Supreme Court of India Judgements

June 23, 2025 12:34 pm

Top Tags

Latest Post

Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation Constitution of India — Article 20(3) — Right Against Self-Incrimination — Constitutional Validity of Narco-Analysis Test — Forced Tests Raise Serious Questions — Involuntary Administration Hit by Article 20(3) – Involuntary Narco-Analysis Test — Contravention of Rights — Results Not ‘Material Evidence’ — Violates ‘Substantive Due Process’ — Breaches Privacy Boundaries. Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery. High Court’s power under Section 482 CrPC is limited to determining a prima facie case from the FIR, without appreciating defence evidence or conducting a mini-trial. For Section 387 IPC, putting someone in fear of death/grievous hurt to commit extortion is sufficient; delivery of property is not required.

Consumer

Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

Jun 12, 2025 sclaw

Constitution

Constitution of India — Article 20(3) — Right Against Self-Incrimination — Constitutional Validity of Narco-Analysis Test — Forced Tests Raise Serious Questions — Involuntary Administration Hit by Article 20(3) – Involuntary Narco-Analysis Test — Contravention of Rights — Results Not ‘Material Evidence’ — Violates ‘Substantive Due Process’ — Breaches Privacy Boundaries.

Jun 11, 2025 sclaw

Consumer

Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

Jun 12, 2025 sclaw

Constitution

Constitution of India — Article 20(3) — Right Against Self-Incrimination — Constitutional Validity of Narco-Analysis Test — Forced Tests Raise Serious Questions — Involuntary Administration Hit by Article 20(3) – Involuntary Narco-Analysis Test — Contravention of Rights — Results Not ‘Material Evidence’ — Violates ‘Substantive Due Process’ — Breaches Privacy Boundaries.

Jun 11, 2025 sclaw

C P C Railways Act

Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery.

Jun 10, 2025 sclaw

Cr P C

High Court’s power under Section 482 CrPC is limited to determining a prima facie case from the FIR, without appreciating defence evidence or conducting a mini-trial.

Jun 10, 2025 sclaw

I P C

For Section 387 IPC, putting someone in fear of death/grievous hurt to commit extortion is sufficient; delivery of property is not required.

Jun 10, 2025 sclaw

Consumer

Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

Constitution

Constitution of India — Article 20(3) — Right Against Self-Incrimination — Constitutional Validity of Narco-Analysis Test — Forced Tests Raise Serious Questions — Involuntary Administration Hit by Article 20(3) – Involuntary Narco-Analysis Test — Contravention of Rights — Results Not ‘Material Evidence’ — Violates ‘Substantive Due Process’ — Breaches Privacy Boundaries.

C P C Railways Act

Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery.

Cr P C

High Court’s power under Section 482 CrPC is limited to determining a prima facie case from the FIR, without appreciating defence evidence or conducting a mini-trial.

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.

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

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

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.

Consumer

Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

Constitution

Constitution of India — Article 20(3) — Right Against Self-Incrimination — Constitutional Validity of Narco-Analysis Test — Forced Tests Raise Serious Questions — Involuntary Administration Hit by Article 20(3) – Involuntary Narco-Analysis Test — Contravention of Rights — Results Not ‘Material Evidence’ — Violates ‘Substantive Due Process’ — Breaches Privacy Boundaries.

C P C Railways Act

Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery.

Cr P C

High Court’s power under Section 482 CrPC is limited to determining a prima facie case from the FIR, without appreciating defence evidence or conducting a mini-trial.

Murder

Indian Penal Code, 1860, S.302 & S.34–Murder–Common Intention-Overt Act–lf common intention by meeting of minds is established in the facts and circumstances of the case, there need not be overt act or possession of weapon required, to establish common intention.

Oct 1, 2017 sclaw

2017(3) Law Herald (P&H) 2279 (SC) : 2017 LawHerald.Org 1217 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ranjan Gogoi Hon’ble Mr. Justice Navin Sinha Criminal Appeal No.…

Matrimonial

Divorce—By Mutual Consent—Waiting period of six months from date of filing application is not mandatory and is directory in nature. Divorce—By Mutual Consent—Waiving off waiting period—Court before whom proceedings are pending including Family Court/District Court can exercise the discretion. Divorce–By Mutual Consent—Waiving off waiting period— The statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties must be already over before the first motion itself.

Oct 1, 2017 sclaw

2017(3) Law Herald (P&H) 2273 (SC) : 2017 LawHerald.Org 1394 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Adarsh Kumar Goel Hon’ble Mr. Justice Uday UmeshLaiit Civil…

State Laws

Municipal Law-Demolition notice-Municipal Corporation issued notice for disconnecting of water and electricity as building was in dilapidated condition-Possession of building was with tenants

Sep 30, 2017 sclaw

2017(2) Law Herald (SC) 1538 : 2017 LawHerald.org 1050 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Mohan…

C P C

Execution of Decree—Suit for Possession—Application for demarcation of land is not maintainable before executing court.

Sep 30, 2017 sclaw

2017(2) Law Herald (SC) 1532 : 2017 Law Herald.Org 1147 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Arun Mishra Hon’ble Mr. Justice S. Abdul Nazeer C/V/7 Appeal…

Election Laws

Election—Acceptance of withdrawal of nomination papers which were not presented by candidate or his authorized agent—Acceptance held to be illegal–Election set aside.

Sep 30, 2017 sclaw

2017(2) Law Herald (SC) 1515 : 2017 Law Herald.Org 1146 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Civil Appeal No.…

I P C

Criminal Breach of Trust—Vicarious Liability—An individual who has perpetrated the commission of an offence on behalf of the company can be made an accused, along with the company, if there is sufficient evidence of his active role coupled with criminal intent.

Sep 29, 2017 sclaw

2017(2) Law Herald (SC) 1508 : 2017 Law Herald.Org 1145 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.K. Agrawal Hon’ble Mr. Justice Adarsh Kumar Goel Criminal Appeal…

Murder

Indian Penal Code, 1860, S.302–Murder–Mild inconsistency-The mere fact that, there are certain inconsistencies with regard to the manner of causing injuries to deceased by the witnesses as deposed in the court and as noted in the statement under Section 161 Cr.P.C., can in no manner shake the entire evidence or make the statement of witnesses unreliable.

Sep 28, 2017 sclaw

2017(2) Law Herald (SC) 1502 : 2017 Law Herald.Org 1144 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A. K. Sikri Hon’ble Mr. Justice Ashok Bhushan Criminal Appeal…

Land Acquisition

Land Acquisition Act, 1894, S.18–Just Compensation-Similar situated land-lf the purpose of acquisition is same and when the lands are identical and similar though lying in different villages, there is no justification to make any discrimination between the land owners to pay more to some of the land owners and less compensation to others

Sep 28, 2017 sclaw

2017(2) Law Herald (SC) 1498 : 2017 LawHerald.Org 1131 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Kurian Joseph The Hon’ble Mr. Justice R. Banumathi Civil Appeal…

Property Matters

Transfer of’Property—Part Performance—Mere expiry of’the period of limitation for a suit for specific performance may not be a bar for a person in possession of an immovable property in part performance of a contract to assert the shield of Section 53 A of T.P. Act

Sep 27, 2017 sclaw

2017(2) Law Herald (SC) 1490 : 2017 LawHerald.Org 1133 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice Amitava Roy Civil Appeal…

Arbitration

Multiple Remedies—When two remedies are provided under a statute even in inconsistent, would continue to be in operation until one of them is elected for application. Arbitration—Execution of Award—Award holder sought recovery under relevant statute as arrears of land revenue—Not necessary that arbitration a ward has to be executed as per provisions of 1996 Act only.

Sep 26, 2017 sclaw

2017(2) Law Herald (SC) 1478 : 2017 LawHerald.Org 1132 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Arun Mishra Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal No.5317…

You missed

Consumer

Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

Jun 12, 2025 sclaw

Constitution

Constitution of India — Article 20(3) — Right Against Self-Incrimination — Constitutional Validity of Narco-Analysis Test — Forced Tests Raise Serious Questions — Involuntary Administration Hit by Article 20(3) – Involuntary Narco-Analysis Test — Contravention of Rights — Results Not ‘Material Evidence’ — Violates ‘Substantive Due Process’ — Breaches Privacy Boundaries.

Jun 11, 2025 sclaw

C P C Railways Act

Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery.

Jun 10, 2025 sclaw

Cr P C

High Court’s power under Section 482 CrPC is limited to determining a prima facie case from the FIR, without appreciating defence evidence or conducting a mini-trial.

Jun 10, 2025 sclaw