Supreme Court of India Judgements

June 27, 2025 6:50 am

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Res Judicata Principle Applies To Different Stages Of Same Proceedings As Well Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation Constitution of India — Article 20(3) — Right Against Self-Incrimination — Constitutional Validity of Narco-Analysis Test — Forced Tests Raise Serious Questions — Involuntary Administration Hit by Article 20(3) – Involuntary Narco-Analysis Test — Contravention of Rights — Results Not ‘Material Evidence’ — Violates ‘Substantive Due Process’ — Breaches Privacy Boundaries. Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery. High Court’s power under Section 482 CrPC is limited to determining a prima facie case from the FIR, without appreciating defence evidence or conducting a mini-trial.

C P C

Res Judicata Principle Applies To Different Stages Of Same Proceedings As Well

Jun 24, 2025 sclaw

Consumer

Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

Jun 12, 2025 sclaw

C P C

Res Judicata Principle Applies To Different Stages Of Same Proceedings As Well

Jun 24, 2025 sclaw

Consumer

Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

Jun 12, 2025 sclaw

Constitution

Constitution of India — Article 20(3) — Right Against Self-Incrimination — Constitutional Validity of Narco-Analysis Test — Forced Tests Raise Serious Questions — Involuntary Administration Hit by Article 20(3) – Involuntary Narco-Analysis Test — Contravention of Rights — Results Not ‘Material Evidence’ — Violates ‘Substantive Due Process’ — Breaches Privacy Boundaries.

Jun 11, 2025 sclaw

C P C Railways Act

Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery.

Jun 10, 2025 sclaw

Cr P C

High Court’s power under Section 482 CrPC is limited to determining a prima facie case from the FIR, without appreciating defence evidence or conducting a mini-trial.

Jun 10, 2025 sclaw

C P C

Res Judicata Principle Applies To Different Stages Of Same Proceedings As Well

Consumer

Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

Constitution

Constitution of India — Article 20(3) — Right Against Self-Incrimination — Constitutional Validity of Narco-Analysis Test — Forced Tests Raise Serious Questions — Involuntary Administration Hit by Article 20(3) – Involuntary Narco-Analysis Test — Contravention of Rights — Results Not ‘Material Evidence’ — Violates ‘Substantive Due Process’ — Breaches Privacy Boundaries.

C P C Railways Act

Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery.

Service

Army Rules, 1954 – Rule 13(3)(III)(v) – Discharge from service – Offences for which the red ink entries are awarded, cannot be said to be such gross misconduct which would make the appellant indiscipline and liable to be discharged from service and that too, after a period of long service rendered by him – Order of discharge is wholly unjustified and not sustainable at law – Appeal allowed.

Acquittal

(IPC) – Section 409 – Criminal breach of trust by public servant, or by banker, merchant or agent -‘criminal breach of trust’ is defined under Section 405 IPC which provides, inter alia, that whoever being in any manner entrusted with property or with any dominion over a property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property contrary to law, or in violation of any law prescribing the mode in which such trust is to be discharged, or contravenes any legal contract, express or implied, etc. shall be held to have committed criminal breach of trust

Consumer

Consumer Protection Act, 1986 – Section 2(d)(ii) – Deficiency in service – Any loss arising out of inaction and negligence on the part of the Bank, such deficiency is compensable under the provisions of the Consumer Protection Act, 1986

Service

Termination–Reservation–In advertisement, authorities failed to mention in regard to reservation for handicapped person at the outset–Appellants who were handicapped person were appointed–On Contempt petition State cancelled the selection and terminated the service–Service restored with backwages.

C P C

Res Judicata Principle Applies To Different Stages Of Same Proceedings As Well

Consumer

Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

Constitution

Constitution of India — Article 20(3) — Right Against Self-Incrimination — Constitutional Validity of Narco-Analysis Test — Forced Tests Raise Serious Questions — Involuntary Administration Hit by Article 20(3) – Involuntary Narco-Analysis Test — Contravention of Rights — Results Not ‘Material Evidence’ — Violates ‘Substantive Due Process’ — Breaches Privacy Boundaries.

C P C Railways Act

Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery.

Arbitration

Arbitrator–Dissolution of firm–One of the respondent was not party to arbitration clause–High Court rightly allowed the application for appointment of sole arbitrator for all the parties concerned.

Apr 8, 2017 sclaw

2007(1) LAW HERALD (SC) 919 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice R.V. Raveendran Criminal Appeal No.814 of 2007 Vipin…

Corporate

Dishonour of Cheque–Offence by Company–Director of company should not automatically be vicariously liable for commission of an offence–There should be sufficient averments to show that the person who is sought to be proceeded against on the premise of his being vicariously liable for commission of an offence by the Company must be incharge and shall also be responsible to the Company for the conduct of its business.

Apr 8, 2017 sclaw

2007(1) LAW HERALD (SC) 909 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 664 of 2002…

Cr P C I P C

Rape–Accuseds were sexually obsessed youngsters–Death penalty awarded. Murder–Circumstantial Evidence–Onus is on the prosecution to prove that chain is complete–Circumstances to be proved; enumerated Death Penalty–Rarest of rare cases–Test to determine.

Apr 8, 2017 sclaw

2007(1) LAW HERALD (SC) 900 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arjit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No. 202…

Property Matters

Agreement to sell–Written agreement–Part payment in cash–No receipt produced, nor there was recital of the same in registration document–Evidence to contradict the terms of written agreement, is not permissible.

Apr 8, 2017 sclaw

2007(1) LAW HERALD (SC) 894 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.P. Singh The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 866 of 2007…

Evidence Act

Evidence–Normal discrepancies–Do not corrode the credibility of case and they are always there, however honest and truthful a witness may be. Evidence–Falsity of particular material witness or material particular would not ruin it from the beginning to end.

Apr 8, 2017 sclaw

2007(1) LAW HERALD (SC) 891 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arjit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 205…

Cr P C

Anticipatory Bail–Apprehension of arrest–Case was under investigation–Interim order restraining arrest–Order will amount to interference in the investigation–Cannot be done at any rate

Apr 8, 2017 sclaw

2007(1) LAW HERALD (SC) 885 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Jusitce R.V. Raveendran Criminal Appeal No. 249…

Constitution

Appeal to Supreme Court–Article 136 does not confer a right of appeal upon any party but merely vests a discretion in the Supreme Court to interfere in exceptional cases. Appeal–Under the Constitutional scheme, ordinarily the last Court in the country in ordinary cases was meant to be the High Court.

Apr 8, 2017 sclaw

2007(1) LAW HERALD (SC) 881 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 188 of…

Cr P C

Transfer Petition–There should not be any scope given to any person to go away with the feeling that the Judge was biased, however unfounded the impression may be.

Apr 8, 2017 sclaw

2007(1) LAW HERALD (SC) 876 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice R.V. Raveendran Criminal Appeal No. 241…

Acquittal Dying Declaration

Dying declaration—Accused has no power of cross-examination–This is the reason dying declaration should be of such nature as to inspire full confidence of the Court on its correctness. Dying declaration—Principles governing dying declaration summed up.

Apr 8, 2017 sclaw

2007(1) LAW HERALD (SC) 871 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arjit Pasayat The Hon’ble Mr. Justice R.V. Raveendran Criminal Appeal No.236 of…

Cheque Dishonour

Dishonour of Cheque— Standard of proof in discharge of the burden–Being of preponderance of a probability, the inference therefor can be drawn not only from the materials brought on record but also from the reference to the circumstances upon which the accused relies upon.

Apr 8, 2017 sclaw

2007(1) LAW HERALD (SC) 865 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 233 of…

You missed

C P C

Res Judicata Principle Applies To Different Stages Of Same Proceedings As Well

Jun 24, 2025 sclaw

Consumer

Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

Jun 12, 2025 sclaw

Constitution

Constitution of India — Article 20(3) — Right Against Self-Incrimination — Constitutional Validity of Narco-Analysis Test — Forced Tests Raise Serious Questions — Involuntary Administration Hit by Article 20(3) – Involuntary Narco-Analysis Test — Contravention of Rights — Results Not ‘Material Evidence’ — Violates ‘Substantive Due Process’ — Breaches Privacy Boundaries.

Jun 11, 2025 sclaw

C P C Railways Act

Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery.

Jun 10, 2025 sclaw