Supreme Court of India Judgements

47285Judgements hosted as on 15/07/2026 - Search (FREE), Subscribe @ Rs 99/- for 6 months, sclaw@sclaw.in, WA +91 9417245693.

Top Tags

Latest Post

Presidency Towns Insolvency Act, 1909 — Section 9(2) — “Decree or order” — Whether includes a recovery certificate issued by a Debts Recovery Tribunal under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (pre-2016 amendment) — Held, no — Insolvency Act, being weighed with grave civil consequence of “civil death”, must be strictly construed — Expression “decree or order” must bear the meaning assigned under Ss. 2(2) and 2(14), CPC, requiring adjudication by a “court” in a “suit” — A DRT recovery certificate, not being a decree or order of a court within this meaning, cannot found an insolvency notice under S. 9(2) — Ratio of Paramjeet Singh Patheja v. ICDS Ltd., (2006) 13 SCC 322 (rendered qua arbitral awards) held to rest on a wider principle applicable equally to DRT recovery certificates — Impugned judgment of Division Bench, Bombay High Court, affirming Single Judge’s quashing of insolvency notice, upheld. Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 — Section 47 — Non-discrimination in government employment — Employee acquiring disability during service — Mandatory obligation on employer to shift employee to alternate post with same pay and service benefits, or, failing that, to accommodate on supernumerary post till superannuation — Respondent, a CRPF Constable (Driver), rendered blind/partially blind in 1996 and medically invalidated from service in 1998 without consideration of alternate posting — Held, S. 47 casts a positive and mandatory obligation on employer to protect disabled employee and not await a request for accommodation — Order of medical invalidation dated 11-3-1998 held ultra vires S. 47 and Arts. 14 and 21 of the Constitution — Single Judge’s direction reinstating respondent, upheld by Division Bench, affirmed in principle, though relief modified in view of respondent’s superannuation — Kunal Singh v. Union of India, (2003) 4 SCC 524; Bhagwan Dass v. Punjab State Electricity Board, (2008) 1 SCC 579; Ravinder Kumar Dhariwal v. Union of India, (2023) 2 SCC 209, relied on. State Financial Corporations Act, 1951 — Sections 29 & 30 — Auction sale of mortgaged property by Financial Corporation for recovery of dues — Judicial review of, scope — Borrowers persistently defaulting over eight years despite multiple opportunities, repayment schedules fixed by High Court, and statutory notices — Financial Corporation auctioning mortgaged property after affording repeated chances including a final 21-day matching offer, which borrowers ignored — Held, fairness required of a Financial Corporation cannot be carried to the extent of disabling it from recovering what is due to it; fairness is not a one-way street — Courts have no say in matters between the Corporation and its debtor except where there is (a) statutory violation, or (b) the Corporation has acted unfairly/unreasonably — Writ court/civil court does not sit as an appellate authority over commercial decisions of the Corporation — Absence of prior valuation report, by itself, held insufficient to vitiate auction where borrowers never objected to the basis of sale (BOS — balance outstanding as on date of possession/sale deed) and themselves sought to retain the property on the very same terms — Concurrent findings of Trial Court and High Court setting aside auction sale, reversed. Protection of Children from Sexual Offences Act, 2012 — Sections 19(1) & 21 — “Knowledge that such an offence has been committed” — Meaning and scope — Held, not confined to direct/personal knowledge of commission of offence based on person’s own senses — Includes awareness founded on receipt of credible information regarding commission of offence punishable under the Act — Where such information is received directly from the victim, capable of communicating/reporting/informing, the same is deemed credible — Restrictive construction confining “knowledge” to direct, sensory knowledge would render sub-sections (5) & (6) of S. 19 and R. 4 of POCSO Rules, 2012 non-functional, and defeat the protective purpose of the Act — Person receiving report from victim not obliged to independently verify or investigate truth of allegation before reporting — Conducting a prior “verification exercise” to ascertain correctness of the child’s complaint, and reporting only if own assessment finds signs of assault, is impermissible and defeats the very purpose of the Act, since it may result in disappearance of evidence and delay — Delhi Rent Control Act, 1958 — Section 14(1)(b) — Subletting, assignment or parting with possession — Whether involuntary transfer pursuant to statutory scheme of bank amalgamation attracts the provision — Original tenant-bank (HCB) amalgamated with another bank (PNB) pursuant to a Scheme framed by RBI and notified by the Central Government under S. 45 of the Banking Regulation Act, 1949 — Consequent thereto, HCB ceased to exist and all its rights, including tenancy rights in the demised premises, vested in PNB, which came into possession without the landlord’s written consent — Held, S. 14(1)(b) is of wide amplitude, covering subletting, assignment, and “any other mode” by which possession is parted with, and does not distinguish between voluntary and involuntary transfers — Once the twin ingredients — transfer of tenancy rights/possession, and absence of the landlord’s written consent — are satisfied, the provision is attracted irrespective of the reasons necessitating the transfer — Contention that a statutory amalgamation stands outside the mischief of the provision, rejected
C P C I B C

Presidency Towns Insolvency Act, 1909 — Section 9(2) — “Decree or order” — Whether includes a recovery certificate issued by a Debts Recovery Tribunal under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (pre-2016 amendment) — Held, no — Insolvency Act, being weighed with grave civil consequence of “civil death”, must be strictly construed — Expression “decree or order” must bear the meaning assigned under Ss. 2(2) and 2(14), CPC, requiring adjudication by a “court” in a “suit” — A DRT recovery certificate, not being a decree or order of a court within this meaning, cannot found an insolvency notice under S. 9(2) — Ratio of Paramjeet Singh Patheja v. ICDS Ltd., (2006) 13 SCC 322 (rendered qua arbitral awards) held to rest on a wider principle applicable equally to DRT recovery certificates — Impugned judgment of Division Bench, Bombay High Court, affirming Single Judge’s quashing of insolvency notice, upheld.

Jul 15, 2026 sclaw
Constitution

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 — Section 47 — Non-discrimination in government employment — Employee acquiring disability during service — Mandatory obligation on employer to shift employee to alternate post with same pay and service benefits, or, failing that, to accommodate on supernumerary post till superannuation — Respondent, a CRPF Constable (Driver), rendered blind/partially blind in 1996 and medically invalidated from service in 1998 without consideration of alternate posting — Held, S. 47 casts a positive and mandatory obligation on employer to protect disabled employee and not await a request for accommodation — Order of medical invalidation dated 11-3-1998 held ultra vires S. 47 and Arts. 14 and 21 of the Constitution — Single Judge’s direction reinstating respondent, upheld by Division Bench, affirmed in principle, though relief modified in view of respondent’s superannuation — Kunal Singh v. Union of India, (2003) 4 SCC 524; Bhagwan Dass v. Punjab State Electricity Board, (2008) 1 SCC 579; Ravinder Kumar Dhariwal v. Union of India, (2023) 2 SCC 209, relied on.

Jul 15, 2026 sclaw
Presidency Towns Insolvency Act, 1909 — Section 9(2) — “Decree or order” — Whether includes a recovery certificate issued by a Debts Recovery Tribunal under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (pre-2016 amendment) — Held, no — Insolvency Act, being weighed with grave civil consequence of “civil death”, must be strictly construed — Expression “decree or order” must bear the meaning assigned under Ss. 2(2) and 2(14), CPC, requiring adjudication by a “court” in a “suit” — A DRT recovery certificate, not being a decree or order of a court within this meaning, cannot found an insolvency notice under S. 9(2) — Ratio of Paramjeet Singh Patheja v. ICDS Ltd., (2006) 13 SCC 322 (rendered qua arbitral awards) held to rest on a wider principle applicable equally to DRT recovery certificates — Impugned judgment of Division Bench, Bombay High Court, affirming Single Judge’s quashing of insolvency notice, upheld.
C P C I B C
Presidency Towns Insolvency Act, 1909 — Section 9(2) — “Decree or order” — Whether includes a recovery certificate issued by a Debts Recovery Tribunal under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (pre-2016 amendment) — Held, no — Insolvency Act, being weighed with grave civil consequence of “civil death”, must be strictly construed — Expression “decree or order” must bear the meaning assigned under Ss. 2(2) and 2(14), CPC, requiring adjudication by a “court” in a “suit” — A DRT recovery certificate, not being a decree or order of a court within this meaning, cannot found an insolvency notice under S. 9(2) — Ratio of Paramjeet Singh Patheja v. ICDS Ltd., (2006) 13 SCC 322 (rendered qua arbitral awards) held to rest on a wider principle applicable equally to DRT recovery certificates — Impugned judgment of Division Bench, Bombay High Court, affirming Single Judge’s quashing of insolvency notice, upheld.
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 — Section 47 — Non-discrimination in government employment — Employee acquiring disability during service — Mandatory obligation on employer to shift employee to alternate post with same pay and service benefits, or, failing that, to accommodate on supernumerary post till superannuation — Respondent, a CRPF Constable (Driver), rendered blind/partially blind in 1996 and medically invalidated from service in 1998 without consideration of alternate posting — Held, S. 47 casts a positive and mandatory obligation on employer to protect disabled employee and not await a request for accommodation — Order of medical invalidation dated 11-3-1998 held ultra vires S. 47 and Arts. 14 and 21 of the Constitution — Single Judge’s direction reinstating respondent, upheld by Division Bench, affirmed in principle, though relief modified in view of respondent’s superannuation — Kunal Singh v. Union of India, (2003) 4 SCC 524; Bhagwan Dass v. Punjab State Electricity Board, (2008) 1 SCC 579; Ravinder Kumar Dhariwal v. Union of India, (2023) 2 SCC 209, relied on.
Constitution
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 — Section 47 — Non-discrimination in government employment — Employee acquiring disability during service — Mandatory obligation on employer to shift employee to alternate post with same pay and service benefits, or, failing that, to accommodate on supernumerary post till superannuation — Respondent, a CRPF Constable (Driver), rendered blind/partially blind in 1996 and medically invalidated from service in 1998 without consideration of alternate posting — Held, S. 47 casts a positive and mandatory obligation on employer to protect disabled employee and not await a request for accommodation — Order of medical invalidation dated 11-3-1998 held ultra vires S. 47 and Arts. 14 and 21 of the Constitution — Single Judge’s direction reinstating respondent, upheld by Division Bench, affirmed in principle, though relief modified in view of respondent’s superannuation — Kunal Singh v. Union of India, (2003) 4 SCC 524; Bhagwan Dass v. Punjab State Electricity Board, (2008) 1 SCC 579; Ravinder Kumar Dhariwal v. Union of India, (2023) 2 SCC 209, relied on.
State Financial Corporations Act, 1951 — Sections 29 & 30 — Auction sale of mortgaged property by Financial Corporation for recovery of dues — Judicial review of, scope — Borrowers persistently defaulting over eight years despite multiple opportunities, repayment schedules fixed by High Court, and statutory notices — Financial Corporation auctioning mortgaged property after affording repeated chances including a final 21-day matching offer, which borrowers ignored — Held, fairness required of a Financial Corporation cannot be carried to the extent of disabling it from recovering what is due to it; fairness is not a one-way street — Courts have no say in matters between the Corporation and its debtor except where there is (a) statutory violation, or (b) the Corporation has acted unfairly/unreasonably — Writ court/civil court does not sit as an appellate authority over commercial decisions of the Corporation — Absence of prior valuation report, by itself, held insufficient to vitiate auction where borrowers never objected to the basis of sale (BOS — balance outstanding as on date of possession/sale deed) and themselves sought to retain the property on the very same terms — Concurrent findings of Trial Court and High Court setting aside auction sale, reversed.
C P C State Laws
State Financial Corporations Act, 1951 — Sections 29 & 30 — Auction sale of mortgaged property by Financial Corporation for recovery of dues — Judicial review of, scope — Borrowers persistently defaulting over eight years despite multiple opportunities, repayment schedules fixed by High Court, and statutory notices — Financial Corporation auctioning mortgaged property after affording repeated chances including a final 21-day matching offer, which borrowers ignored — Held, fairness required of a Financial Corporation cannot be carried to the extent of disabling it from recovering what is due to it; fairness is not a one-way street — Courts have no say in matters between the Corporation and its debtor except where there is (a) statutory violation, or (b) the Corporation has acted unfairly/unreasonably — Writ court/civil court does not sit as an appellate authority over commercial decisions of the Corporation — Absence of prior valuation report, by itself, held insufficient to vitiate auction where borrowers never objected to the basis of sale (BOS — balance outstanding as on date of possession/sale deed) and themselves sought to retain the property on the very same terms — Concurrent findings of Trial Court and High Court setting aside auction sale, reversed.
Protection of Children from Sexual Offences Act, 2012 — Sections 19(1) & 21 — “Knowledge that such an offence has been committed” — Meaning and scope — Held, not confined to direct/personal knowledge of commission of offence based on person’s own senses — Includes awareness founded on receipt of credible information regarding commission of offence punishable under the Act — Where such information is received directly from the victim, capable of communicating/reporting/informing, the same is deemed credible — Restrictive construction confining “knowledge” to direct, sensory knowledge would render sub-sections (5) & (6) of S. 19 and R. 4 of POCSO Rules, 2012 non-functional, and defeat the protective purpose of the Act — Person receiving report from victim not obliged to independently verify or investigate truth of allegation before reporting — Conducting a prior “verification exercise” to ascertain correctness of the child’s complaint, and reporting only if own assessment finds signs of assault, is impermissible and defeats the very purpose of the Act, since it may result in disappearance of evidence and delay —
POCSO
Protection of Children from Sexual Offences Act, 2012 — Sections 19(1) & 21 — “Knowledge that such an offence has been committed” — Meaning and scope — Held, not confined to direct/personal knowledge of commission of offence based on person’s own senses — Includes awareness founded on receipt of credible information regarding commission of offence punishable under the Act — Where such information is received directly from the victim, capable of communicating/reporting/informing, the same is deemed credible — Restrictive construction confining “knowledge” to direct, sensory knowledge would render sub-sections (5) & (6) of S. 19 and R. 4 of POCSO Rules, 2012 non-functional, and defeat the protective purpose of the Act — Person receiving report from victim not obliged to independently verify or investigate truth of allegation before reporting — Conducting a prior “verification exercise” to ascertain correctness of the child’s complaint, and reporting only if own assessment finds signs of assault, is impermissible and defeats the very purpose of the Act, since it may result in disappearance of evidence and delay —
Corporate

Preventive Detention–Once it is found that the detention order contains many grounds, even if one of them is to be rejected, principle of segregation contained in Section 5A gets attracted—Grounds are referred to as ‘materials on which the order of detention is primarily based’-

Apr 27, 2017 sclaw

2017(1) Law Herald (SC) 133 : 2017 LawHerald.Org 512 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri  The Hon’ble Mr. Justice Abhay Manohar Sapre                                            …

Constitution

Constitution of India, 1950 – Article – 32, 21 – Environment Protection Act, 1986 – Rule 5(3)(d), 3(1), 3(2)(v) – Public interest litigation – There is a challenge to the validity of the Notification dated 18.8.1994 – The main grievance in this petition is that a Notification dated 19.2.1991 declaring coastal stretches as Coastal Regulation Zones which regulates the activities in the zones has not been implemented or enforced

Apr 27, 2017 sclaw

  (1996) 3 AD 641 : (1996) 4 JT 263 : (1998) 4 SCALE 11 : (1996) 3 SCALE 579 : (1996) 2 SCALE 44 : (1996) 5 SCC 281…

Service Matters
Service

Regularisation of the services — The Respondents appear to have approached the M.P. State Administrative Tribunal at Jabalpur in appeal, which was dismissed by the Tribunal holding that it had no jurisdiction to entertain the same as the Respondents were not employees/civil servants under the State Government —

Apr 27, 2017 sclaw

  SUPREME COURT OF INDIA CONTROLLER, GOVT. PRINT. AND STATIONERY PRESS AND OTHERS — Appellant Vs. RASHIDA B. AND OTHERS — Respondent ( Before : Vikramajit Sen, J; T.S. Thakur,…

Corporate

Central Excise Tariff – Item 26AA(ia), 25(8) – Classification of elastic rail clips – Learned Counsel for the appellant that a Special Bench of five members of Central Excise and Gold (Control) Appellate Tribunal has considered the same question and taken the view in favour of the assessee that elastic rail clips are classifiable under Item 26AA(ia)/25(8)

Apr 27, 2017 sclaw

  (1998) 77 ECR 439 : (1997) 92 ELT 5 : (1998) 4 JT 439 : (1997) 8 SCC 483 SUPREME COURT OF INDIA VEE KAY INDUSTRIES — Appellant Vs.…

Bail Granted

Immoral Traffic (Prevention) Act, 1956 – Sections 5, 6 and 9 – Penal Code, 1860 (IPC) – Sections 323, 504, 117, 366A and 373 – Criminal Procedure Code, 1973 (CrPC) – Sections 437(5) and 439(2) – Rescue of young girls and children from red light area – Challenge to order passed by High Court whereby bail was granted to respondent –

Apr 27, 2017 sclaw

  (2010) CriLJ 1433 : (2009) 14 JT 37 : (2009) 15 SCC 75 : (2009) 11 SCR 761 SUPREME COURT OF INDIA GURIA, SWAYAM SEVI SANSTHAN — Appellant Vs.…

Election Laws

There was a re-count of the rejected votes and, therefore, no grievance could be made on that count and so far as the dead electors are concerned, only at the best, four persons took the ballot papers as deposed by the Tehsildar and even if it is assumed that those four persons voted for the successful candidate, it does not materially affect the election – Appeal dismissed.

Apr 27, 2017 sclaw

  (1998) 8 SCC 695 SUPREME COURT OF INDIA SATHI ROOP LAL — Appellant Vs. MALTI THAPAR (MRS) — Respondent ( Before : A. M. Ahmadii, C.J; B. N. Kirpal,…

You missed

C P C I B C

Presidency Towns Insolvency Act, 1909 — Section 9(2) — “Decree or order” — Whether includes a recovery certificate issued by a Debts Recovery Tribunal under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (pre-2016 amendment) — Held, no — Insolvency Act, being weighed with grave civil consequence of “civil death”, must be strictly construed — Expression “decree or order” must bear the meaning assigned under Ss. 2(2) and 2(14), CPC, requiring adjudication by a “court” in a “suit” — A DRT recovery certificate, not being a decree or order of a court within this meaning, cannot found an insolvency notice under S. 9(2) — Ratio of Paramjeet Singh Patheja v. ICDS Ltd., (2006) 13 SCC 322 (rendered qua arbitral awards) held to rest on a wider principle applicable equally to DRT recovery certificates — Impugned judgment of Division Bench, Bombay High Court, affirming Single Judge’s quashing of insolvency notice, upheld.

Jul 15, 2026 sclaw
Constitution

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 — Section 47 — Non-discrimination in government employment — Employee acquiring disability during service — Mandatory obligation on employer to shift employee to alternate post with same pay and service benefits, or, failing that, to accommodate on supernumerary post till superannuation — Respondent, a CRPF Constable (Driver), rendered blind/partially blind in 1996 and medically invalidated from service in 1998 without consideration of alternate posting — Held, S. 47 casts a positive and mandatory obligation on employer to protect disabled employee and not await a request for accommodation — Order of medical invalidation dated 11-3-1998 held ultra vires S. 47 and Arts. 14 and 21 of the Constitution — Single Judge’s direction reinstating respondent, upheld by Division Bench, affirmed in principle, though relief modified in view of respondent’s superannuation — Kunal Singh v. Union of India, (2003) 4 SCC 524; Bhagwan Dass v. Punjab State Electricity Board, (2008) 1 SCC 579; Ravinder Kumar Dhariwal v. Union of India, (2023) 2 SCC 209, relied on.

Jul 15, 2026 sclaw
C P C State Laws

State Financial Corporations Act, 1951 — Sections 29 & 30 — Auction sale of mortgaged property by Financial Corporation for recovery of dues — Judicial review of, scope — Borrowers persistently defaulting over eight years despite multiple opportunities, repayment schedules fixed by High Court, and statutory notices — Financial Corporation auctioning mortgaged property after affording repeated chances including a final 21-day matching offer, which borrowers ignored — Held, fairness required of a Financial Corporation cannot be carried to the extent of disabling it from recovering what is due to it; fairness is not a one-way street — Courts have no say in matters between the Corporation and its debtor except where there is (a) statutory violation, or (b) the Corporation has acted unfairly/unreasonably — Writ court/civil court does not sit as an appellate authority over commercial decisions of the Corporation — Absence of prior valuation report, by itself, held insufficient to vitiate auction where borrowers never objected to the basis of sale (BOS — balance outstanding as on date of possession/sale deed) and themselves sought to retain the property on the very same terms — Concurrent findings of Trial Court and High Court setting aside auction sale, reversed.

Jul 12, 2026 sclaw
POCSO

Protection of Children from Sexual Offences Act, 2012 — Sections 19(1) & 21 — “Knowledge that such an offence has been committed” — Meaning and scope — Held, not confined to direct/personal knowledge of commission of offence based on person’s own senses — Includes awareness founded on receipt of credible information regarding commission of offence punishable under the Act — Where such information is received directly from the victim, capable of communicating/reporting/informing, the same is deemed credible — Restrictive construction confining “knowledge” to direct, sensory knowledge would render sub-sections (5) & (6) of S. 19 and R. 4 of POCSO Rules, 2012 non-functional, and defeat the protective purpose of the Act — Person receiving report from victim not obliged to independently verify or investigate truth of allegation before reporting — Conducting a prior “verification exercise” to ascertain correctness of the child’s complaint, and reporting only if own assessment finds signs of assault, is impermissible and defeats the very purpose of the Act, since it may result in disappearance of evidence and delay —

Jul 12, 2026 sclaw