Supreme Court of India Judgements

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Criminal Procedure Code, 1973 (CrPC) — Anticipatory Bail — Power of Court to Direct Surrender — When an anticipatory bail application is rejected, the court does not have the jurisdiction to direct the petitioner to surrender — The rejection of anticipatory bail means that an application for pre-arrest bail has been denied, and the subsequent steps regarding arrest and regular bail should follow the normal procedure as per law. Insolvency and Bankruptcy Code, 2016 (IBC) — Sections 7, 3(10), 5(7), 5(8) — Corporate Insolvency Resolution Process (CIRP) — Admission of petition — Appeal against NCLAT order setting aside NCLT order and directing admission of Section 7 petition — Held, IBC is not a debt recovery legislation but for reorganisation and insolvency resolution — Initiation of CIRP as a substitute for execution of a civil court decree is an abuse of process. Arbitration and Conciliation Act, 1996 — Section 9 — Petition under Section 9 at post-award stage by unsuccessful party — Maintainability — Bombay, Delhi, Madras and Karnataka High Courts held such petitions not maintainable — Telangana, Gujarat and Punjab & Haryana High Courts held such petitions maintainable — Supreme Court held that any party to an arbitration agreement, including an unsuccessful party, can invoke Section 9 at the post-award stage, overruling the former judgments. Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of pleadings — Permissibility while considering grant of leave to amend a plaint — Court can examine the merits/demerits of the case — Landlord filed suit for eviction based on bonafide need and other grounds — During appeal, landlord died — Legal heirs sought to amend plaint to incorporate their bonafide need, including that of appellant’s wife and son — Trial Court dismissed the suit — Appellate Bench allowed amendment, directing issue of bonafide requirement to be sent back to Trial Court for evidence — High Court, in writ petition, set aside amendment allowing fresh suit — Supreme Court held that High Court erred in interfering with the discretion of Appellate Bench under Article 227, as amendment was permissible. Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 37(1)(b)(ii) — Grant of bail in commercial quantity cases — Twin Conditions — Mandatory nature — High Court must record satisfaction on reasonable grounds for believing accused is not guilty and not likely to commit offence while on bail — Failure to record satisfaction vitiates bail order — Speedy trial under Article 21 to be harmoniously read with Section 37, not to override it — Bail granted without recorded satisfaction is unsustainable.
Criminal Procedure Code, 1973 (CrPC) — Anticipatory Bail — Power of Court to Direct Surrender — When an anticipatory bail application is rejected, the court does not have the jurisdiction to direct the petitioner to surrender — The rejection of anticipatory bail means that an application for pre-arrest bail has been denied, and the subsequent steps regarding arrest and regular bail should follow the normal procedure as per law.
Anticipatory Bail Cr P C
Criminal Procedure Code, 1973 (CrPC) — Anticipatory Bail — Power of Court to Direct Surrender — When an anticipatory bail application is rejected, the court does not have the jurisdiction to direct the petitioner to surrender — The rejection of anticipatory bail means that an application for pre-arrest bail has been denied, and the subsequent steps regarding arrest and regular bail should follow the normal procedure as per law.
Insolvency and Bankruptcy Code, 2016 (IBC) — Sections 7, 3(10), 5(7), 5(8) — Corporate Insolvency Resolution Process (CIRP) — Admission of petition — Appeal against NCLAT order setting aside NCLT order and directing admission of Section 7 petition — Held, IBC is not a debt recovery legislation but for reorganisation and insolvency resolution — Initiation of CIRP as a substitute for execution of a civil court decree is an abuse of process.
I B C
Insolvency and Bankruptcy Code, 2016 (IBC) — Sections 7, 3(10), 5(7), 5(8) — Corporate Insolvency Resolution Process (CIRP) — Admission of petition — Appeal against NCLAT order setting aside NCLT order and directing admission of Section 7 petition — Held, IBC is not a debt recovery legislation but for reorganisation and insolvency resolution — Initiation of CIRP as a substitute for execution of a civil court decree is an abuse of process.
Arbitration and Conciliation Act, 1996 — Section 9 — Petition under Section 9 at post-award stage by unsuccessful party — Maintainability — Bombay, Delhi, Madras and Karnataka High Courts held such petitions not maintainable — Telangana, Gujarat and Punjab & Haryana High Courts held such petitions maintainable — Supreme Court held that any party to an arbitration agreement, including an unsuccessful party, can invoke Section 9 at the post-award stage, overruling the former judgments.
Arbitration
Arbitration and Conciliation Act, 1996 — Section 9 — Petition under Section 9 at post-award stage by unsuccessful party — Maintainability — Bombay, Delhi, Madras and Karnataka High Courts held such petitions not maintainable — Telangana, Gujarat and Punjab & Haryana High Courts held such petitions maintainable — Supreme Court held that any party to an arbitration agreement, including an unsuccessful party, can invoke Section 9 at the post-award stage, overruling the former judgments.
Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of pleadings — Permissibility while considering grant of leave to amend a plaint — Court can examine the merits/demerits of the case — Landlord filed suit for eviction based on bonafide need and other grounds — During appeal, landlord died — Legal heirs sought to amend plaint to incorporate their bonafide need, including that of appellant’s wife and son — Trial Court dismissed the suit — Appellate Bench allowed amendment, directing issue of bonafide requirement to be sent back to Trial Court for evidence — High Court, in writ petition, set aside amendment allowing fresh suit — Supreme Court held that High Court erred in interfering with the discretion of Appellate Bench under Article 227, as amendment was permissible.
C P C Rent
Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of pleadings — Permissibility while considering grant of leave to amend a plaint — Court can examine the merits/demerits of the case — Landlord filed suit for eviction based on bonafide need and other grounds — During appeal, landlord died — Legal heirs sought to amend plaint to incorporate their bonafide need, including that of appellant’s wife and son — Trial Court dismissed the suit — Appellate Bench allowed amendment, directing issue of bonafide requirement to be sent back to Trial Court for evidence — High Court, in writ petition, set aside amendment allowing fresh suit — Supreme Court held that High Court erred in interfering with the discretion of Appellate Bench under Article 227, as amendment was permissible.
I P C

Penal Code, 1860 — Sections 498A & 306 — Cruelty & Abetment of Suicide — Allegations supporting charges under Sections 498A and 306 IPC must be specific and substantiated — Vague complaints about the deceased being lazy or sick, without evidence of physical violence or persistent harassment meeting the threshold of cruelty likely to drive suicide, are insufficient for conviction under these sections.

Apr 14, 2025 sclaw

2025 INSC 460 SUPREME COURT OF INDIA DIVISION BENCH JAGDISH GOND Vs. THE STATE OF CHHATTISGARH AND OTHERS ( Before : Sudhanshu Dhulia and K. Vinod Chandran, JJ. ) Criminal…

Cr P C

An FIR registered under the Prevention of Corruption Act and S. 120-B IPC concerning a decades-old land transaction was rightly quashed under S. 482 Cr.P.C. against the Managing Director of the beneficiary cooperative society where the allegations amounted merely to a “bland allegation of connivance” with state officials, without specifying his role in the alleged criminal conspiracy or corruption, and where no personal benefit was alleged to have accrued to him.

Apr 14, 2025 sclaw

2025 INSC 461 SUPREME COURT OF INDIA DIVISION BENCH UNION TERRITORY OF JAMMU AND KASHMIR Vs. BRIJ BHUSHAN ( Before : Sudhanshu Dhulia and K. Vinod Chandran, JJ. ) Special…

I P C

Where the complainant was aware that the accused was married at the inception of the relationship, and the relationship was prolonged (spanning several years, even after both parties obtained divorces from their respective spouses), the consent given by a mature complainant is deemed reasoned and conscious, negating the element of “misconception of fact” — A subsequent breach of promise does not automatically convert the initial consent into one obtained by deceit under S. 375 IPC.

Apr 14, 2025 sclaw

2025 INSC 457 SUPREME COURT OF INDIA DIVISION BENCH JASPAL SINGH KAURAL Vs. THE STATE OF NCT OF DELHI AND ANOTHER ( Before : B. V. Nagarathna and Satish Chandra…

I P C

Penal Code, 1860 — Section 376 — Rape — Consent — Misconception of Fact — Promise to Marry — Consent to sexual intercourse given by a mature individual, fully aware from the outset that the promisor is already married (though separated), cannot be deemed to be vitiated by a “misconception of fact” under Section 375 IPC merely based on a promise to marry after obtaining a divorce

Apr 13, 2025 sclaw

2025 INSC 458 SUPREME COURT OF INDIA DIVISION BENCH BISWAJYOTI CHATTERJEE Vs. STATE OF WEST BENGAL AND ANOTHER ( Before : B. V. Nagarathna and Satish Chandra Sharma, JJ. )…

Registration Act State Laws

Registration Act, 1908 — Tamil Nadu Registration Rules — Rule 55A(i) — Validity — Ultra Vires — Rule 55A(i) of the Tamil Nadu Registration Rules, which empowers a registering officer to refuse registration of a document relating to immovable property unless the presentant produces the previous original title deed of the executant or other specified proof of the executant’s right/title, is declared ultra vires the Registration Act, 1908

Apr 13, 2025 sclaw

2025 INSC 462 SUPREME COURT OF INDIA DIVISION BENCH K. GOPI Vs. THE SUB-REGISTRAR AND OTHERS ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. ) Civil Appeal No.…

Accident

Motor Vehicles Act, 1988 — Claim Petitions — Standard of Proof — In motor accident claim proceedings, the standard of proof required to establish the involvement of a vehicle and negligence is based on the preponderance of probabilities, not proof beyond a reasonable doubt as required in criminal cases

Apr 13, 2025 sclaw

2025 INSC 452 SUPREME COURT OF INDIA DIVISION BENCH KUNCHAM LAVANYA AND OTHERS Vs. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. AND ANOTHER ( Before : Sudhanshu Dhulia and Ahsanuddin Amanullah,…

Consumer

Insurance Law — Condition Precedent — Absurd Consequences — A term in an insurance policy will not be construed as a condition precedent to liability if doing so leads to absurd results, rendering the insurance cover ineffective under foreseeable circumstances (requiring voyage completion before monsoon, which might be prevented by an insured peril itself) — Such conditions may be disregarded if they vitiate the fundamental purpose of the insurance contract

Apr 13, 2025 sclaw

2025 INSC 453 SUPREME COURT OF INDIA DIVISION BENCH SOHOM SHIPPING PVT. LTD. Vs. M/S. THE NEW INDIA ASSURANCE CO. LTD. AND ANOTHER ( Before : B. V. Nagarathna and…

C P C SEBI

Res Judicata / Constructive Res Judicata — Applicability to SEBI Proceedings — The principles of res judicata and constructive res judicata, based on public policy ensuring finality, apply to proceedings before the Securities and Exchange Board of India (SEBI) and its Whole-Time Members (WTMs)

Apr 12, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SECURITIES AND EXCHANGE BOARD OF INDIA Vs. RAM KISHORI GUPTA AND ANOTHER ( Before : Sanjay Kumar and K.V. Viswanathan, JJ. ) Civil Appeal…

You missed

Anticipatory Bail Cr P C

Criminal Procedure Code, 1973 (CrPC) — Anticipatory Bail — Power of Court to Direct Surrender — When an anticipatory bail application is rejected, the court does not have the jurisdiction to direct the petitioner to surrender — The rejection of anticipatory bail means that an application for pre-arrest bail has been denied, and the subsequent steps regarding arrest and regular bail should follow the normal procedure as per law.

Apr 27, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 (IBC) — Sections 7, 3(10), 5(7), 5(8) — Corporate Insolvency Resolution Process (CIRP) — Admission of petition — Appeal against NCLAT order setting aside NCLT order and directing admission of Section 7 petition — Held, IBC is not a debt recovery legislation but for reorganisation and insolvency resolution — Initiation of CIRP as a substitute for execution of a civil court decree is an abuse of process.

Apr 27, 2026 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 9 — Petition under Section 9 at post-award stage by unsuccessful party — Maintainability — Bombay, Delhi, Madras and Karnataka High Courts held such petitions not maintainable — Telangana, Gujarat and Punjab & Haryana High Courts held such petitions maintainable — Supreme Court held that any party to an arbitration agreement, including an unsuccessful party, can invoke Section 9 at the post-award stage, overruling the former judgments.

Apr 27, 2026 sclaw
C P C Rent

Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of pleadings — Permissibility while considering grant of leave to amend a plaint — Court can examine the merits/demerits of the case — Landlord filed suit for eviction based on bonafide need and other grounds — During appeal, landlord died — Legal heirs sought to amend plaint to incorporate their bonafide need, including that of appellant’s wife and son — Trial Court dismissed the suit — Appellate Bench allowed amendment, directing issue of bonafide requirement to be sent back to Trial Court for evidence — High Court, in writ petition, set aside amendment allowing fresh suit — Supreme Court held that High Court erred in interfering with the discretion of Appellate Bench under Article 227, as amendment was permissible.

Apr 27, 2026 sclaw