Supreme Court of India Judgements

47295 Judgements hosted as on 01/08/2026 - Search (FREE), Subscribe @ Rs 99/- for 6 months, sclaw@sclaw.in, WA +91 9417245693.

Top Tags

Latest Post

Specific Relief Act, 1963 — Section 20 — Specific performance — Discretionary and equitable relief — Clean hands — Grant of specific performance is discretionary, not automatic even where a valid contract subsists; a plaintiff must approach the Court with clean hands. Where the plaintiff’s spouse lodged a criminal complaint seeking recovery of the advance paid, alleging the vendor fraudulently suppressed a subsisting injunction, while simultaneously maintaining a civil suit for specific performance, such conduct amounts to blowing “hot and cold” and disentitles the plaintiff to equitable relief. Criminal Procedure Code, 1973 (CrPC) — Section 299 — Absence of order — Effect on conviction — Where no order under S. 299 was ever passed at the stage the co-accused was tried (case having been split due to abscondence), the earlier deposition of a witness (since deceased) could not be relied upon to convict the accused apprehended and tried years later; identification by surviving eyewitnesses being doubtful and other witnesses having turned hostile, conviction based on such uncorroborated prior testimony unsustainable — appellant acquitted. Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property. Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force. Consumer Protection Act, 2019 — Deficiency of Service — Maintenance Contractor’s Liability — Elevator Malfunction — Comprehensive maintenance contractor, being both manufacturer and repair contractor with exclusive technical knowledge of safety interlocks and brake mechanisms, held principally deficient in service for failing to act on its own identified remedy (voltage stabiliser) despite repeated notice of persistent malfunction over several months preceding fatal accident.
Specific Performance

Specific Relief Act, 1963 — Section 20 — Specific performance — Discretionary and equitable relief — Clean hands — Grant of specific performance is discretionary, not automatic even where a valid contract subsists; a plaintiff must approach the Court with clean hands. Where the plaintiff’s spouse lodged a criminal complaint seeking recovery of the advance paid, alleging the vendor fraudulently suppressed a subsisting injunction, while simultaneously maintaining a civil suit for specific performance, such conduct amounts to blowing “hot and cold” and disentitles the plaintiff to equitable relief.

Aug 1, 2026 sclaw
Acquittal

Criminal Procedure Code, 1973 (CrPC) — Section 299 — Absence of order — Effect on conviction — Where no order under S. 299 was ever passed at the stage the co-accused was tried (case having been split due to abscondence), the earlier deposition of a witness (since deceased) could not be relied upon to convict the accused apprehended and tried years later; identification by surviving eyewitnesses being doubtful and other witnesses having turned hostile, conviction based on such uncorroborated prior testimony unsustainable — appellant acquitted.

Aug 1, 2026 sclaw
Specific Relief Act, 1963 — Section 20 — Specific performance — Discretionary and equitable relief — Clean hands — Grant of specific performance is discretionary, not automatic even where a valid contract subsists; a plaintiff must approach the Court with clean hands. Where the plaintiff’s spouse lodged a criminal complaint seeking recovery of the advance paid, alleging the vendor fraudulently suppressed a subsisting injunction, while simultaneously maintaining a civil suit for specific performance, such conduct amounts to blowing “hot and cold” and disentitles the plaintiff to equitable relief.
Specific Performance
Specific Relief Act, 1963 — Section 20 — Specific performance — Discretionary and equitable relief — Clean hands — Grant of specific performance is discretionary, not automatic even where a valid contract subsists; a plaintiff must approach the Court with clean hands. Where the plaintiff’s spouse lodged a criminal complaint seeking recovery of the advance paid, alleging the vendor fraudulently suppressed a subsisting injunction, while simultaneously maintaining a civil suit for specific performance, such conduct amounts to blowing “hot and cold” and disentitles the plaintiff to equitable relief.
Criminal Procedure Code, 1973 (CrPC) — Section 299 — Absence of order — Effect on conviction — Where no order under S. 299 was ever passed at the stage the co-accused was tried (case having been split due to abscondence), the earlier deposition of a witness (since deceased) could not be relied upon to convict the accused apprehended and tried years later; identification by surviving eyewitnesses being doubtful and other witnesses having turned hostile, conviction based on such uncorroborated prior testimony unsustainable — appellant acquitted.
Acquittal
Criminal Procedure Code, 1973 (CrPC) — Section 299 — Absence of order — Effect on conviction — Where no order under S. 299 was ever passed at the stage the co-accused was tried (case having been split due to abscondence), the earlier deposition of a witness (since deceased) could not be relied upon to convict the accused apprehended and tried years later; identification by surviving eyewitnesses being doubtful and other witnesses having turned hostile, conviction based on such uncorroborated prior testimony unsustainable — appellant acquitted.
Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.
Will & Succession
Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.
Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force.
Service
Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force.
Consumer

Consumer Protection Act, 1986, S.12–Education–Misleading advertisement-Institute did not file any documentary evidence that it was recognized by the Government in any manner and was affiliated with any state or central university-Contention that Diploma Course in Veterinary pharmacy is not governed by any statute; not accepted-Order directing refund of fee with interest upheld.

Aug 10, 2017 sclaw

2017(1) Law Herald (SC) 371 (NCDRC) : 2016 LawHeiald.Org 2450 IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION Before  The Hon’ble Mrs. Presiding Member M. Shreesha Revision Petition No. 1662 of…

I P C

Rape—Minor Victim—Delay in lodging FIR—Sexual assault on a girl aged nine years by her uncle—Incident came into light after 3 years—Accused convicted. Rape—Safe Testimony—Seeking corroboration to a statement before relying upon the same as a rule, in such cases, would literally amount to adding insult to injury.

Aug 10, 2017 sclaw

2017(1) Law Herald (SC) 360 : 2016 LawHerald.Org 2503 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr, Justice A.K. Sikri The Hon’ble Mr. Justice Abhay Manohar Sapre Criminal…

Corporate

Security Interest (Enforcement) Rules, 2002, R.8–Auction Sale-Symbolic Possession-No advertisement was published in the newspaper in terms of Rule 8(2) of the Rules and no possession notice under Rule 8(1) was affixed on the said property-Auction Sale though confirmed but set aside-Sale certificate quashed.

Aug 9, 2017 sclaw

2017(1) Law Herald (SC) 356 : 2016 LawHerald.Org 2534 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Anil R. Dave  The Hon’ble Mr. Justice Uday Umesh Lalit…

Constitution

Service Law—Sporting a beard—Muslim Airman—Religion of personnel does not prohibit the cutting off the hair or shaving off the face of its members-Permission held to be rightly declined, Service Law-Sporting of beard-Armed Forces-Appellant, an Airman belonging to Muslim Religion sought permission to sport a broad on religious grounds-Permission declined-Order upheld-Held;

Aug 9, 2017 sclaw

2017(1) Law Herald (SC) 351 : 2016 LawHerald.Org 2533 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice T.S. Thakur The Hon’ble Mr. Justice D.Y. Chandrachud The…

Dying Declaration

Dying Declaration—A valid dying declaration maybe made without obtaining a certificate fitness of the declaration by medical officer. Abetment of Suicide—Eve teasing—Active acts of the accused have led the deceased to put an end to her life as accused has played active role in tarnishing the self-esteem and self respect of the victim—Accused convicted.

Aug 8, 2017 sclaw

2017(2) Law Herald (SC) 1303 : 2017 LawHerald.Org 891 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice A.M. Khanwilkar The Hon’ble…

Cheque Dishonour

Dishonour of Cheque—Second notice is of no relevance and could be construed as reminder notice only. Dishonour of Cheque—Deemed Service—Once notice is sent by registered post by correctly addressing to the drawer of the cheque, the service of notice is deemed to have been effected.

Aug 8, 2017 sclaw

2017(2) Law Herald (SC) 1292 : 2017 LawHerald.Org 902 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice N. V. Ramana The Hon’ble Mr. Justice Prafulla C. Pant…

You missed

Specific Performance

Specific Relief Act, 1963 — Section 20 — Specific performance — Discretionary and equitable relief — Clean hands — Grant of specific performance is discretionary, not automatic even where a valid contract subsists; a plaintiff must approach the Court with clean hands. Where the plaintiff’s spouse lodged a criminal complaint seeking recovery of the advance paid, alleging the vendor fraudulently suppressed a subsisting injunction, while simultaneously maintaining a civil suit for specific performance, such conduct amounts to blowing “hot and cold” and disentitles the plaintiff to equitable relief.

Aug 1, 2026 sclaw
Acquittal

Criminal Procedure Code, 1973 (CrPC) — Section 299 — Absence of order — Effect on conviction — Where no order under S. 299 was ever passed at the stage the co-accused was tried (case having been split due to abscondence), the earlier deposition of a witness (since deceased) could not be relied upon to convict the accused apprehended and tried years later; identification by surviving eyewitnesses being doubtful and other witnesses having turned hostile, conviction based on such uncorroborated prior testimony unsustainable — appellant acquitted.

Aug 1, 2026 sclaw
Will & Succession

Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.

Jul 30, 2026 sclaw
Service

Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force.

Jul 30, 2026 sclaw