Supreme Court of India Judgements

46970 Judgements hosted as on 09/12/2025 - Search (FREE), Subscribe, Read & Download

Top Tags

Latest Post

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(xi) — Conviction and Requirement of Caste-Based Intention — High Court’s finding that the offence was committed “simply for reason that the complainant was belonging to scheduled caste” held perverse — No statement in court by the victim or PW-2 suggesting that the accused were motivated by the victim’s caste — Finding based on mere observation without evidence is unsustainable. (Para 20) Bharatiya Nyaya Sanhita, 2023 — Sections 316(4), 344, 61 (2) — Bail — Appeal against grant of bail — Distinguished from cancellation of bail — An appeal against the grant of bail is not on the same footing as an application for cancellation of bail — Superior Court interference in bail grant requires grounds such as perversity, illegality, inconsistency with law, or non-consideration of relevant factors including gravity of the offense and societal impact — The Court must not conduct a threadbare analysis of evidence at the bail stage, but the order must reflect application of mind and assessment of relevant factors — Conduct of the accused subsequent to the grant of bail is not a ground for appeal against grant of bail, but for cancellation. (Paras 7, 8) Penal Code, 18602 (IPC) — Sections 302 and 460 — Appreciation of Evidence — Prior Enmity and Delayed Disclosure of Accused’s Name — Where the star eyewitness (PW-2), the wife of the deceased, provided a detailed account of the assault to the informant (PW-1) immediately after the incident, but failed to name the accused in the First Information Report (FIR), this omission is fatal to the prosecution case, especially when there existed a palpable prior enmity between the witness’s family and the accused (who was the brother of the deceased’s second wife). (Paras 28, 31, 40, 41, 45) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) — Section 3(1)(s) — Essential ingredient — Requirement of caste-based abuse occurring “in any place within public view” — Interpretation — For an offence under Section 3(1)(s) to be made out, the place where the utterance is made must be open, enabling the public to witness or hear the abuse — Abuse uttered within the four corners of a house, where public members are not present, does not satisfy the requirement of being “within public view” — Allegation that casteist abuses were hurled inside the complainant’s residence does not meet the statutory requirement — House of the complainant cannot be considered “within public view.” (Paras 9, 10, 11, 13) Public Interest Litigation (PIL) — Property Tax Revision — Akola Municipal Corporation — Challenge to legality of property tax revision (2017-18 to 2021-22) via Public Interest Litigation (PIL) — Financial Autonomy of Municipal Bodies — Property tax is main source of income for Municipal Corporations to perform vital statutory obligations (urban planning, public health, infrastructure upkeep) — Financial stability and independence are integral to functional efficacy of municipal bodies — Revision of tax structure is necessary to match rising costs and sustain functions — Municipal bodies must have independent revenue sources to avoid dependency on State grants — Failure to revise tax structure for long periods (here, 2001-2017) constitutes gross laxity. (Paras 4, 5, 6, 7, 8, 9, 27)
SC/ST

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(xi) — Conviction and Requirement of Caste-Based Intention — High Court’s finding that the offence was committed “simply for reason that the complainant was belonging to scheduled caste” held perverse — No statement in court by the victim or PW-2 suggesting that the accused were motivated by the victim’s caste — Finding based on mere observation without evidence is unsustainable. (Para 20)

Dec 9, 2025 sclaw
Bharatiya Nyaya Sanhita

Bharatiya Nyaya Sanhita, 2023 — Sections 316(4), 344, 61 (2) — Bail — Appeal against grant of bail — Distinguished from cancellation of bail — An appeal against the grant of bail is not on the same footing as an application for cancellation of bail — Superior Court interference in bail grant requires grounds such as perversity, illegality, inconsistency with law, or non-consideration of relevant factors including gravity of the offense and societal impact — The Court must not conduct a threadbare analysis of evidence at the bail stage, but the order must reflect application of mind and assessment of relevant factors — Conduct of the accused subsequent to the grant of bail is not a ground for appeal against grant of bail, but for cancellation. (Paras 7, 8)

Dec 9, 2025 sclaw
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(xi) — Conviction and Requirement of Caste-Based Intention — High Court’s finding that the offence was committed “simply for reason that the complainant was belonging to scheduled caste” held perverse — No statement in court by the victim or PW-2 suggesting that the accused were motivated by the victim’s caste — Finding based on mere observation without evidence is unsustainable. (Para 20)
SC/ST
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(xi) — Conviction and Requirement of Caste-Based Intention — High Court’s finding that the offence was committed “simply for reason that the complainant was belonging to scheduled caste” held perverse — No statement in court by the victim or PW-2 suggesting that the accused were motivated by the victim’s caste — Finding based on mere observation without evidence is unsustainable. (Para 20)
Bharatiya Nyaya Sanhita, 2023 — Sections 316(4), 344, 61 (2) — Bail — Appeal against grant of bail — Distinguished from cancellation of bail — An appeal against the grant of bail is not on the same footing as an application for cancellation of bail — Superior Court interference in bail grant requires grounds such as perversity, illegality, inconsistency with law, or non-consideration of relevant factors including gravity of the offense and societal impact — The Court must not conduct a threadbare analysis of evidence at the bail stage, but the order must reflect application of mind and assessment of relevant factors — Conduct of the accused subsequent to the grant of bail is not a ground for appeal against grant of bail, but for cancellation. (Paras 7, 8)
Bharatiya Nyaya Sanhita
Bharatiya Nyaya Sanhita, 2023 — Sections 316(4), 344, 61 (2) — Bail — Appeal against grant of bail — Distinguished from cancellation of bail — An appeal against the grant of bail is not on the same footing as an application for cancellation of bail — Superior Court interference in bail grant requires grounds such as perversity, illegality, inconsistency with law, or non-consideration of relevant factors including gravity of the offense and societal impact — The Court must not conduct a threadbare analysis of evidence at the bail stage, but the order must reflect application of mind and assessment of relevant factors — Conduct of the accused subsequent to the grant of bail is not a ground for appeal against grant of bail, but for cancellation. (Paras 7, 8)
Penal Code, 18602 (IPC) — Sections 302 and 460 — Appreciation of Evidence — Prior Enmity and Delayed Disclosure of Accused’s Name — Where the star eyewitness (PW-2), the wife of the deceased, provided a detailed account of the assault to the informant (PW-1) immediately after the incident, but failed to name the accused in the First Information Report (FIR), this omission is fatal to the prosecution case, especially when there existed a palpable prior enmity between the witness’s family and the accused (who was the brother of the deceased’s second wife). (Paras 28, 31, 40, 41, 45)
I P C
Penal Code, 18602 (IPC) — Sections 302 and 460 — Appreciation of Evidence — Prior Enmity and Delayed Disclosure of Accused’s Name — Where the star eyewitness (PW-2), the wife of the deceased, provided a detailed account of the assault to the informant (PW-1) immediately after the incident, but failed to name the accused in the First Information Report (FIR), this omission is fatal to the prosecution case, especially when there existed a palpable prior enmity between the witness’s family and the accused (who was the brother of the deceased’s second wife). (Paras 28, 31, 40, 41, 45)
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) — Section 3(1)(s) — Essential ingredient — Requirement of caste-based abuse occurring “in any place within public view” — Interpretation — For an offence under Section 3(1)(s) to be made out, the place where the utterance is made must be open, enabling the public to witness or hear the abuse — Abuse uttered within the four corners of a house, where public members are not present, does not satisfy the requirement of being “within public view” — Allegation that casteist abuses were hurled inside the complainant’s residence does not meet the statutory requirement — House of the complainant cannot be considered “within public view.” (Paras 9, 10, 11, 13)
SC/ST
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) — Section 3(1)(s) — Essential ingredient — Requirement of caste-based abuse occurring “in any place within public view” — Interpretation — For an offence under Section 3(1)(s) to be made out, the place where the utterance is made must be open, enabling the public to witness or hear the abuse — Abuse uttered within the four corners of a house, where public members are not present, does not satisfy the requirement of being “within public view” — Allegation that casteist abuses were hurled inside the complainant’s residence does not meet the statutory requirement — House of the complainant cannot be considered “within public view.” (Paras 9, 10, 11, 13)
Cheque Dishonour

Complaint should contain averment that accused were incharge of the business of the company – Complainant bound to make statement on oath as to how offence was committed and accused persons were responsible therefor – Appellants were not Directors of the Company at the relevant time – Impugned order directing issue of process cannot be sustained and set aside.

May 29, 2017 sclaw

  AIR 2006 SC 3086 : (2007) 2 BC 210 : (2006) 6 CompLJ 290 : (2006) CriLJ 4602 : (2006) 12 JT 20 : (2006) 9 SCALE 212 :…

C P C

Civil Procedure Code, 1908 (CPC) – Order 23, Rule 3A – Bar to suit – Suit for Declaration and injunction – Agreement to develop plot of trust and construction of community hall – A sum of Rs. 10,000/- was paid out of a sum of Rs. 3,00,000/- payable as consideration – Categorical finding of fact that earlier suit was filed with the knowledge and consent of all the trustees not disturbed

May 29, 2017 sclaw

  (2006) 5 CTC 93 : (2006) 12 JT 69 : (2006) 9 SCALE 174 : (2006) 10 SCC 669 : (2006) 6 SCR 48 Supp SUPREME COURT OF INDIA…

Consumer

Insurance company, despite report of investigator, failed to establish that the case of appellants was not justified and not covered by insurance policy – Insurance company had approved appellant’s claim for Rs. 20,43,605/- – Insurance company directed to pay to appellants balance amount of Rs. 97,83,827/- together with interest at the rate of 9 per cent per annum from the date of claim till payment.

May 29, 2017 sclaw

  (2006) ACJ 2547 : AIR 2006 SC 3261 : (2006) 6 CompLJ 281 : (2006) 4 CPJ 3 : (2006) 12 JT 98 : (2006) 9 SCALE 293 :…

You missed

SC/ST

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(xi) — Conviction and Requirement of Caste-Based Intention — High Court’s finding that the offence was committed “simply for reason that the complainant was belonging to scheduled caste” held perverse — No statement in court by the victim or PW-2 suggesting that the accused were motivated by the victim’s caste — Finding based on mere observation without evidence is unsustainable. (Para 20)

Dec 9, 2025 sclaw
Bharatiya Nyaya Sanhita

Bharatiya Nyaya Sanhita, 2023 — Sections 316(4), 344, 61 (2) — Bail — Appeal against grant of bail — Distinguished from cancellation of bail — An appeal against the grant of bail is not on the same footing as an application for cancellation of bail — Superior Court interference in bail grant requires grounds such as perversity, illegality, inconsistency with law, or non-consideration of relevant factors including gravity of the offense and societal impact — The Court must not conduct a threadbare analysis of evidence at the bail stage, but the order must reflect application of mind and assessment of relevant factors — Conduct of the accused subsequent to the grant of bail is not a ground for appeal against grant of bail, but for cancellation. (Paras 7, 8)

Dec 9, 2025 sclaw
I P C

Penal Code, 18602 (IPC) — Sections 302 and 460 — Appreciation of Evidence — Prior Enmity and Delayed Disclosure of Accused’s Name — Where the star eyewitness (PW-2), the wife of the deceased, provided a detailed account of the assault to the informant (PW-1) immediately after the incident, but failed to name the accused in the First Information Report (FIR), this omission is fatal to the prosecution case, especially when there existed a palpable prior enmity between the witness’s family and the accused (who was the brother of the deceased’s second wife). (Paras 28, 31, 40, 41, 45)

Dec 9, 2025 sclaw
SC/ST

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) — Section 3(1)(s) — Essential ingredient — Requirement of caste-based abuse occurring “in any place within public view” — Interpretation — For an offence under Section 3(1)(s) to be made out, the place where the utterance is made must be open, enabling the public to witness or hear the abuse — Abuse uttered within the four corners of a house, where public members are not present, does not satisfy the requirement of being “within public view” — Allegation that casteist abuses were hurled inside the complainant’s residence does not meet the statutory requirement — House of the complainant cannot be considered “within public view.” (Paras 9, 10, 11, 13)

Dec 9, 2025 sclaw