Supreme Court of India Judgements

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Gratuity — Withholding of gratuity due to non-vacation of company-allotted accommodation — SAIL Gratuity Rules, 1978, Rule 3.2.1(c) expressly empowers management to withhold gratuity for non-compliance with company rules, including non-vacation of accommodation — No interest payable on gratuity withheld for period of unauthorized occupation — Management is entitled to adjust penal rent accrued for retention beyond permissible period from gratuity amount — Order of March 31, 2017 in Ram Naresh Singh’s case was a concession based on specific facts and not binding precedent, unlike the order of December 15, 2020 in S.L.P — (C) No — 11025 of 2020 which clarified principles of penal rent adjustment Motor Vehicles Act, 1988 — Section 166 — Motor Accidents Claims Tribunal (MACT) — Assessment of compensation — Functional disability vs — Physical disability — High Court reduced functional disability from 63% assessed by Medical Board to 30% without providing cogent reasons, constituting an erroneous appreciation of evidence and misapplication of legal principles — Such reduction, without convincing evidence impeaching medical certificates and without assigning adequate reasons, was unjustified — Supreme Court, to do complete justice and avoid further delay, examined functional disability on merits, considering medical and neuropsychological reports indicating severe cognitive impairment, partial blindness, and orthopedic limitations — Held, functional disability for calculating loss of earning capacity should be assessed at 100% given the claimant’s managerial role and the profound impact of injuries on his cognitive and functional abilities — Compensation recalculated accordingly, enhancing the award from Rs — 35,61,000/- to Rs — 97,73,011/-. Criminal Procedure Code, 1973 (CrPC) — Sections 221 and 222 — Conviction for offence not charged — High Court rightly reversed the conviction under Section 364 of IPC when the charge was for Section 302 of IPC, as Section 364 is not a minor or cognate offence to Section 302, making conviction without specific charge or notice prejudicial to fair trial Consumer Protection Act, 1986 — Section 2(1)(d) — Definition of “consumer” — Commercial purpose — Deposit of surplus funds by a company in a bank for earning interest does not automatically make it a commercial purpose, but if the deposit is made to leverage credit facilities for augmenting business, it would have a direct nexus with revenue generation/profits — The identity of the purchaser or the value of the transaction is not conclusive, but the dominant intention or purpose behind the transaction is determining. Penal Code, 1860 (IPC) — Sections 406 and 420 — Criminal breach of trust and cheating — For an offence of cheating under Section 415 IPC, a fraudulent or dishonest intention must exist at the time of making the promise or representation — Mere failure to keep a promise subsequently does not automatically prove dishonest intention from the beginning — Every breach of contract does not amount to cheating, unless there was deception at the inception.
Service

Gratuity — Withholding of gratuity due to non-vacation of company-allotted accommodation — SAIL Gratuity Rules, 1978, Rule 3.2.1(c) expressly empowers management to withhold gratuity for non-compliance with company rules, including non-vacation of accommodation — No interest payable on gratuity withheld for period of unauthorized occupation — Management is entitled to adjust penal rent accrued for retention beyond permissible period from gratuity amount — Order of March 31, 2017 in Ram Naresh Singh’s case was a concession based on specific facts and not binding precedent, unlike the order of December 15, 2020 in S.L.P — (C) No — 11025 of 2020 which clarified principles of penal rent adjustment

Mar 21, 2026 sclaw
Accident

Motor Vehicles Act, 1988 — Section 166 — Motor Accidents Claims Tribunal (MACT) — Assessment of compensation — Functional disability vs — Physical disability — High Court reduced functional disability from 63% assessed by Medical Board to 30% without providing cogent reasons, constituting an erroneous appreciation of evidence and misapplication of legal principles — Such reduction, without convincing evidence impeaching medical certificates and without assigning adequate reasons, was unjustified — Supreme Court, to do complete justice and avoid further delay, examined functional disability on merits, considering medical and neuropsychological reports indicating severe cognitive impairment, partial blindness, and orthopedic limitations — Held, functional disability for calculating loss of earning capacity should be assessed at 100% given the claimant’s managerial role and the profound impact of injuries on his cognitive and functional abilities — Compensation recalculated accordingly, enhancing the award from Rs — 35,61,000/- to Rs — 97,73,011/-.

Mar 21, 2026 sclaw
Gratuity — Withholding of gratuity due to non-vacation of company-allotted accommodation — SAIL Gratuity Rules, 1978, Rule 3.2.1(c) expressly empowers management to withhold gratuity for non-compliance with company rules, including non-vacation of accommodation — No interest payable on gratuity withheld for period of unauthorized occupation — Management is entitled to adjust penal rent accrued for retention beyond permissible period from gratuity amount — Order of March 31, 2017 in Ram Naresh Singh’s case was a concession based on specific facts and not binding precedent, unlike the order of December 15, 2020 in S.L.P — (C) No — 11025 of 2020 which clarified principles of penal rent adjustment
Service
Gratuity — Withholding of gratuity due to non-vacation of company-allotted accommodation — SAIL Gratuity Rules, 1978, Rule 3.2.1(c) expressly empowers management to withhold gratuity for non-compliance with company rules, including non-vacation of accommodation — No interest payable on gratuity withheld for period of unauthorized occupation — Management is entitled to adjust penal rent accrued for retention beyond permissible period from gratuity amount — Order of March 31, 2017 in Ram Naresh Singh’s case was a concession based on specific facts and not binding precedent, unlike the order of December 15, 2020 in S.L.P — (C) No — 11025 of 2020 which clarified principles of penal rent adjustment
Motor Vehicles Act, 1988 — Section 166 — Motor Accidents Claims Tribunal (MACT) — Assessment of compensation — Functional disability vs — Physical disability — High Court reduced functional disability from 63% assessed by Medical Board to 30% without providing cogent reasons, constituting an erroneous appreciation of evidence and misapplication of legal principles — Such reduction, without convincing evidence impeaching medical certificates and without assigning adequate reasons, was unjustified — Supreme Court, to do complete justice and avoid further delay, examined functional disability on merits, considering medical and neuropsychological reports indicating severe cognitive impairment, partial blindness, and orthopedic limitations — Held, functional disability for calculating loss of earning capacity should be assessed at 100% given the claimant’s managerial role and the profound impact of injuries on his cognitive and functional abilities — Compensation recalculated accordingly, enhancing the award from Rs — 35,61,000/- to Rs — 97,73,011/-.
Accident
Motor Vehicles Act, 1988 — Section 166 — Motor Accidents Claims Tribunal (MACT) — Assessment of compensation — Functional disability vs — Physical disability — High Court reduced functional disability from 63% assessed by Medical Board to 30% without providing cogent reasons, constituting an erroneous appreciation of evidence and misapplication of legal principles — Such reduction, without convincing evidence impeaching medical certificates and without assigning adequate reasons, was unjustified — Supreme Court, to do complete justice and avoid further delay, examined functional disability on merits, considering medical and neuropsychological reports indicating severe cognitive impairment, partial blindness, and orthopedic limitations — Held, functional disability for calculating loss of earning capacity should be assessed at 100% given the claimant’s managerial role and the profound impact of injuries on his cognitive and functional abilities — Compensation recalculated accordingly, enhancing the award from Rs — 35,61,000/- to Rs — 97,73,011/-.
Criminal Procedure Code, 1973 (CrPC) — Sections 221 and 222 — Conviction for offence not charged — High Court rightly reversed the conviction under Section 364 of IPC when the charge was for Section 302 of IPC, as Section 364 is not a minor or cognate offence to Section 302, making conviction without specific charge or notice prejudicial to fair trial
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Sections 221 and 222 — Conviction for offence not charged — High Court rightly reversed the conviction under Section 364 of IPC when the charge was for Section 302 of IPC, as Section 364 is not a minor or cognate offence to Section 302, making conviction without specific charge or notice prejudicial to fair trial
Consumer Protection Act, 1986 — Section 2(1)(d) — Definition of “consumer” — Commercial purpose — Deposit of surplus funds by a company in a bank for earning interest does not automatically make it a commercial purpose, but if the deposit is made to leverage credit facilities for augmenting business, it would have a direct nexus with revenue generation/profits — The identity of the purchaser or the value of the transaction is not conclusive, but the dominant intention or purpose behind the transaction is determining.
Consumer
Consumer Protection Act, 1986 — Section 2(1)(d) — Definition of “consumer” — Commercial purpose — Deposit of surplus funds by a company in a bank for earning interest does not automatically make it a commercial purpose, but if the deposit is made to leverage credit facilities for augmenting business, it would have a direct nexus with revenue generation/profits — The identity of the purchaser or the value of the transaction is not conclusive, but the dominant intention or purpose behind the transaction is determining.
Election Laws

Election Law–Election duty–When a vehicle is requisitioned, the owner of vehicle has no other alternative but to handover the possession to statutory authority. Accident–Election duty–Vehicle requisitioned–Death of person while driving–State liable for compensation not registered owner.

Nov 6, 2017 sclaw

2008(1) LAW HERALD (SC) 250 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 5796 of…

Dowry Death

Burden of proof–Murder committed in secrecy inside a house–The inmates of the house cannot get away by simply keeping quiet and offering no explanation on the supposed premise that the burden to establish its case lies entirely upon the prosecution and there is no duty at all on an accused to offer any explanation. Burden of proof–Where the prosecution has succeeded in proving facts from which a reasonable inference can be drawn regarding death. The accused by virtue of their special knowledge must offer an explanation which might lead the court to draw a different inference.

Nov 5, 2017 sclaw

2008(1) Law herald (sc) 234 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice G.S. Singhvi Criminal Appeal No. 1133 of 2000…

Cr P C

Appeal–Dismissal of an appeal for default or non-prosecution without going into the merits of the case is clearly illegal and the Appellate Court must dispose of the appeal on merits after perusal and scrutiny of record and after giving a hearing to the parties, if present, before disposal of the appeal on merits

Nov 5, 2017 sclaw

2008(1) LAW HERALD (SC) 225 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Tarun Chatterjee Criminal Appeal No. 884 of 2001…

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Service

Gratuity — Withholding of gratuity due to non-vacation of company-allotted accommodation — SAIL Gratuity Rules, 1978, Rule 3.2.1(c) expressly empowers management to withhold gratuity for non-compliance with company rules, including non-vacation of accommodation — No interest payable on gratuity withheld for period of unauthorized occupation — Management is entitled to adjust penal rent accrued for retention beyond permissible period from gratuity amount — Order of March 31, 2017 in Ram Naresh Singh’s case was a concession based on specific facts and not binding precedent, unlike the order of December 15, 2020 in S.L.P — (C) No — 11025 of 2020 which clarified principles of penal rent adjustment

Mar 21, 2026 sclaw
Accident

Motor Vehicles Act, 1988 — Section 166 — Motor Accidents Claims Tribunal (MACT) — Assessment of compensation — Functional disability vs — Physical disability — High Court reduced functional disability from 63% assessed by Medical Board to 30% without providing cogent reasons, constituting an erroneous appreciation of evidence and misapplication of legal principles — Such reduction, without convincing evidence impeaching medical certificates and without assigning adequate reasons, was unjustified — Supreme Court, to do complete justice and avoid further delay, examined functional disability on merits, considering medical and neuropsychological reports indicating severe cognitive impairment, partial blindness, and orthopedic limitations — Held, functional disability for calculating loss of earning capacity should be assessed at 100% given the claimant’s managerial role and the profound impact of injuries on his cognitive and functional abilities — Compensation recalculated accordingly, enhancing the award from Rs — 35,61,000/- to Rs — 97,73,011/-.

Mar 21, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Sections 221 and 222 — Conviction for offence not charged — High Court rightly reversed the conviction under Section 364 of IPC when the charge was for Section 302 of IPC, as Section 364 is not a minor or cognate offence to Section 302, making conviction without specific charge or notice prejudicial to fair trial

Mar 21, 2026 sclaw
Consumer

Consumer Protection Act, 1986 — Section 2(1)(d) — Definition of “consumer” — Commercial purpose — Deposit of surplus funds by a company in a bank for earning interest does not automatically make it a commercial purpose, but if the deposit is made to leverage credit facilities for augmenting business, it would have a direct nexus with revenue generation/profits — The identity of the purchaser or the value of the transaction is not conclusive, but the dominant intention or purpose behind the transaction is determining.

Mar 21, 2026 sclaw