Supreme Court of India Judgements

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Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) — Insolvency and Bankruptcy Code, 2016 (IBC) – Repeal of SICA and Abatement of Proceedings – Companies whose proceedings were pending before BIFR/AAIFR could approach NCLT within 180 days of IBC enactment – Failure to do so results in abatement and revival of earlier orders, like winding up recommendation. Prevention of Corruption Act, 1988 — Sections 7 and 13(1)(d) read with 13(2) — Demand and Acceptance of Bribe — Ingredients for establishing guilt of public servant under Section 7 and 13(1)(d) include proof of demand and acceptance of illegal gratification, which are sine qua non — While acceptance of bribe was admitted, the proof of demand was the crucial aspect in this case. Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits. Air Force Act, 1950 — Section 19 — Air Force Rules, 1969 — Rule 16 — Administrative action after discharge from criminal court — Initiation of administrative action for disciplinary purposes is not permissible if the matter has already been decided by a criminal court by way of discharge, as discharge signifies no sufficient grounds for proceeding, placing the individual on a better footing than acquittal and thus ending the matter. Prevention of Corruption Act, 1988, Section 13(1)(d) — Disproportionate Assets — Chargesheet splitting — Allegations of acquiring disproportionate assets and tribal lands misuse — Two separate chargesheets filed from the same FIR, R.C — Case No 04(A)/2010-AHD-R(B) and R.C — Case No 04(A)/2010-AHD-R(C) — Overlapping allegations in both cases — Plea of double jeopardy raised — Supreme Court noted overlapping allegations and previous conviction with suspended sentence, inclined to grant bail in the present case as well.
Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) — Insolvency and Bankruptcy Code, 2016 (IBC) – Repeal of SICA and Abatement of Proceedings – Companies whose proceedings were pending before BIFR/AAIFR could approach NCLT within 180 days of IBC enactment – Failure to do so results in abatement and revival of earlier orders, like winding up recommendation.
Constitution Corporate
Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) — Insolvency and Bankruptcy Code, 2016 (IBC) – Repeal of SICA and Abatement of Proceedings – Companies whose proceedings were pending before BIFR/AAIFR could approach NCLT within 180 days of IBC enactment – Failure to do so results in abatement and revival of earlier orders, like winding up recommendation.
Prevention of Corruption Act, 1988 — Sections 7 and 13(1)(d) read with 13(2) — Demand and Acceptance of Bribe — Ingredients for establishing guilt of public servant under Section 7 and 13(1)(d) include proof of demand and acceptance of illegal gratification, which are sine qua non — While acceptance of bribe was admitted, the proof of demand was the crucial aspect in this case.
Corruption
Prevention of Corruption Act, 1988 — Sections 7 and 13(1)(d) read with 13(2) — Demand and Acceptance of Bribe — Ingredients for establishing guilt of public servant under Section 7 and 13(1)(d) include proof of demand and acceptance of illegal gratification, which are sine qua non — While acceptance of bribe was admitted, the proof of demand was the crucial aspect in this case.
Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.
Consumer
Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.
Air Force Act, 1950 — Section 19 — Air Force Rules, 1969 — Rule 16 — Administrative action after discharge from criminal court — Initiation of administrative action for disciplinary purposes is not permissible if the matter has already been decided by a criminal court by way of discharge, as discharge signifies no sufficient grounds for proceeding, placing the individual on a better footing than acquittal and thus ending the matter.
Service
Air Force Act, 1950 — Section 19 — Air Force Rules, 1969 — Rule 16 — Administrative action after discharge from criminal court — Initiation of administrative action for disciplinary purposes is not permissible if the matter has already been decided by a criminal court by way of discharge, as discharge signifies no sufficient grounds for proceeding, placing the individual on a better footing than acquittal and thus ending the matter.
Dowry Death

Dowry Death–A pregnant woman ordinarily would not commit suicide unless relationship with her husband comes to such a pass that she would be compelled to do so. Proof of document–A document in terms of Section 65 of Act is to be proved by a person who is acquainted with handwriting of author thereof. Dowry Death–Offence under Section 304B is not compoundable and only because marriage of accused had taken place, same by itself cannot be a ground for rejecting the prosecution story.

Oct 30, 2017 sclaw

 2008(1) LAW HERALD (SC) 117 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1021 of…

Cr P C Limitation

Cognizance–Taking of–Bar on–Limitation–Cruelty to wife–The court can invoke Section 473 Cr.P.C. and can take cognizance of an offence after expiry of the period of limitation keeping in view the nature of allegations, the time taken by the police in investigation and the fact that the offence of cruelty is a continuing offence and affects the society at large. Quashment–The High Court should not go into the merits and demerits of the allegations simply because the petitioner alleges malus animus against the author of the FIR or the complainant.

Oct 29, 2017 sclaw

2008(1) Law Herald (SC) 101 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice G.S. Singhvi Criminal Appeal No. 1708 of 2007…

Cheque Dishonour

Dishonour of Cheque–Cognizance of offence–Amendment of 2002 to operate retrospectively–Complaint filed in 1998–Insertion of proviso 142(b) by Amendment of 2002 would not be applicable. Dishonour of cheques– Clause (a) of the proviso to Section 138 does not put any embargo upon the payee to successively present a dishonoured cheque during the period of its validity–On each presentation of the cheque and its dishonour, a fresh right- and not a cause of action – accrues in his favour

Oct 29, 2017 sclaw

  2008(1) Law Herald (SC) 98 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Aftab Alam Appeal (crl.) 1704 of…

Service Matters
Service

Disciplinary Proceedings–Enquiry officer appointed to inquire into the charge leveled against a delinquent employee/officer is neither a court nor the provisions of the Evidence Act are applicable. Disciplinary Proceedings -Natural Justice–Summoning of witnesses–Enquiry officer has discretionary power to summon or not to summon the witnesses.

Oct 29, 2017 sclaw

  2008(1) LAW HERALD (SC) 93 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 5608…

Civil Cases Property Matters

Gift–Acceptance of– It is one thing to say that the execution of the deed is based on an aspiration or belief, but it is another thing to say that the same constituted an onerous gift. Gift–Acceptance of — Once a gift is complete, the same cannot be rescinded. For any reason whatsoever, the subsequent conduct of a donee cannot be a ground for rescission of a valid gift. Gift–Acceptance of–Whether an averment made in the deed of gift in regard to handing over of possession is sufficient proof of acceptance thereof by the donee? YES.

Oct 27, 2017 sclaw

  2008(1) Law Herald (SC) 87 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 5942…

You missed

Constitution Corporate

Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) — Insolvency and Bankruptcy Code, 2016 (IBC) – Repeal of SICA and Abatement of Proceedings – Companies whose proceedings were pending before BIFR/AAIFR could approach NCLT within 180 days of IBC enactment – Failure to do so results in abatement and revival of earlier orders, like winding up recommendation.

Apr 16, 2026 sclaw
Corruption

Prevention of Corruption Act, 1988 — Sections 7 and 13(1)(d) read with 13(2) — Demand and Acceptance of Bribe — Ingredients for establishing guilt of public servant under Section 7 and 13(1)(d) include proof of demand and acceptance of illegal gratification, which are sine qua non — While acceptance of bribe was admitted, the proof of demand was the crucial aspect in this case.

Apr 16, 2026 sclaw
Consumer

Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.

Apr 16, 2026 sclaw
Service

Air Force Act, 1950 — Section 19 — Air Force Rules, 1969 — Rule 16 — Administrative action after discharge from criminal court — Initiation of administrative action for disciplinary purposes is not permissible if the matter has already been decided by a criminal court by way of discharge, as discharge signifies no sufficient grounds for proceeding, placing the individual on a better footing than acquittal and thus ending the matter.

Apr 16, 2026 sclaw