alleging the vendor fraudulently suppressed a subsisting injunction, while simultaneously maintaining a civil suit for specific performance, such conduct amounts to blowing “hot and cold” and disentitles the plaintiff to equitable relief.
Land Acquisition

Land Acquisition Act, 1894, S. 4 and S.3(c)–Issuance of Notification-­Delegation of authority—State is empowered to appoint any officer other than a Collector or Deputy Commissioner to act as Collector—Such officer is empowered to extent of purpose mentioned in notification designating him as Collector—But relying upon same notification the designated officer cannot act as Collector in respect of other acquisition proceedings-Impugned notification u/s 4 issued by designated officer without being empowered for that is set aside.

Dec 16, 2018 sclaw

2018(4) Law Herald (SC) 2767 : 2018 LawHerald.Org 1610 IN THE SUPREME COURT OF INDIA Before           Hon’ble Mr. Justice Madan B. Lokur Hon’ble Mr. Justice Deepak Gupta Civil Appeal…

Bail Granted

In present case, investigation was not conducted by rank of police officer as directed by High Court-On this ground charge  sheet was returned—Since, on 90th day there was no charge sheet before Magistrate to assess the situation and subsequent filing of charge sheet even after two days would be of no consequence-­Accused held entitled to default bail—Bail granted.

Dec 16, 2018 sclaw

2018(4) Law Herald (SC) 2758 : 2018 LawHerald.Org 1609 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre                            Hon’ble Mr. Justice Uday Umesh Lalit Criminal Appeal…

Cheque Dishonour

Dishonour of cheque–Vicarious liability–Offences by companies–Liability arises from being in-charge of and responsible for the conduct of the business of the company at the relevant time when the offence was committed and not on the basis of merely holding a designation or office in a company– Responsibility is on the complainant to make specific averments as are required under the law in the complaint so as to make the accused vicariously liable . Dishonour of cheque–Vicarious liability on the part of a person must be pleaded and proved and not inferred.

Dec 14, 2018 sclaw

2010(2) LAW HERALD (SC) 737 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P. Sathasivam The Hon’ble Mr. Justice H.L. Dattu Criminal Appeal Nos. 320-336 of 2010…

Evidence Act

Evidence Act, 1872, S. 35–Juvenile Justice (Care & Protection of Children) Act, 2000, S. 68–Juvenile Justice (Care & Protection of Children) Rules 2001, R. 22–Age of Juvenile–Determination of age–An entry in a school register may not be a public document and, thus, must be proved in accordance with law–Medical opinion rendered in this case corroborates the entry made in the Admission register of the school ,having been proved in accordance with law, no reason as to why the same should not be taken into consideration–No infirmity in the order passed by the High Court.                                                    

Dec 14, 2018 sclaw

2010(1) LAW HERALD (SC) 732 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Criminal Appeal No. 909 of 2009…

Service Matters
Service

Appeal for enhancement of compensation–No submission made against the order of the High Court denying liberalised pension, hence not interfered with–Earnings of the deceased were a source of sustenance for the family–Besides, loss of a son at such a young age creates a void in the family, which cannot be filed up by making payment of any compensation–SC enhanced  the amount to Rs. 2 lakhs.  

Dec 14, 2018 sclaw

2010(1) LAW HERALD (SC) 729 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Dr. Justice Mukundakam Sharma Civil Appeal No. 140 of 2010…

Murder

Kidnapping for ransom and murder–All three accused-appellant committed offence of murder in a pre-planned manner by using scientific methods–Soon after kidnapping, deceased was reduced to a corpus with the help of chemicals and he was done to death in inhuman, diabolical and dastardly manner–Sentence  converted from death sentence to life imprisonment

Dec 13, 2018 sclaw

2010(1) LAW HERALD (SC) 713 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Harjit Singh Bedi The Hon’ble Mr. Justice J.M. Panchal Criminal Appeal Nos. 1396-1397 of…

Service Matters
Service

Suspension–If the revision takes effect from a date prior to the date of suspension of a Government servant then he would be entitled to benefit of increment  pay and in the subsistence allowance for the period of suspension, if the revision scale of pay takes effect from a date falling within the period of suspension then the benefit of revision of pay and the subsistence allowances will accrue to him, only after reinstatement.

Dec 13, 2018 sclaw

2010(1) LAW HERALD (SC) 706 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice K.S. Radhakrishnan Civil Appeal No. 1096 of 2010…

You missed

I P C

Penal Code, 1860 (IPC) — Sections 405 and 406 — Criminal Breach of Trust — Entrustment — Refundable security deposit paid under Joint Development Agreement (JDA) — Held, mere payment of refundable security deposit as consideration for GPA does not amount to “entrustment” of property — FIR and chargesheet silent on manner of misappropriation/conversion — Bald, omnibus allegation of dishonest retention, unsupported by cogent material, insufficient to sustain charge under S. 405 — Mere non-refund of money does not constitute criminal breach of trust.

Aug 2, 2026 sclaw
Constitution

Constitution of India, 1950 — Article 226 — Maintainability of writ petition — Disputed questions of fact — Effect of long pendency — Where a writ petition seeking compensation had remained pending for over a decade and a half before being dismissed on the ground of “disputed questions of fact,” relegating the claimant to a fresh remedy before the Civil Court after such efflux of time would render the claimant remediless — On this short ground alone, interference with the impugned judgment was warranted, particularly where the underlying facts of the incident stood undisputed and unchallenged throughout.

Aug 2, 2026 sclaw
Cr P C Maintenance

Criminal Procedure Code, 1973 (CrPC) — Section 125(4) — Application of principles to facts — Remand — Trial Court erred in holding that the adultery issue could only be decided at final adjudication, rendering the statutory scheme otiose; since photographic/electronic evidence of adultery was placed on record requiring evaluation, the Trial Court was directed to decide the S. 125(4) application on merits, with interim maintenance continuing till such decision — matter remanded.

Aug 2, 2026 sclaw
Specific Performance

Specific Relief Act, 1963 — Section 20 — Specific performance — Discretionary and equitable relief — Clean hands — Grant of specific performance is discretionary, not automatic even where a valid contract subsists; a plaintiff must approach the Court with clean hands. Where the plaintiff’s spouse lodged a criminal complaint seeking recovery of the advance paid, alleging the vendor fraudulently suppressed a subsisting injunction, while simultaneously maintaining a civil suit for specific performance, such conduct amounts to blowing “hot and cold” and disentitles the plaintiff to equitable relief.

Aug 1, 2026 sclaw