Supreme Court of India Judgements

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Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character. Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS) Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible. Succession Act, 1925 — Sections 33, 35 and 38 — Hindu/Christian Succession — Applicability of S. 33 confined to property owned by deceased male; erroneous application by High Court set aside — Where property was purchased and registered in the joint names of two wives, the same is owned by them and not by the husband, notwithstanding that he provided the consideration — Section 33, which governs devolution on intestacy of a male’s property between his widow and lineal descendants, is not attracted to property never vested in the husband’s name — High Court’s application of S. 33 to the entirety of the suit property held misconceived.
Environment

Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.

Aug 2, 2026 sclaw
Bhartiya Nagrik Suraksha Sanhita Cr P C

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)

Aug 2, 2026 sclaw
Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.
Environment
Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)
Bhartiya Nagrik Suraksha Sanhita Cr P C
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)
Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers.
Direct Taxation Income Tax Act
Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers.
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible.
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible.
Bhartiya Nagrik Suraksha Sanhita Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 (Corresponding to Bharatiya Nagarika Suraksha Sanhita, 2023, Section 528) — Inherent power of High Court — Recall or review of own judgment — Criminal courts do not have the power to recall or review their own judgments, except for correcting clerical errors under Section 362 CrPC (Section 403 BNSS) — Invoking inherent powers to bypass statutory bars is impermissible — High Court reviewing its earlier order dismissing a petition as withdrawn, under the guise of correcting a clerical error, is illegal and without jurisdiction.

Oct 11, 2025 sclaw

2025 INSC 1205 SUPREME COURT OF INDIA DIVISION BENCH STATE OF RAJASTHAN Vs. PARMESHWAR RAMLAL JOSHI AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Criminal Appeal…

Railways Act

Railways Act, 1989 — Section 124-A — “No-fault” liability for untoward incidents — Compensation is payable if the victim is a “passenger” — Explanation (ii) to Section 124-A defines “passenger” to include a person who has purchased a valid ticket — Mere non-recovery of a ticket from the victim is not fatal if a credible prima facie case is established — Burden then shifts to the Railways to disprove bonafide travel.

Oct 11, 2025 sclaw

2025 INSC 1201 SUPREME COURT OF INDIA DIVISION BENCH RAJNI AND ANOTHER Vs. UNION OF INDIA AND ANOTHER ( Before : Aravind Kumar and N.V. Anjaria, JJ. ) Civil Appeal…

C P C Limitation

Civil Procedure Code, 1908 (CPC) — Order 8 Rule 1 — Limitation for filing Written Statement in Commercial Suits — Extension of time due to COVID-19 pandemic — Supreme Court’s suo motu order excluded period from 15.03.2020 to 28.02.2022 for computing limitation — Even if statutory period of 120 days expired, if it fell within the excluded period, defendant should be allowed to file Written Statement.

Oct 11, 2025 sclaw

2025 INSC 1202 SUPREME COURT OF INDIA DIVISION BENCH M/S ANVITA AUTO TECH WORKS PVT. LTD. Vs. M/S AROUSH MOTORS AND ANOTHER ( Before : Aravind Kumar and N.V. Anjaria,…

Acquittal Electricity Act

Electricity Act, 1910 — Sections 39 and 44 — Theft of energy and interference with meters — Prosecution’s case based on alleged tampering of meter box with holes leading to reduced meter readings — Evidence from prosecution witnesses found to be based on estimation, presumption, approximation or possibilities, not on concrete proof — Lack of direct evidence showing accused tampering with the meter box or using artificial means for theft — Failure of prosecution to prove dishonest abstraction or consumption of electricity and malicious injury or fraudulent alteration of meter index beyond reasonable doubt — High Court’s reversal of acquittal by Trial Court found to be erroneous

Oct 11, 2025 sclaw

2025 INSC 1206 SUPREME COURT OF INDIA DIVISION BENCH MAHAVEER Vs. STATE OF MAHARASHTRA AND ANOTHER ( Before : Sanjay Karol and Prashant Kumar Mishra, JJ. ) Criminal Appeal Nos.…

Stamp Act

Stamp Act, 1899 — Schedule 1-B, Article 40 & 57 — “Security Bond cum Mortgage Deed” — Stamp Duty — “Security Bond or Mortgage Deed” — Instrument’s substance, not nomenclature, determines stamp duty — Court must ascertain true legal character of instrument by examining operative recitals and clauses — Definition of Mortgage Deed (Section 2(17)) — Instrument transferring right over specified property to secure performance of engagement is a mortgage deed — Article 57 (second limb — executed by a surety to secure the due performance of a contract) is restricted to cases where a distinct surety executes a bond to secure the obligations of another; it does not apply when the principal debtor itself executes the deed mortgaging its own property — Principal debtor executing a deed mortgaging its own property is a mortgage deed attracting Article 40.

Oct 11, 2025 sclaw

2025 INSC 1207 SUPREME COURT OF INDIA DIVISION BENCH M/S GODWIN CONSTRUCTION PVT. LTD. Vs. COMMISSIONER, MEERUT DIVISION & ANR. ( Before : Ahsanuddin Amanullah and Prashant Kumar Mishra, JJ.…

Direct Taxation Income Tax

Income Tax Act, 1961 — Section 260A — Appeals to High Court — Charitable Purpose Registration — High Court dismissed revenue’s appeals, stating issues were covered by earlier decisions, but failed to examine facts against the law. Supreme Court found impugned orders lacked factual elaboration and remanded for reconsideration in light of settled law by a larger bench decision.

Oct 11, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER OF INCOME TAX (EXEMPTION) LUCKNOW Vs. M/S. KHURJA DEVELOPMENT AUTHORITY ( Before : Manoj Misra and Nongmeikapam Kotiswar Singh, JJ. ) Civil Appeal…

Service Matters
Service

Recruitment Regulations — Manager (E-3) — Qualifications — Prescribed qualifications for Manager (E-3) include First Class MBA/B.Tech./B.E. or professional degree with relevant experience. For Manager (A.T.C.), specific engineering degrees in Electronics/Tele-communications/Radio Engineering/Electrical with specialization in Electronics or M.Sc. with specific specializations were required.

Oct 11, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VIVEK YADAV Vs. AIRPORT AUTHORITY OF INDIA CHAIRMAN AND ANOTHER ( Before : Manoj Misra and Nongmeikapam Kotiswar Singh, JJ. ) Civil Appeal No.…

G S T

Delhi Value Added Tax Act, 2004 — Section 9(2)(g) — Input Tax Credit (ITC) — Bona fide purchaser dealer paying tax to registered seller dealer — Seller dealer defaulting in depositing tax with government — High Court’s interpretation of Section 9(2)(g) — Court reading down the provision to protect bona fide purchasers — Department’s remedy against defaulting seller, not denial of ITC to purchaser — collusion exception remains.

Oct 11, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE COMMISSIONER TRADE AND TAX DELHI Vs. M/S SHANTI KIRAN INDIA (P) LTD. ( Before : Manoj Misra and Nongmeikapam Kotiswar Singh, JJ. )…

Constitution Service

Constitution of India, 1950 — Article 233(2) — Appointment of District Judges — Eligibility for in-service candidates — Clause (2) not prescribing qualifications for those already in judicial service — Such candidates not barred from direct recruitment — Interpretation to the contrary renders first part of Clause (2) redundant.

Oct 11, 2025 sclaw

2025 INSC 1208 SUPREME COURT OF INDIA 5 JUDGES BENCH REJANISH K.V. Vs. K. DEEPA AND OTHERS ( Before : B.R. Gavai, CJI, Aravind Kumar, Satish Chandra Sharma and K.…

You missed

Environment

Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.

Aug 2, 2026 sclaw
Bhartiya Nagrik Suraksha Sanhita Cr P C

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)

Aug 2, 2026 sclaw
Direct Taxation Income Tax Act

Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers.

Aug 2, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible.

Aug 2, 2026 sclaw