Supreme Court of India Judgements

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Constitution of India, 1950 — Article 32 — Writ jurisdiction — Violation of Fundamental Rights — A writ petition under Article 32 requires a prima facie case of violation or imminent threat of violation of a Fundamental Right, with specific pleadings and prayers for relief. Vague allegations of arbitrariness or violation of natural justice without specific impact on Fundamental Rights are insufficient to maintain the petition. Juvenile Justice (Care and Protection of Children) Act, 2000 — Applicability — Plea of juvenility raised for the first time before the Supreme Court — Permissible at any stage, even after disposal of the case, as held in various judgments of the Supreme Court.-— Determination of Age — Inquiry report confirmed the appellant was a juvenile (16 years, 2 months, 3 days) at the time of the commission of the offence. Criminal Procedure Code, 1973 — Section 482 — Quashing of proceedings — High Court quashed proceedings under SC/ST Act, 1989, against respondents — Appellant contended High Court erred in exercising jurisdiction, overlooking evidence, and conducting roving inquiry — Court held High Court’s scope under Section 482 is limited to determining if allegations disclose a cognizable offence, and it should not engage in detailed evidence evaluation at pre-trial stage — However, if allegations are baseless, motivated by personal vendetta, or lack requisite ingredients for an offence, High Court can quash proceedings to prevent abuse of process. Criminal Procedure Code, 1973 — Section 482 — Quashing of criminal proceedings — Second quashing petition — Maintainability — Not permissible to raise previously available grounds in a subsequent petition to effect a review of an earlier order, violating Section 362 CrPC — Exception is when there has been a change in circumstances. DTAA, India-UAE, Article 5(1) — Permanent Establishment — Definition of “fixed place of business” — The definition of Permanent Establishment requires a fixed place of business through which the business of an enterprise is wholly or partly carried on. The key test is whether the place is “at the disposal” of the enterprise, meaning the enterprise has the right to use the premises to carry on its business. Factors like stability, productivity, and a degree of independence are also considered.
Constitution of India, 1950 — Article 32 — Writ jurisdiction — Violation of Fundamental Rights — A writ petition under Article 32 requires a prima facie case of violation or imminent threat of violation of a Fundamental Right, with specific pleadings and prayers for relief. Vague allegations of arbitrariness or violation of natural justice without specific impact on Fundamental Rights are insufficient to maintain the petition.
Constitution
Constitution of India, 1950 — Article 32 — Writ jurisdiction — Violation of Fundamental Rights — A writ petition under Article 32 requires a prima facie case of violation or imminent threat of violation of a Fundamental Right, with specific pleadings and prayers for relief. Vague allegations of arbitrariness or violation of natural justice without specific impact on Fundamental Rights are insufficient to maintain the petition.
Juvenile Justice (Care and Protection of Children) Act, 2000 — Applicability — Plea of juvenility raised for the first time before the Supreme Court — Permissible at any stage, even after disposal of the case, as held in various judgments of the Supreme Court.-— Determination of Age — Inquiry report confirmed the appellant was a juvenile (16 years, 2 months, 3 days) at the time of the commission of the offence.
Juvenile Justice
Juvenile Justice (Care and Protection of Children) Act, 2000 — Applicability — Plea of juvenility raised for the first time before the Supreme Court — Permissible at any stage, even after disposal of the case, as held in various judgments of the Supreme Court.-— Determination of Age — Inquiry report confirmed the appellant was a juvenile (16 years, 2 months, 3 days) at the time of the commission of the offence.
Criminal Procedure Code, 1973 — Section 482 — Quashing of proceedings — High Court quashed proceedings under SC/ST Act, 1989, against respondents — Appellant contended High Court erred in exercising jurisdiction, overlooking evidence, and conducting roving inquiry — Court held High Court’s scope under Section 482 is limited to determining if allegations disclose a cognizable offence, and it should not engage in detailed evidence evaluation at pre-trial stage — However, if allegations are baseless, motivated by personal vendetta, or lack requisite ingredients for an offence, High Court can quash proceedings to prevent abuse of process.
Cr P C SC/ST
Criminal Procedure Code, 1973 — Section 482 — Quashing of proceedings — High Court quashed proceedings under SC/ST Act, 1989, against respondents — Appellant contended High Court erred in exercising jurisdiction, overlooking evidence, and conducting roving inquiry — Court held High Court’s scope under Section 482 is limited to determining if allegations disclose a cognizable offence, and it should not engage in detailed evidence evaluation at pre-trial stage — However, if allegations are baseless, motivated by personal vendetta, or lack requisite ingredients for an offence, High Court can quash proceedings to prevent abuse of process.
Criminal Procedure Code, 1973 — Section 482 — Quashing of criminal proceedings — Second quashing petition — Maintainability — Not permissible to raise previously available grounds in a subsequent petition to effect a review of an earlier order, violating Section 362 CrPC — Exception is when there has been a change in circumstances.
Cr P C
Criminal Procedure Code, 1973 — Section 482 — Quashing of criminal proceedings — Second quashing petition — Maintainability — Not permissible to raise previously available grounds in a subsequent petition to effect a review of an earlier order, violating Section 362 CrPC — Exception is when there has been a change in circumstances.
Education

Constitution of India, 1950 – Articles 14, 16 and 226 – Education – Admission – Eligibility – Prospectus – Whether a State Government employee lent on deputation [at the request of the State Government employee on health ground] to a department of Central Government can be considered as a serving Central Government employee within the meaning of eligibility clause

May 7, 2017 sclaw

  (1998) 9 AD 187 : AIR 1999 SC 227 : (1998) 8 JT 274 : (1998) 6 SCALE 375 : (1999) 1 SCC 126 : (1998) 3 SCR 271…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 311 – Summoning of witness – Closure of prosecution evidence – Order passed merely on ground that public prosecutor has not prayed for adjournment or for examination of other witnesses – No notice issued to Police Station Officer-in-charge – Order cannot be said to be proper – Witnesses can be summoned under Section 311 in spite of said order.

May 7, 2017 sclaw

  AIR 2002 SC 270 : (2002) CriLJ 568 : (2002) 1 Crimes 197 : (2001) 10 JT 111 : (2001) 8 SCALE 320 : (2002) 1 SCC 655 :…

Land Acquisition

Land Acquisition Act, 1894 – Section – 4(1), 23(1) – Stamp Act – Section – 48 – Enhancement of the compensation – The High Court by the impugned judgment dated 22nd August, 1989 made in R.F.A. No52/89 and batch uniformly enhanced the market value to Rs. 12,000/- per bigha – Court has considered the entire gamut of the operation of the relevant provisions of Stamps Act and held that the fixation by the Government of the amount under Stamp Act for fiscal purpose bears no relevance to determine the market value

May 7, 2017 sclaw

(1995) 4 SCALE 726 : (1995) 5 SCC 310 : (1995) 2 SCR 572 Supp SUPREME COURT OF INDIA PAINDER SINGH AND OTHERS — Appellant Vs. UNION OF INDIA (UOI)…

Service Matters
Service

Appellant, a professor in Physics was appointed as Vice-Chancellor of Mysore University – Immediately another order passed rescinding earlier order as he had been facing a criminal case – This order had been passed immediately and much before the date on which appointment could become effective – There was no necessity to give him an opportunity

May 6, 2017 sclaw

  AIR 1999 SC 849 : (1998) 8 JT 344 : (1998) 6 SCALE 378 : (1999) 1 SCC 422 : (1999) SCC(L&S) 229 : (1998) 3 SCR 165 Supp…

Corporate

A lawyer, no doubt has a duty towards his client to do his best in his interest but within the parameters of law – He at the same time is equally responsible to assist the court fairly on the exact and latest position of law to his knowledge – His right to debate in the court is no licence to sidetrack the issue and mislead or pressurise the court to act in a particular manner – If he does so, it amounts of his misconduct attracting the wrath of disciplinary provisions of the Advocates Act.

May 6, 2017 sclaw

  AIR 2001 SC 457 : (2000) 3 JT 505 Supp : (2000) 8 SCALE 76 : (2001) 2 SCC 221 : (2000) 5 SCR 345 Supp : (2001) 1…

I P C

Penal Code, 1860 (IPC) – Section 364-A – Abduction – Conveyance of demand of ransom – Abduction of victim, a college student – Accused persons told him that they will ask his father to pay a huge amount for his release – Victim managed to escape and informed villagers – Accused arrested on the spot – Demand of ransom has already been made by conveying it to victim

May 6, 2017 sclaw

  (2004) CriLJ 4645 : (2004) 8 JT 72 : (2004) 7 SCALE 671 : (2004) 8 SCC 95 SUPREME COURT OF INDIA MALLESHI — Appellant Vs. STATE OF KARNATAKA…

Acquittal Cr P C

There are no cogent materials upon which the subjective satisfaction of the detaining Authority that the detenu was likely to be released on bail was arrived at; and there was a delay of 6 days in forwarding representation to the Central government – All the procedural requirements of Article 22 are mandatory in character and even if one of the procedural requirements is not complied with, the order of detention would be rendered illegal

May 6, 2017 sclaw

  (2010) 10 JT 456(1) : (2010) 10 SCALE 248 : (2010) 9 SCC 618 : (2010) 10 UJ 5119 SUPREME COURT OF INDIA SMT. PEBAM NINGOL MIKOI DEVI —…

Bail Granted

Criminal Procedure Code, 1973 (CrPC) – Section 439 – Constitution of India – Article 21 – Bail – Cancellation – Accused cannot be granted bail only on the ground that he was in custody for seven months – Individual liberty is restricted by larger social interest and its deprivation must have due sanction of law.

May 6, 2017 sclaw

(2012) CriLJ 4670 : (2012) 4 JCC 2909 : (2012) 9 JT 155 : (2013) 1 RCR(Criminal) 277 : (2012) 9 SCALE 165 : (2012) 9 SCC 446 SUPREME COURT…

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Constitution

Constitution of India, 1950 — Article 32 — Writ jurisdiction — Violation of Fundamental Rights — A writ petition under Article 32 requires a prima facie case of violation or imminent threat of violation of a Fundamental Right, with specific pleadings and prayers for relief. Vague allegations of arbitrariness or violation of natural justice without specific impact on Fundamental Rights are insufficient to maintain the petition.

Jul 28, 2025 sclaw
Juvenile Justice

Juvenile Justice (Care and Protection of Children) Act, 2000 — Applicability — Plea of juvenility raised for the first time before the Supreme Court — Permissible at any stage, even after disposal of the case, as held in various judgments of the Supreme Court.-— Determination of Age — Inquiry report confirmed the appellant was a juvenile (16 years, 2 months, 3 days) at the time of the commission of the offence.

Jul 28, 2025 sclaw
Cr P C SC/ST

Criminal Procedure Code, 1973 — Section 482 — Quashing of proceedings — High Court quashed proceedings under SC/ST Act, 1989, against respondents — Appellant contended High Court erred in exercising jurisdiction, overlooking evidence, and conducting roving inquiry — Court held High Court’s scope under Section 482 is limited to determining if allegations disclose a cognizable offence, and it should not engage in detailed evidence evaluation at pre-trial stage — However, if allegations are baseless, motivated by personal vendetta, or lack requisite ingredients for an offence, High Court can quash proceedings to prevent abuse of process.

Jul 28, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 — Section 482 — Quashing of criminal proceedings — Second quashing petition — Maintainability — Not permissible to raise previously available grounds in a subsequent petition to effect a review of an earlier order, violating Section 362 CrPC — Exception is when there has been a change in circumstances.

Jul 28, 2025 sclaw