Supreme Court of India Judgements

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Insolvency and Bankruptcy Code, 2016 — Section 14, Section 238 — Telecom laws — Spectrum — Nature of — Can spectrum, even if treated as an asset in corporate debtor’s books, be subjected to proceedings under IBC? — Held, No. Spectrum is a natural resource, the right to use which is granted by the Government under a licence, not ownership. The IBC cannot override the specific statutory regime governing telecommunications law. . Cricket Association Rules — Applicability of Supreme Court Judgments — A district cricket association’s rules and bye-laws are not necessarily required to be identical to those of the national cricket governing body (BCCI) based on previous Supreme Court judgments, as the specific rulings in those cases did not mandate such precise conformity for district associations. Service Law — Regularisation of Services — Casual Workers — Supreme Court held that casual workers who were similarly situated to those whose services had been regularised in previous judgments, should also have their services regularised. The Court noted that the work performed was perennial and fundamental to the functioning of the department, and that excluding these workers amounted to discrimination. Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Absconding accused — General rule is that an absconder is not entitled to anticipatory bail, exception being when court is prima facie satisfied that no case is made out against the accused after perusing FIR, case diary, and other materials — Accused absconded for almost six and a half years, threatened victim, had criminal antecedents, and was not traceable — Acquittal of co-accused does not automatically entitle absconding accused to anticipatory bail, as prosecution is not expected to adduce evidence against absconding accused during trial of co-accused — Granting anticipatory bail to an absconding accused sets a bad precedent Essential Commodities Act, 1955 — Sections 3, 7 — Cement Control Order, 1967 — Maharashtra Cement (Licensing and Control) Order, 1973 — Decontrol of cement price and distribution from March 1, 1989 — Conviction for offences relating to cement contravention after decontrol — Unsustainable in law — Prosecution fundamentally unsustainable due to absence of operative control order on relevant date.
Insolvency and Bankruptcy Code, 2016 — Section 14, Section 238 — Telecom laws — Spectrum — Nature of — Can spectrum, even if treated as an asset in corporate debtor’s books, be subjected to proceedings under IBC? — Held, No. Spectrum is a natural resource, the right to use which is granted by the Government under a licence, not ownership. The IBC cannot override the specific statutory regime governing telecommunications law.
I B C
Insolvency and Bankruptcy Code, 2016 — Section 14, Section 238 — Telecom laws — Spectrum — Nature of — Can spectrum, even if treated as an asset in corporate debtor’s books, be subjected to proceedings under IBC? — Held, No. Spectrum is a natural resource, the right to use which is granted by the Government under a licence, not ownership. The IBC cannot override the specific statutory regime governing telecommunications law.
. Cricket Association Rules — Applicability of Supreme Court Judgments — A district cricket association’s rules and bye-laws are not necessarily required to be identical to those of the national cricket governing body (BCCI) based on previous Supreme Court judgments, as the specific rulings in those cases did not mandate such precise conformity for district associations.
Constitution
. Cricket Association Rules — Applicability of Supreme Court Judgments — A district cricket association’s rules and bye-laws are not necessarily required to be identical to those of the national cricket governing body (BCCI) based on previous Supreme Court judgments, as the specific rulings in those cases did not mandate such precise conformity for district associations.
Service Law — Regularisation of Services — Casual Workers — Supreme Court held that casual workers who were similarly situated to those whose services had been regularised in previous judgments, should also have their services regularised. The Court noted that the work performed was perennial and fundamental to the functioning of the department, and that excluding these workers amounted to discrimination.
Service
Service Law — Regularisation of Services — Casual Workers — Supreme Court held that casual workers who were similarly situated to those whose services had been regularised in previous judgments, should also have their services regularised. The Court noted that the work performed was perennial and fundamental to the functioning of the department, and that excluding these workers amounted to discrimination.
Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Absconding accused — General rule is that an absconder is not entitled to anticipatory bail, exception being when court is prima facie satisfied that no case is made out against the accused after perusing FIR, case diary, and other materials — Accused absconded for almost six and a half years, threatened victim, had criminal antecedents, and was not traceable — Acquittal of co-accused does not automatically entitle absconding accused to anticipatory bail, as prosecution is not expected to adduce evidence against absconding accused during trial of co-accused — Granting anticipatory bail to an absconding accused sets a bad precedent
Bail Declined
Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Absconding accused — General rule is that an absconder is not entitled to anticipatory bail, exception being when court is prima facie satisfied that no case is made out against the accused after perusing FIR, case diary, and other materials — Accused absconded for almost six and a half years, threatened victim, had criminal antecedents, and was not traceable — Acquittal of co-accused does not automatically entitle absconding accused to anticipatory bail, as prosecution is not expected to adduce evidence against absconding accused during trial of co-accused — Granting anticipatory bail to an absconding accused sets a bad precedent
Cheque Dishonour

Dishonour of Cheque–Notice–An omnibus notice without specifying as to what was the amount due under the dishonoured cheque would not subserve the requirement of law. Dishonour of Cheque–Notice–Demand of payment within 10 days–Whether notice valid ? YES. Dishonour of Cheque–Notice–Unless a notice is served in conformity with Proviso (b) appended to Section 138 of the Act, the complaint petition would not be maintainable.

Jul 13, 2017 sclaw

2007(5) LH (SC) 3404  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. 525 of 2005…

Dowry Death

Dowry Death—Dowry demand—Defence version that since the accused possessed scooter as well as motorcycle, there was no necessity to make demand of scooter ; is totally irrelevant. Remarks by Judge—If that part of the evidence is not consistent with the facts on record, the Court may not accept it. But only for that reason, the Court should not make disparaging remarks.

Jul 12, 2017 sclaw

  2007(4) LAW HERALD (SC) 3380 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce C.K. Thakker The Hon’ble Mr. Jusitce P. Sathasivam Criminal Appeal No. 1612 of…

C P C

Decree obtained by fraud—Such a judgment, decree or order —by the first Court or by the final Court— has to be treated as nullity by every Court. When sale to become absolute be set aside—Where a third party challenges the judgment-debtor’s title by filing a suit against the auction-purchaser, the decree holder and the judgment-debtor should be necessary parties to that suit and if the suit is decreed, the Court shall direct the decree-holder to refund the money to the auction-purchaser.

Jul 12, 2017 sclaw

  2007(4) LAW HERALD (SC) 3365 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. 4727…

Consumer

Consumer Protection Act, 1986, S.12–lnsurance–Theft of Vehicle-Delay of 21/2 months in giving intimation of theft by insured to insurer-It amounts to breach of policy-­Insured was obligated to give intimation immediately after theft came to his knowledge-Mere intimating the police or lodging FIR does not amount to sufficient compliance-Claim held to be rightly repudiated.

Jul 11, 2017 sclaw

2017(1) Law Herald (SC) 558 (NCDRC) : 2017 LawHerald.Org 598 IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION Before The Hon’ble Mr. Presiding Member V.K. Jain Revision Petition No. 176 of…

Bail Declined

Remand— Only when a charge sheet is not filed and investigation is kept pending, benefit of proviso appended to Sub-section (2) of Section 167 of the Code would be available to an offender; once, however, a charge sheet is filed, the said right ceases. Such a right does not revive only because a further investigation remains pending within the meaning of Sub-section (8) of Section 173 of the Code. Investigation–Further investigation can be carried on despite filing of a police report, in terms of Section 173(8) Cr.P.C.

Jul 10, 2017 sclaw

    2007(4) LAW HERALD (SC) 3348 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.…

Corruption

Sanction—The order granting sanction must be demonstrative of the fact that there had been proper application of mind on the part of the sanctioning authority. Sanction—Only because an order of sanction contains certain irregularities, the court would not set aside an order of conviction.

Jul 10, 2017 sclaw

  2007(4) LAW HERALD (SC) 3342 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. 766…

You missed

I B C

Insolvency and Bankruptcy Code, 2016 — Section 14, Section 238 — Telecom laws — Spectrum — Nature of — Can spectrum, even if treated as an asset in corporate debtor’s books, be subjected to proceedings under IBC? — Held, No. Spectrum is a natural resource, the right to use which is granted by the Government under a licence, not ownership. The IBC cannot override the specific statutory regime governing telecommunications law.

Feb 22, 2026 sclaw
Constitution

. Cricket Association Rules — Applicability of Supreme Court Judgments — A district cricket association’s rules and bye-laws are not necessarily required to be identical to those of the national cricket governing body (BCCI) based on previous Supreme Court judgments, as the specific rulings in those cases did not mandate such precise conformity for district associations.

Feb 22, 2026 sclaw
Service

Service Law — Regularisation of Services — Casual Workers — Supreme Court held that casual workers who were similarly situated to those whose services had been regularised in previous judgments, should also have their services regularised. The Court noted that the work performed was perennial and fundamental to the functioning of the department, and that excluding these workers amounted to discrimination.

Feb 22, 2026 sclaw
Bail Declined

Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Absconding accused — General rule is that an absconder is not entitled to anticipatory bail, exception being when court is prima facie satisfied that no case is made out against the accused after perusing FIR, case diary, and other materials — Accused absconded for almost six and a half years, threatened victim, had criminal antecedents, and was not traceable — Acquittal of co-accused does not automatically entitle absconding accused to anticipatory bail, as prosecution is not expected to adduce evidence against absconding accused during trial of co-accused — Granting anticipatory bail to an absconding accused sets a bad precedent

Feb 22, 2026 sclaw