Supreme Court of India Judgements

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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. Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property. Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force. Consumer Protection Act, 2019 — Deficiency of Service — Maintenance Contractor’s Liability — Elevator Malfunction — Comprehensive maintenance contractor, being both manufacturer and repair contractor with exclusive technical knowledge of safety interlocks and brake mechanisms, held principally deficient in service for failing to act on its own identified remedy (voltage stabiliser) despite repeated notice of persistent malfunction over several months preceding fatal accident.
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
Acquittal

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.

Aug 1, 2026 sclaw
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.
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.
Acquittal
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.
Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.
Will & Succession
Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.
Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force.
Service
Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force.
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…

Acquittal

Revisional Jurisdiction–Revisional jurisdiction, when invoked by a private complainant against an order of acquittal, cannot be exercised lightly and that it can be exercised only in exceptional cases where the interest of public justice require interference for correction of manifest illegality or the prevention of gross miscarriage of justice.

Nov 23, 2018 sclaw

2010(1) LAW HERALD (SC) 487 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice J.M. Panchal Criminal Appeal No. 2420 of 2009…

You missed

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
Acquittal

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.

Aug 1, 2026 sclaw
Will & Succession

Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.

Jul 30, 2026 sclaw
Service

Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force.

Jul 30, 2026 sclaw