Supreme Court Monthly Digest - 2025-11-11

(A) Arbitration and Conciliation Act, 1996 – Section 34 – Delay in pronouncement of arbitral award – Section 34 of Act of 1996 does not postulate delay in delivery of an arbitral award as a ground, in itself, to set it aside – However, inordinate delay in the pronouncement of an arbitral award has several deleterious effects – Delay in delivery of an arbitral award, b...

(A) Indian Evidence Act, 1872 – Section 126 [Section 132 of BSA] – Summoning of Lawyer by Investigating Agency/ Prosecuting Agency/Police – No Advocate can be summoned for reason only of giving a legal opinion or appearing for a party in a case – But immunity with respect to professional communications would not absolve liability in the event of an Advocate participating in...

Government Contract – Tender – Rejection of technical bid by respondent on the ground that solvency certificate submitted by appellant had not been issued by District Magistrate but has been issued by a private architect – In tender matters, court exercising judicial review does not sit in appeal over decision of a tendering authority regarding disqualification of bid – Only in cases where such de...

Right of Children to Free and Compulsory Education Act, 2009 – Section 23 – Appointment as Assistant Teachers – Services of appellants terminated by BSA on the ground that they did not have TET qualification at the time of their appointment – Apart from finding appellants to have not qualified TET, there is no other basis on which appointment of appellants was terminated – Appellants had acquired ...

(A) Insurance Act, 1938 – Section 45 – Insurance – Fire insurance is a strategic tool for risk management, asset protection and economic resilience – Fire insurance policy does not prevent fire but it cushions financial impact when it occurs – Contract of fire insurance is a contract to indemnify Insured against loss by fire – Fire must be accidental – Damage from a deliberately set fire will not...

Indian Penal Code, 1860 – Sections 302, 449, 376 and 394 – Murder, house trespass, rape and robbery – Conviction and sentence – Circumstantial evidence – There is no eyewitness to alleged incident – Medical evidence would only point to offence having been committed but prosecution has not been able to connect Appellant to the offence on the basis of medical evid...

Protection of Women from Domestic Violence Act, 2005 – Sections 12, 21 and 22 – Criminal Procedure Code, 1973 – Section 125 – Constitution of India – Article 142 – Matrimonial dispute – Relationship between parties has irretrievably broken down – Parties have been living separately since more than fifteen years now – Attempt at reconciliation through Supreme Court Mediation Centre did not yield an...

Indian Penal Code, 1860 – Section 302 – Murder – Life imprisonment – Deceased sustained 100% burn injuries and from whole body and clothes of deceased, smell of kerosene was found – However, son of deceased was sleeping beside deceased and he sustained only 10-12% burn injuries – Theory of accidental fire at place of incident put forward by appellant/accused cannot be believed – Dying declaration ...

Indian Penal Code, 1860 – Sections 302/149, 307/149, 147 and 148 – Murder, attempt to murder and rioting – Common object – Life imprisonment – Acquittal recorded by Trial Court suffered from fundamental misappreciation of evidence – Trial Court overlooked consistent and corroborated testimony of injured eyewitnesses and failed to appreciate legal effect of active participation of appellants as mem...

Motor Vehicles Act, 1988 – Section 66 – Motor Insurance – Route Permit – Deviation – Death in motor accident – Total compensation of Rs.31,84,000/- awarded by High Court with direction to “Pay and Recover” – Purpose of insurance policy in present context is to shield owner/operator from direct liability when such an unforeseen/unfortunate incident takes place – To deny victim/dependents of victim ...

(A) Indian Penal Code, 1860 – Section 302 read with Sections 149 and 307 [Section 103 read with Sections 190 and 109 of BNS] – Murder and attempt to murder – Common object of unlawful assembly – Life imprisonment – Parties are close relatives – There was long-standing dispute between rival parties due to pending land boundary dispute – Appellants had been aggressor – Nature of injuries as well as ...

(A) Criminal Procedure Code, 1973 – Sections 154, 155 and 156 [Sections 173, 174 and 175 of BNSS] – Crime investigation – Procedure to be followed apropos a cognizable offence is vastly different from procedure relating to a non-cognizable offence – Non-cognizable case cannot even be investigated without order of Magistrate having power to try such case or commit it for tri...

Judicial Decorum – Once Court has indicated its mind and requested Counsel to refrain from further submissions, same is expected to be respected – Orders are passed by Court only after due consideration – Court is always mindful of submissions advanced and does not dismiss the matters without careful examination – Continued insistence thereafter, especially after Court expr...

(A) Criminal Procedure Code, 1973 – Sections 378 and 386 [Sections 419 and 427 of BNSS] – Appeal against acquittal – Appellate Court has full power to review and reappreciate evidence in appeal against acquittal under Sections 378 and 386 of Code of Criminal Procedure, 1973 – However, due to reinforced or ‘double’ presumption of innocence after acquittal, interference must be limited – If two reas...

Railway Services (Conduct) Rules, 1966 – Rule 3(1)(i) and (ii) – Dismissal from service – No evidence has been adduced to prove the charge of forgery – All charges have not been found to be proved conclusively against appellant – CAT, on the basis of material on record, had rightly interfered with penalty of dismissal from service against appellant – When findings of Enquiry Officer were perverse ...

The case revolves around a Special Leave Petition arising from a judgment dated 04-11-2024 from the High Court at Calcutta concerning a dispute involving the appellant. Upon review, the court found no good ground to disturb the High Court's order. The Petitions were dismissed as a result. Issues included the ground for delaying filing the SLP and the necessity of exemption requests. The court reit...

(A) Commercial Courts Act, 2015 – Section 12A – Urgent interim relief – Action for infringement of Intellectual Property Rights – Rejection of plaint for non-compliance with Section 12A – Before a commercial dispute is filed before court, alternative means of resolution of dispute are adopted, so that only the most trying cases come before courts – Plaintiff can...

(A) Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 60 and 63 – Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 – Rules 17, 20, 21, 22 and 23 – Criminal Procedure Code, 1973 – Section 451 [Section 497 of BNSS] – Release of seized vehicle on Supurdagi pending conclusion of trial – While Rules of 2022 lay down procedure for initiation ...

(A) Criminal Procedure Code, 1973 - Section 482 - Indian Penal Code, 1860 - Section 306 - Quashing of FIR - Appellant sought quashing of FIR alleging abetment of suicide due to refusal to marry - High Court rejected petition - Supreme Court found no ingredients to constitute offense of abetment, affirming that mere refusal to marry does not amount to instigation required for Section 306 - Court qu...

The petitioner challenges the judgment and order dated 18.07.2025 in C.R.M.(A) No. 1972/2025 passed by the High Court. The court, upon reviewing the conduct and compliance of the appellant during investigations, allowed the appeal, confirming the order dated 04.09.2025, emphasizing continued cooperation during the judicial process. The impugned order of the High Court was set aside.

This judgment addresses the appeal filed by the Union of India to set aside bail granted to a respondent involved in a narcotics case under the Narcotic Drugs and Psychotropic Substances Act, 1985. The court finds that the High Court's decision to grant bail was justified due to the lengthy pre-trial custody of over four years and the absence of framed charges, thus upholding the High Court's orde...

The judgment discussed the rejection of regularization claims by contract employees (petitioners) and set aside a status quo order. The court acknowledged the petitioners' experience but did not permit regularization, allowing authorities discretion in replacement, provided they act objectively. The verdict noted that existing employees should not be replaced without justification. The special lea...

Indian Penal Code, 1860 – Sections 302/34 – Criminal Procedure Code, 1973 – Section 374(2) – Constitution of India – Article 142 – Murder – Common intention – Life imprisonment – Parties belong to rival political factions – In FIR, there is no reference to presence of so-called eye witness at crime scene – Incident took place in a small village where everyone is known to each other – Fact that nam...

The primary legal question relates to the application of temporary injunction regarding the use of trademarks within corporate groups. The High Court initially allowed a request for injunction preventing the appellant from creating third-party interests in trademarks, but this was subsequently expanded. The court has stayed the operation of the modified injunction order while noting certain incons...

This judgment pertains to Criminal Appeal No.4581 of 2025 arising from SLP (Crl.) No.12992 of 2025. The appellants challenge the order dated 17.07.2025 by the High Court of Judicature at Patna. The court confirms the earlier order allowing bail to the appellants, emphasizing their cooperation in the ongoing investigation and prohibiting unnecessary adjournments. The court sets aside the impugned o...

The court examined the necessity for the execution of the Conveyance Deed as per the judgment dated 23.09.2022 concerning Civil Appeal No. 2741 of 2009, noting the non-execution was due to the unavailability of certain documents. The court confirmed the area for handover has been identified pursuant to its earlier orders and determined the Registering Authorities must register the Conveyance Deed ...

The petition revolved around the implications of a First Information Report lodged due to allegations related to abetment of suicide against the petitioners, namely, Sunita Mukeshbhai Patani and others. The court considered the actions taken under Section 482 of the Code of Criminal Procedure, 1973, emphasizing that withdrawal of earlier legal challenges does not bar ongoing investigations. Key is...

Under the Family Courts Act, the petitioner seeks the transfer of Divorce Suit Petition No. A-562/2025 from Mumbai to Dehradun, asserting the need for jurisdictional convenience. The Court finds merit in the petition, thus allowing the transfer. The final order reaffirms the transfer of jurisdiction.

The case concerns an appeal from the High Court of Calcutta (CRM No. 9230/2019 dated 01-10-2019) regarding anticipatory bail granted. The court determined that the Special Leave Petition does not merit continuation. It reiterated that pending applications shall be disposed of alongside handling other petitions independently after eight weeks.

In the context of a Public Interest Litigation regarding sanitation facilities in all Courts/Tribunals, the Supreme Court issued several key directives aimed at improving the accessibility and maintenance of toilet facilities. The Court emphasized the necessity for separate washrooms for different genders and PwD. It also required committees to be formed for oversight and implementation of these f...

The appeal concerns a bail application following the rejection of regular bail by the High Court connected to FIR No. 492/2024. The Court determined the appellant's prolonged incarceration and the disputed age of the prosecutrix warranted bail. The decision cited that the case's nature did not negate the bail grant as a consideration of the victim's age arose. The appeal is thus accepted, and the ...

The court evaluated allegations against the petitioner regarding currency note replacement to misappropriate funds amounting to Rs. 6,74,047. It concluded that such allegations were difficult to accept as they lacked plausibility. The court framed the issue of false implication and granted conditional release pending investigation. The final outcome provided for the petitioner's release on bond wi...

The court analyzed the merits of the appeal against an anticipatory bail order under Section 482, finding the appellant to have complied with conditions during investigations. The court's ruling emphasized the necessity for adherence to lawful conduct throughout proceedings. Ultimately, the original order was set aside. The appeal was allowed as per the signed order.

(i) Section 13(1)(i-a) of the Hindu Marriage Act, 1955, pertains to divorce petitions based on mutual consent. The petitioner seeks the transfer of Divorce Case No. 1862 of 2024 from Gautam Budh Nagar to Bangalore due to the inconvenience caused by travel for a mother with a young child. The court finds merit in this request. (ii) The main issue framed was the necessity to facilitate the petitione...

The Court highlighted the benefits of amicable dispute resolution under the relevant matrimonial laws stating that both parties agreed to settle their matrimonial discord by mutual consent, including the dissolution of marriage and settlement terms as detailed. The key issues framed were the terms of dissolution and settlement claims, establishing that agreements regarding alimony and custody were...

The judgment pertains to the applications IA No. 106424/2025 and IA No. 106417/2025, concerning permission for virtual appearance in ongoing proceedings. The court emphasized the need for the concerned Trial Court to expedite the decision on the petitioners' request, following statutory procedures. The court found merit in addressing the delay and provided directions for resolving the matter promp...

The court analyzed the provisions under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, reviewing petitions that challenged Auction Notices related to debt assignment. It found that delays in hearing the petitions potentially hinder the sale of secured assets. The court urged timely resolution of the civil writ petitions. The Special Leave ...

In this case, the petitioner contended that the learned Single Judge mandated an 8% interest on the arrears of retiral benefits. The court found that most benefits were paid and instructed that remaining interest must be cleared in four weeks but allowed a plea on delays by retirees. The special leave petition was disposed of accordingly.

The court considered various Special Leave Petitions including those arising from the High Court's conclusions on multiple appeal numbers. The main legal issues involved were procedural aspects including delay in filing and the necessity for notice in several matters. The court granted permission for filing SLPs, condoned delays, and issued directions regarding counter affidavits and rejoinders.

Constitution of India – Article 32/226 – Delhi Special Police Establishment Act, 1946 – Section 6 – CBI investigation – Parameters – Mere sweeping remarks are not enough to direct for CBI investigation, until prima facie disclosure of commission of criminal offence is made out – Directions for CBI enquiry should not be ordered by High Courts or Supreme Court in a routine manner – CBI investigation...

(A) Agreement to Sell – Legal Sanctity – Agreement to sell does not confer any rights nor does it vest any interest into party that agrees thereby to buy a particular property – Transfer of immovable property by way of sale can only be by a deed of conveyance (sale deed) – In absence of a deed of conveyance (duly stamped and registered as required by law), no right, title or interest in an immovab...

The Special Leave Petition arises from an order of the High Court directing the Special Judge to await the High Court's decision on a related bail matter. Court found the High Court's order unsatisfactory, asserting the necessity for separate hearings on the bail applications, emphasizing the significance of personal liberty as enshrined in Article 21. The Special Leave Petition was consequently d...

The petitioner filed for transfer under Section 25 of the Code of Civil Procedure, 1908, to move a maintenance case from Patna to New Delhi. Mediation efforts failed, leading to the court allowing the transfer petition. The court reasoned that a transfer was essential for justice. The transfer petition was allowed in line with the signed order.

The court examined the applicability of the doctrine of lis pendens and fraudulent transfers under relevant sections of the Transfer of Property Act and Code of Civil Procedure, concluding that the High Court's ruling on the attachment order was flawed. The fundamental issue revolved around whether the attachment was valid under applicable laws. The court ruled to restore the trial court's attachm...

The appeal concerns the interpretation of Section 482 of the Code of Criminal Procedure, 1973, as applied in rejecting a quash petition by the Madras High Court. The appellants contest the legitimacy of FIR No. 265 of 2012 alleging offences under Sections 420 and 120B of the IPC based on lack of corroborating documentation of the Institute’s affiliation. The Court finds that the High Court's dismi...

The judgment analyzes the legal premises surrounding the grant of bail, emphasizing that the court should decide bail applications based on individual merits, as per Article 21 of the Constitution. The Court disapproves of an earlier High Court order mandating postponement of such decisions. The final decision reaffirms the importance of timely hearings in relation to personal liberty and clarifie...

The court considered the appeal concerning the disciplinary proceedings against the appellants conducted by the Bar Council of Punjab and Haryana. The appellants contended that issues raised before the Bar Council of India were not addressed. Permission was granted to withdraw the appeal to file a Review Petition. The court determined the appeal is dismissed as withdrawn with liberty for future p...

The court analyzed the procedural requirements for appeals under relevant statutes, affirming the facts of the case concerning the applications for condonation of delay. The court found that sufficient grounds were presented for the delay in filing. The primary issues involved ensuring proper service of notice and compliance with procedural rules. The court's reasoning emphasized the necessity of ...

The present civil appeal arises from the judgment of the High Court of Punjab and Haryana under Section 11 of the Arbitration and Conciliation Act, 1996, which initially allowed the appointment of an arbitrator for dispute resolution. The Supreme Court examined the necessity of arbitration and appointed a sole arbitrator to finalize the dispute, stating, 'the matter can be referred to sole arbitra...

The matter addresses various legal provisions concerning contempt and workers' rights, specifically under the Industrial Disputes Act, 1947, relevant to the adjudication of claims. The court clarified that claims should be approached through the Industrial Tribunal unless pre-existing facts necessitate the Labour Court’s jurisdiction for execution under Section 33C. The application was ultimately ...

The court considered the implications of the Leave India Notice served to the appellant and the subsequent High Court judgment vacating the interim stay. The court restored the interim stay pending final adjudication. The ruling emphasizes the necessity of legal representation to ensure a fair hearing. The High Court is instructed to expedite the decision on the Writ Petition No.1091/2021.

This judgment pertains to a Special Leave to Appeal regarding an order from the High Court of Himachal Pradesh. The petitioner, in this case, seeks relief from a lower court's decision. The court acknowledges the need for further time for the respondent to file a counter affidavit and allows a rejoinder from the petitioner. The interim stay previously ordered will remain in effect until the next h...

Motor Vehicles Act, 1988 – Sections 168 and 173 – Death in motor accident – Compensation awarded by MACT reduced by High Court from Rs. 88,20,454/- to Rs. 38,15,499/- – High Court while computing compensation, has excluded allowances payable as per last pay slip and gave future prospects at the rate of 40% in place of 50% as was given by Tribunal – Besides, High Court made flat deduction of 30% to...

The Supreme Court analyzed the implications of its prior order dated 28.03.2025 regarding land entitlement disputes faced by affected landowners. The applicants sought clarification on processes for dissatisfied landowners to approach the Reference Court for actual entitlement determination. The court clarified orders to ensure efficiency in resolving similar claims. The findings recognized the ri...

The petitioners sought to transfer a petition under Section 125 Cr.P.C. and an Execution Petition under Section 128 Cr.P.C. from New Delhi to Surat, Gujarat. The Court considered the merits of the petitions and previously dismissed a related transfer petition, ultimately ruling that the petitions lacked merit. The Court denied the transfer requests, but allowed for video conferencing facilities du...

In applying Order 6 Rule 17 CPC, the court finds that the amendment to the plaint does not alter the nature of the suit. The refusal for amendment was based on misinterpretations regarding due diligence and consistency with existing claims. Consequently, the appeal is allowed, setting aside previous orders, enabling plaintiffs to amend their plaint, subject to timely proceedings.

This judgment pertains to Writ Petition (Civil) No. 55/2003 challenging certain actions by the Union of India under the relevant provisions of statutory law. The Petitioners argued that their rights were infringed upon leading to their seek for a judicial remedy. The Court found in favor of listing the matter post-vacation, allowing due legal process to take its course. The main issues framed cent...

The judgment concerns the proceedings of Civil Appeal No. 4235/2014 under the jurisdiction of the Supreme Court. The Court analyzed multiple applications related to this case, including requests for intervention and appropriate orders. The bench issued notice for one application and permitted dasti service. The outcome reflects due procedural scrutiny.

Clause- 7 of the Advertisement dated 28.01.2015 regarding qualifications was discussed. The petitioners argued that candidates not meeting the qualifications should not have been included in the merit list, while they were excluded despite meeting the standards. The Court condoned the delay in filing and issued notice returnable on 21.11.2025 requiring the respondents to file counter affidavits an...

The appeal pertains to a judgment by the High Court dismissing the appellant's writ petition against an administrative order. The court acknowledges the mutual settlement agreement reached by the parties which affects access and rights related to land and construction. The appeal garners a partial allowance reflecting the settlement's terms as pivotal to the resolution.

Arbitration and Conciliation Act, 1996 – Section 11(5) – Appointment of Arbitrator – Money dispute – As on date of notice, claim for recovery of amounts was barred by limitation – Even notice of arbitration was delayed and barred by limitation and arbitration request itself was made two years after initial notice – Arbitration Petition seeking appointment of Arbitrator stands dismissed. (Paras 3, ...

The legal provision invoked involves Order VII Rule 11, CPC, wherein the High Court, in its order dated 23.12.2024, set aside the earlier judgement from 15.12.2023 allowing the respondent's application. The court highlighted that there are triable issues in the underlying suit and emphasized that the matter should be remitted to the High Court for a decision including all arguments from both parti...

Statute Analysis: This case involves a Special Leave Petition regarding an interim order under Special Appeal No. 16/2025. Facts: The petition was prompted by an interim order from the High Court concerning election notifications issued post-amendment. Underlying these issues, the Court aimed to ensure justice was served by confirming prior interim orders. Findings: The Court has not commented on ...

The court examined the petitioners' appeal pursuant to several specific leave requests arising from various WPO and WPA cases. The findings addressed the legality of prior decisions rendered by the High Court. Critical issues framed pertained to judicial interpretations impacting administrative actions. Ultimately, the order directed the matters be listed for further hearing.

The Court considered the statutory requirements under the pertinent laws and reviewed the facts surrounding writ petition (civil) no. 435/2012, asserting significant environmental concerns by the petitioner. The court framed pivotal issues surrounding statutory compliance and interpreted legislative intent, concluding that the case would be listed for hearing on 04.11.2025.

(A) Indian Penal Code, 1860 – Sections 302, 304B, 498A and 201 – Indian Evidence Act, 1872 – Section 106 – Dowry death, cruelty and disappearance of evidence – Appeal against acquittal – Circumstantial evidence – Conviction for murder can solely rest on circumstantial evidence if chain of circumstances is complete and consistent only with hypothesis of guilt of accused – Traditional rule relating ...

The court analyzed the petitions for special leave to appeal concerning an appeal against conviction under the Narcotic Drugs and Psychotropic Substances Act. The facts reveal the interception of a vehicle carrying contraband and subsequent conviction confirmed by the High Court. Primarily, the Court framed issues on the role of accused and reasoning concerning bail applications. Ultimately, it wa...

This transfer petition seeks the relocation of a proceeding initiated under Section 125 of the Code of Criminal Procedure from one Family Court to another jurisdiction. The Court concludes there are no grounds for the transfer, thus dismissing the petition. The issue at hand is whether video conference facilities may be utilized for appearance on non-effective hearing dates. In conclusion, the tra...

This case pertains to a petition for special leave to appeal against a final judgment of the High Court concerning a demand notice issued based on certain observations. The court clarifies that the validity of the demand notice and related issues will be adjudicated by an arbitrator, and the petitioner's entitlement to lease renewal is addressed, referencing specific notifications. The notices and...

The appeal addressed the reduction of maintenance from Rs.30,000/- to Rs.20,000/- by the High Court. The court found that Rs.25,000/- would be adequate for the child's welfare and mandated its full allocation by the working appellant. The court's verdict partly allowed the appeal, modifying the earlier order accordingly.

Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 349 – Constitution of India – Article 20(3) – Voice Sample – Direction to give voice sample on touchstone of Right against Self-Incrimination – Despite absence of explicit provisions in Cr.P.C., Judicial Magistrate must be conceded power to order a person, to give a sample of his voice for the purpose of investigation for a crime – Rule against se...

This case involved a special leave petition by the petitioners seeking release of seized vehicles related to mining operations. The court referred to the Mines and Minerals (Development and Regulation) Act, 1957, and noted that the High Court's ongoing PIL addresses gross violations in mining conduct. The court urged expedited handling of the interlocutory application and referenced previous order...

Land Acquisition Act, 1894 – Sections 4 and 5-A – Restoration of acquired land to original landowners/cultivators – Restoration remedy was conceived for disadvantaged farming communities, not as general restitution for all affected parties – Even established procedural principles preclude Respondent No.1’s claim – Orders quashing acquisition proceedings may operate either in personam or in rem – B...

The judgment discusses the procedural issues surrounding the filing of contempt proceedings. The court finds that as no order prejudicial to the respondent(s) is being passed, notice to the respondent(s) is waived and defers contempt proceedings until the stay application by the State is decided, directing expeditious handling of the matter within three months. The petitions are disposed of accord...

The miscellaneous application for permission was granted and delay in filing was condoned. The Court directed the High Court Registry to inform the Chief Justice regarding the previous order passed by this Court on 10.04.2018 for necessary directions. The miscellaneous application and pending interlocutory applications were disposed of.

This judgment concerns Special Leave to Appeal arising from a decision of the High Court. The court considers the relevant legal framework as per applicable laws and summarizes the facts regarding the petitioner and respondent's dispute. The court initially framed issues about the legality of the contested orders and subsequently held that the appeal had merit, leading to the reserved judgment.

Statute Analysis: The case discusses the right of an individual to change their name within official records, referencing the regulations of the Madhyamik Shiksha Parishad. Facts of the Case: The petitioner’s request to change his name was denied by the Madhyamik Shiksha Parishad despite a legal publication. Findings of Court: The court found the case justified in allowing the name change based on...

The court analyzed the petition for Special Leave to Appeal regarding an execution case linked to a compromise decree. It found that the petitioners offered a resolution aligned with the compromise; however, the respondents contested it. The court ruled that these matters must be determined by the Executing Court, instructing that the court should decide within six months whether the petitioners' ...

Armed Forces Tribunal Act, 2007 – Section 15 – Army Act, 1950 – Sections 63, 69 and 70 – Army Rules, 1950 – Section 62(4) – Compulsory retirement from service by way of punishment – Concurrent findings of fact with regard to recovery of ammunition from possession of appellant, have been recorded after meticulous appreciation of evidence on record – Factual foundation brought on record at trial, cl...

In the contempt petition filed by employees of the corporate debtor, the Supreme Court acknowledged the filing due to alleged violations of prior orders of the NCLAT. The Court determined that existing status quo must remain until the NCLAT's final decision. The Court did not determine the contempt but emphasized cooperation with the NCLAT. The Court directed that status quo as of 6 September 2024...

1. The case concerns the interpretation of the U.P. Sales Trade Tax Act, 1948, specifically regarding whether mounting a fabricated body on a three-wheeler chassis constitutes the manufacture of a new commodity, attracting purchase tax liability under Section 3-AAAA of the Act. The court found that such assembly did indeed create a new product, affirming the obligation for purchase tax. 2. The mai...

Under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks to transfer case MJC-R No. 796 of 2022 from Family Court, Gwalior to Chief Judicial Magistrate, UT Chandigarh. The court finds that transfer serves the interest of justice and accordingly allows the petition. Key issues were the necessity for physical appearance exemptions and video conferencing for the petitio...

Negotiable Instruments Act, 1881 – Sections 138 and 141 – Dishonour of cheque – When cause of action arises due to alleged dishonour of cheque and complaint is initiated under NI Act, same is maintainable against Trustee who has signed cheque, without requirement to array Trust also as an accused – Trust is also not like a corporation which has a legal existence of its own and can appoint an agent...

Per B.R. GAVAI, CJI [For himself and on behalf of ARAVIND KUMAR, SATISH CHANDRA SHARMA and K. VINOD CHANDRAN, JJ.]
(A) Constitution of India – Article 233(2) – Appointment as District Judge/Additional District Judge – Object of any process of selection for entry into a public service should be to secure the best and the most suitable person for the job – Judicial Officers who have already compl...

The judgment pertains to multiple criminal appeals against the State of Haryana. The court heard the counsel for the parties and determined that no errors existed in the prior convictions. Consequently, the appeals were dismissed as no case was made for entertaining them. The final verdict was that all pending applications would be disposed of.

This Transfer Petition was filed under Section 25 of the Code of Civil Procedure, 1908, seeking transfer of a matrimonial case pending before the Principal District Judge Family Court, Jammu & Kashmir to the courts in Delhi. The court, after considering the totality of circumstances and finding it warranted in the interest of justice, allowed the transfer petition. The main issue revolved around t...

The petitioners seek transfer of a case under Section 12 of the Protection of Women from Domestic Violence Act, 2005 from the Court of Judicial Magistrate First Class, Indora to that of Amritsar, as there are two pending cases between the parties. Court finds a case for transfer, leading to the allowance of the petition. RESULT: The Transfer Petition is allowed.

The statute concerning civil marriage dissolution provides a framework for transferring jurisdiction between courts. In this case, the petitioner seeks to transfer proceedings from the Hyderabad court to Ahmedabad due to the financial dependency on her parents. The court finds merit in the request as multiple cases are pending in Ahmedabad. The core issues involve transfer jurisdiction and the liv...

(A) Motor Vehicles Act - Insurance claims - Breach of policy conditions and fake driving licenses - The appellant, truck owner, challenged the High Court's 'pay and recovery' order regarding liability due to the driver's fake driving license. The High Court found collusion between the owner and driver, attributing negligence to the owner. Licensed evidence and collusion established are insufficien...

The Transfer Petition seeks the transfer of proceedings in a divorce case under Hindu Marriage Act, 1955, citing previous transfer order. The Court finds the case suitable for transfer given the context and existing court orders. The issues framed relate to jurisdiction, with the court concluding it is appropriate to consolidate relevant matters in Mohali to ensure judicial efficiency.

In the case of Curative Petition (Civil) No. of 2025, the Supreme Court examined the parameters for such petitions as established in Rupa Ashok Hurra vs. Ashok Hurra & Anr., 2002 (4) SCC 388. The petition, seeking oral hearing, was rejected as no case was made out. The relevant legal issues framed concerned the viability of the curative petition within the bounds laid out by prior jurisprudence. T...

In this curative petition, the Court condoned the delay in refiling and allowed the application for discharge of the Advocate on Record. However, the request for oral hearing was rejected. Ultimately, the Court determined that the Curative Petition was dismissed based on the standards set forth in previous decisions, particularly citing Rupa Ashok Hurra vs. Ashok Hurra & Anr., leading to the dismi...

In determining the Curative Petition, the Court examined the parameters established in Rupa Ashok Hurra vs. Ashok Hurra & Anr., and found that no case was made out for reconsideration. The dismissal was based on prior judgments that limited grounds for curative petitions. The court concluded that the Curative Petition is dismissed.

The Supreme Court dismissed the Curative Petition based on lack of sufficient grounds, referencing the legal precedent in Rupa Ashok Hurra vs. Ashok Hurra. The Court highlighted its decision as dismissing the petition under the parameters set forth in previous judgments. As a result, the Court's determination was to dismiss the Curative Petition accordingly.

(A) Constitution of India – Article 136 – Appeal by Special Leave – Re-appreciation of evidence is normally not undertaken by Supreme Court under Article 136 of Constitution of India – Re-appreciation is undertaken primarily to examine whether Trial Court and High Court have accurately recorded available findings – In a given case, reappreciation of evidence is not barred under Article 136 of Cons...

The Supreme Court examined the Curative Petitions under review petition parameters, following the precedent set in Rupa Ashok Hurra vs. Ashok Hurra & Anr. The Court dismissed the petitions, asserting that no case was made out for curative relief. The judgment emphasized the necessity of meeting established parameters for such petitions.

In this case, the court examined the review petitions, identifying that defects had not been cured and a significant delay occurred. The petitions were dismissed for lack of merit, emphasizing there was no error apparent on the record. The central issue revolved around the procedural defects and delays in filing. The court's reasoned finding concluded that no merit warranted reconsideration of the...

(A) Constitution of India – Articles 14 and 19(1)(g) – Government Contract – Tender – Exclusion of competent suppliers from outside State – Government must have free hand in setting terms of tender and Court cannot strike down terms of tender prescribed by Authority merely because it feels some other terms in the tender would have been fairer, wiser or more logical – In the matter of formulating c...