Supreme Court Monthly Digest - 2025-12-01

(A) Criminal Procedure Code, 1973 – Section 439(2) – Bail – Application for cancellation and/or modification of conditions of bail – Case registered under Sections 302/120B, Indian Penal Code, 1860 read with Section 25/27 of Arms Act, 1959 – Despite being granted bail accused was dissatisfied with condition that restricted his movements – Application for cancellation of bail at instance of brother...

(A) Special Leave Petitions - Withdrawal of special leave petitions with liberty to approach the High Court for redressal of grievances discussed. Court emphasizes that concerns regarding candidate selection and integrity must be addressed strictly. (Paras 1-5) (B) Court's expectation from the High Court - Ensuring scrutiny of tainted candidates and public disclosure of results reiterated. (Paras ...

(A) Teacher's Eligibility Test (TET) - Minimum educational qualification for Educators - Court acknowledges that TET is recognized as the essential qualification for educators from Pre-school to Primary Stage, contrasting earlier assumptions regarding Rehabilitation Council of India (RCI) requirements - NCTE to clarify current statutory rules on TET for Special Educators. (Paras 1-5) (B) Mandatory...

(A) The Education Act - Teacher's Eligibility Test (TET) as a minimum qualification for educators mandated by the National Council for Teacher Education (NCTE) and concerns over notifications issued by various States for educator recruitment without TET requirement - (Paragraphs 1-2) (B) Legal Necessity - The court emphasizes ensuring adherence to qualification standards set by governing bodies an...

Civil Procedure Code, 1908 – Order XXI Rule 90(3) – Execution of decree – Application seeking invalidation of sale – It would be incumbent upon a judgment debtor or any other interested person who applies for setting aside an execution sale, held thereafter, to satisfy executing Court that ground upon which application was made could not have been taken on or before the date on which proclamation ...

The Supreme Court analyzed safety concerns within the Railways indicating priorities for safety of tracks and crossings. The Court emphasized the need for a focused affidavit on these issues, alongside addressing insurance disparities for ticket purchases. The scheduling of further proceedings was established for 13.01.2026.

Indian Penal Code, 1860 – Sections 406/420/120B – Criminal Procedure Code, 1973 – Section 482 – Criminal breach of trust, cheating and conspiracy – Refusal to quash proceedings – For establishing offence of cheating, complainant/respondent No.1 was required to show that appellant-accused had fraudulent or dishonest intention at the time of making promise or representation of not fulfilling partner...

(A) Indian Penal Code, 1860 – Sections 376, 376(2)(n) and 507 – Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 528 [Criminal Procedure Code, 1973 – Section 482] – Rape – Refusal to quash proceedings – Present case is not a case where appellant lured respondent solely for physical pleasures and then vanished – Relationship continued for a period of three long years, which is a considerable peri...

Insolvency and Bankruptcy Code, 2016 – Section 7 –  Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 – Rule 28 – Corporate Insolvency Resolution Process – Initiation of – Rules of procedure are made to further the cause of justice and not to prove hindrance thereto – Even though Registry ...

(A) Tender Law - Cancellation of Letter of Intent (LoI) - Administrative discretion - High Court set aside the cancellation of LoI issued to contractor by State; Court held cancelation was arbitrary and void of reasons. (Paras 20, 21, 56) (B) Administrative Law - Principles of natural justice - Cancellation of LoI without reasons contravenes established norms; non-fulfillment of pre-requisites cit...

(A) Interpretation of Statute – While it is not for Courts to reject or refuse to give effect to legislation merely on the grounds that clear meaning of legislation appears absurd to Judiciary, when forced to construe a provision, meaning of which is open to question they will lean against any construction that would produce a result which appears to them to be absurd or unjust – The more absurd a...

Civil Procedure Code, 1908 – Order 21 Rules 22 and 23 – Arbitration and Conciliation Act, 1996 – Section 34 – Execution of decree – Show-cause notice – Requirement of notice under Order 21 Rule 22 (1) to persons enumerated therein is not a mere procedural courtesy but is very foundation of jurisdiction when execution is sought against estate of deceased judgment debtor – Act is a self-contained Co...

(A) Motor Vehicles Act, 1988 - Section 162(1) - Requirement for insurance companies to provide cashless treatment for road accident victims and to reimburse post-discharge medical expenses - Amendment to UP Act No. 4 of 2023 raising concerns over abatement of trials for offences under MV Act - Recommendation for Justice A.M. Sapre Committee to review reliefs proposed in interim applications - Affi...

Registration Act, 1908 – Section 17(1)(e) – Specific Relief Act, 1963 – Section 28 – Civil Procedure Code, 1908 – Order 21 Rule 16 – Agreement to sell – Requirement of registration of deed assigning decree for specific performance of immovable property – Neither agreement of sale nor a decree passed on the basis of specific performance of contract gives any right or title to decree holder and righ...

(A) National Green Tribunal Act, 2010 - Section 16(h) - Limitation period for appeals - The date of communication of environmental clearance to any aggrieved person is relevant for calculating the limitation period for filing appeals under the Act, which commences from the earliest date of communication by any duty bearers. (Paras 1, 3, 6, 8, 16) (B) Environmental Law - Communication obligation - ...

The Supreme Court, addressing the appeal against the High Court's dismissal of an application seeking interim relief pending appeal, clarifies that the appellate court possesses the authority to grant such relief regardless of a suit's dismissal. The Court emphasizes the necessity for a prima facie case and reiterates that the balance of convenience must be assessed. The appeal is allowed, setting...

The Supreme Court analyzed provisions under the Indian Penal Code, 1860 and the SC/ST Act, determining that the FIR lodged by the Gram Pradhan was valid despite High Court's contrary view. The Court asserted the well-recognized principle that any citizen can initiate criminal proceedings, affirming that no specific statute restricted the Gram Pradhan's authority to file the FIR. The Court found er...

Arbitration and Conciliation Act, 1996 – Sections 34 and 37(1) – Insolvency and Bankruptcy Code, 2016 – Section 7 – Usurious Loans Act, 1918 – Section 3 – Appeal against arbitral award – Grant of post-award interest under Section 31(7)(b) is mandatory – Only discretion which Arbitral Tribunal has is to decide rate of interest to be awarded – Where Arbitrator does not fix any rate of interest, then...

(A) Arbitration and Conciliation Act, 1996 - Section 34 - Grant of conditional stay of arbitral awards must consider if a prima facie case of fraud, corruption, or exceptional circumstances is established. Court can set aside unconditional stays based solely on merits. (Paras 24, 27, 30, 36) (B) Court’s discretion - The High Court should examine merits during Section 34 petitions; if an unconditio...

Civil Procedure Code, 1908 – Order VII Rule 11 – Rejection of plaint – Suit seeking declaration of title, permanent injunction and cancellation of sale-deed dismissed by High Court on the ground of limitation – Limitation is a mixed question of law and fact and unless same is patently and unequivocally clear, it cannot form a ground under Order VII Rule 11 of CPC for non-suiting plaintiff – In cas...

Bharatiya Nyaya Sanhita, 2023 – Sections 115(2), 310, 351(2), 351(3) and 352 – Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 528 – Constitution of India – Article 142 – Hurt, criminal intimidation, insult and robbery – FIR – Matter was settled amicably between accused and complainant – FIR was initially registered against unknown persons – Alleged acts appear to have arisen out of a dispute c...

(A) Maharashtra Control of Organised Crime Act, 1999 - Sections 3, 3(1)(i), 3(1)(ii), 3(2), 3(4) - Indian Penal Code, 1860 - Sections 396, 302, 307, 397, 412 read with Section 34 - Conviction under Section 302 IPC affirmed by High Court - Appeal allowed, acquitting the accused-appellant due to unreliable identification and lack of substantive evidence linking him to the crime. (Paras 70, 71, 72) (...

Indian Penal Code, 1860 – Section 302 – Arms Act, 1959 – Section 25 – Indian Evidence Act, 1872 – Sections 25 and 27 – Murder – Life imprisonment – No independent witnesses have deposed anything to prove prosecution allegation against appellant – Case of prosecution against appellant is based on testimony of eyewitness, who has turned hostile a...

Hindu Marriage Act, 1955 – Section 13(1)(i)(b) – Divorce – Cruelty by wife – Courts, in recent times, often observe that since parties are living separately, marriage should be taken to have broken irretrievably – However, before jumping to such conclusion, it is imperative upon Family Court or High Court to determine as to who out of two is responsible for breaking marital tie and forcing other t...

(A) Revenue Recovery Act, 1989 – Sections 37-A and 38 – Constitution of India – Article 226 – Auction proceedings – Challenge as to – Sections 37-A and 38 of Revenue Recovery Act provide complete mechanism for setting aside sale of immovable property conducted under the Act, either by way of deposit of due amount (Section 37-A) or by challenging material irregularity, mistake or fraud in conduct o...

Hindu Marriage Act, 1955 – Sections 13 and 25 – Divorce – Desertion by wife – Parties have been living separately since nearly seventeen years now – Family Court made efforts to bring about amicable settlement between parties, but same did not succeed – No matrimonial bond remains between them and neither party has any real intention to restore relationship – Respondent- husband has remarried – In...

(A) Consumer Protection Act, 1986 – Section 2(1)(d) read with Section 2(1)(m) [Consumer Protection Act, 2019 – Section 2(7) – Consumer complaint – Maintainability – Commercial purpose – Identity of person making purchase, or value of transaction, is not conclusive to determine whether transaction or activity is for a commercial purpose – What is to be seen...

Protection of Children from Sexual Offences Act, 2012 – Sections 9(m) and 10 – Aggravated sexual assault on girl child – Conviction and sentence – Medical evidence will take a backseat even if do not corroborate with ocular evidence, where ocular evidence is consistent and cogent, later would be allowed to prevail – Fact that victim was in a frightened state upon seeing accused is a pointer in its...

Service Law – Removal from Service – Embezzlement of public money – [Gramin Dak Sevak (Conduct and Engagement) Rules, 2011] – During course of inquiry, respondent was given due opportunity of hearing – Defence assistance was also made available to respondent – Respondent cross-examined all departmental witnesses and did not lead any evidence in defence – While trying to explain discrepancies, resp...

The NHRC submitted a comprehensive report regarding the identification, treatment, rehabilitation, and elimination of discrimination against persons affected by leprosy, as per the court's order from 30.07.2025. The report, along with other resolutions and materials, is to be shared with counsel to identify actionable judicial directions. Counsel are instructed to exchange notes and provide sugges...

Civil Procedure Code, 1908 – Order VIII Rule 6A – Counter claim – Suit for specific performance – Counter claim though can be based on different cause of action than that are put forth in suit, it should be one incidental or connected with that cause of action and it has necessarily to be directed against plaintiff and cannot be directed against co-defendant – In present case, if co-defendants are...

Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 482 – Anticipatory bail application – FIR lodged in respect of offences punishable under Section 69 of Bharatiya Nyaya Sanhita, 2023, Sections 3 and 4 of Dowry Prohibition Act, 1961 and Section 67A of Information Technology Act, 2000 – Parties were in a relationship even prior to allegations made by second respondent as against appellant herein – ...

This judgment concerns the petition for Special Leave to Appeal (Crl.) No. 6588/2025 arising from a final judgment and order dated 11-03-2025 passed by the High Court of Kerala. The Court determined that the matter requires further examination by a Three-Judge Bench. It was stated that this case would be listed as soon as the Three-Judge Bench is constituted. The primary legal question framed was ...

(A) Customs Act, 1962 - Sections 129A(1) and 130 - Writ jurisdiction under Article 226 - Applicant did not exhaust statutory remedy of appeal before the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) prior to invoking writ jurisdiction, hence High Court rightly declined to entertain the writ petition. - Statutory remedies must be pursued before resorting to writ jurisdiction unless ...

(A) Constitution of India - Articles 129, 137, 142, 145 - Curative jurisdiction - Recognized to prevent abuse of process and to cure gross miscarriage of justice - Essential element being a fundamental defect in the previous decision or violation of natural justice. (Paras 2, 3, 10, 12) (B) Criminal Law - Principles of Evidence - Confessions admitted under Section 164 CrPC questioned for voluntari...

Civil Procedure Code, 1908 – Section 47 – Objection to execution of compromise decree – In execution petition, primary onus lies on decree-holder to show that judgment debtor has wilfully disobeyed conditions of decree – However, in present case, no evidence has been led by appellants to show that possession of idols ever passed to respondents – When any fact is especially within knowledge of any ...

Motor Vehicles Act, 1988 – Sections 168 and 173 – Permanent disability suffered in motor accident – Total compensation of Rs. 1,73,000/- together with 7% interest awarded by Tribunal – Additional compensation of Rs. 5,75,883/- awarded by High Court – Injured minor was 14 years of age – High Court rightly applied multiplier of 15 – Assessment of monthly income of Rs. 3,620/- is reasonable – 40% is ...

(A) Civil Procedure Code, 1908 – Order VII Rule 11 – Commercial Courts Act, 2015 – Section 13(1A) – Rejection of plaint – Not undertaking mandatory Pre-Institution Mediation and Settlement (PIMS) – Order rejecting plaint under Order VII Rule 11 CPC decides lis finally and would tantamount to a decree within meaning of Section 2(2) CPC – Decree passed by a Commercial Court at level of a District Ju...

(A) Specific Relief Act, 1963 - Sections 16(c) and 19(b) - Contractual obligations - Notice of termination of Agreement to Sell (ATS) not valid as ATS was non-determinable - Subsequent purchasers held not to be bona fide buyers due to actual and constructive notice of prior agreement - Original vendees able to demonstrate readiness and willingness to perform their obligations under ATS. (Paras 4, ...

Motor Vehicles Act, 1988 – Section 149 – Motor Insurance Policy – Breach of – Exemption of Insurer from liability to pay compensation – Where contract of insurance is not disputed, even on breach of insurance conditions, Supreme Court had allowed recovery of compensation from Insurer by giving right to Insurer to recover the same from vehicle owner – Pay and Recover Principle has been consistently...

(A) Indian Evidence Act, 1872 - Section 112 - Presumption of legitimacy of a child born during the continuance of a valid marriage - DNA testing ordered by High Court for criminal investigation deemed unwarranted as presumption remains unrebutted - No evidence of non-access provided. (Paras 22-24, 35, 59) (B) Privacy - Court examined the balance between the right to privacy and the necessity of DN...

Indian Penal Code, 1860 – Sections 302 and 504 – Murder and intentional insult – Life imprisonment – Where two ingredients namely that infliction of bodily injury on deceased was caused intentionally and secondly that it was sufficient to cause death in ordinary course of nature, are satisfied, offence would amount to murder – There may be circumstances which may emerge from facts and evidence of ...

(A) Indian Forest Act, 1927 - Sections 34A and 35; Maharashtra Private Forests Acquisition Act, 1975 - Section 2(f)(iii); Forest (Conservation) Act, 1980; Maharashtra Land Revenue Code, 1966 - The High Court dismissed writ petitions seeking to quash revenue annotations claiming lands vested in the State as private forest. The Supreme Court ruled that without proof of service of notices and final n...

(A) Animal Birth Control Rules, 2023; Prevention of Cruelty to Animals Act, 1960 - Directions to municipal authorities issued to capture, sterilise, and vaccinate stray dogs, and ensure public safety by preventing dog attacks in institutional areas, including schools, hospitals, and public transport spaces. (Paras 2, 25-26) (B) Public Safety - Court emphasizes the need for immediate measures again...

(A) Bihar Registration Rules, 2008 – Rule 19, sub-rules (xvii) and (xviii) – Registration Act, 1908 – Section 69 – Refusal to register a document – Registering authorities can refuse registration of an otherwise validly presented document on the ground that it did not mention and carry proof of Jamabandi allotment or holding allotment in favour of seller – There is nothing in Section 69 that would...

Land Acquisition Act, 1894[Now, Act of 2013] – Section 4 – Acquisition of land – Under provisions of the Act, on land being acquired, petitioner or his family is entitled only to compensation which has already been paid – There is no provision for grant of job in lieu of acquired land – Policy decision of giving job in lieu of acquired land cannot prevail over statutory provisions and as such, no ...

Arbitration and Conciliation Act, 1996 – Sections 34 and 37 – Appeal against arbitral award – Test as to whether there is a contravention with fundamental policy of Indian law shall not entail review on merits of dispute – Merely because there was subsequent change in policy with prospective effect, based on recommendations made by IRCTC itself, whereby parity was brought about in tariffs to be pa...

Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37 – Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 482 – Bail – Grant of – Respondent booked for offences under Section 8(c) read with Sections 20, 28 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 – Issue of substance abuse has emerged as a global public health crisis in twenty-first century, affecting every count...

Representation of the People Act, 1951 – Section 100(1)(b) – Constitution of India – Article 19(1)(a) – Free exercise of electoral right by Voters – Once it is found that there has been non-disclosure of previous conviction by a candidate, it creates impediment in free exercise of electoral right by Voter – Voter is deprived of making informed and advised choice – It would be a case of suppression...

Indian Penal Code, 1860 – Section 498A – Dowry Prohibition Act, 1961 – Sections 3 and 4 – Criminal Procedure Code, 1973 – Section 482 – Cruelty and dowry offences – At the stage of quashing, Court is not required to conduct mini trial – Jurisdiction under Section 482 of Cr.P.C. with respect to quashing is somewhat limited as Court has to only consider whether any sufficient material is available t...

Civil Procedure Code, 1908 – Order XXI Rule 1 and Order XXII Rule 6 – Execution of decree – Refusal to execute decree – Judgment in favour of deceased appellants would be a nullity in absence of legal heirs being brought on record and Judgment of trial Court would be one that would govern rights of parties – Decree passed by trial Court would revive for being executed – Execution proceedings could...

(A) Motor Vehicles Act, 1988 - Section 166 - Compensation claim - The deceased was involved in a fatal accident while driving, leading to a claim of ₹60,00,000/- for loss of dependency and consortium. Initial Tribunal award of ₹44,04,912/- was reduced by the High Court to ₹35,10,144/- using a split multiplier, which was contested in appeal. The court emphasized that split multipliers are only to b...

(A) Criminal Procedure Code, 1973 – Section 50 – [Now Section 47 of Bharatiya Nagarik Suraksha Sanhita, 2023] – Constitution of India – Articles 21 and 22(1) – Arrest – Legal prerequisites and safeguards – Genesis of informing grounds of arrest to a person flows from Constitutional safeguard provided in Article 21 of Constitution of India – Personal liberty includes procedural safeguards from abus...

Indian Evidence Act, 1872 – Section 45 read with Section 73 – Comparison of signatures or handwriting – In a suit for declaration and injunction, it is for plaintiff to prove his case – Section 45 read with Section 73 of the Act, can only be invoked for an admitted document for the purpose of comparison of signatures or handwriting – Impugned judgment passed by High Court set aside and order of Tr...

The Court analyzed the Review Petition in light of the provisions under Order XLVII of the Code of Civil Procedure, 1908, specifically citing the Explanation which limits the grounds for review. The facts centered around the refusal to grant liberty for review following a previous decision in KL Rathi Steels Limited. The Court ultimately dismissed the Review Petition, stating: ‘The Review Petition...

(A) Motor Vehicles Act, 1988 - Section 166(3) - Special Leave Petitions related to dismissals for default and unserved respondents - The court found that it has been informed of numerous petitions filed nationwide concerning the same issue, necessitating expedited hearing - During the pendency of these petitions, claim petitions should not be dismissed on limitation grounds as per the Motor Vehicl...

Indian Penal Code, 1860 – Sections 120B, 201, 419, 471, 468 and 420 – Criminal Procedure Code, 1973 – Sections 156(3) and 482 – Conspiracy, forgery and cheating – Direction for Police investigation quashed by High Court – Even if an injunction order is subsequently set aside, consequences for breach/violation of same when it subsisted, could still befall upon violator – Enough material is availabl...

The appellant was convicted under Section 138 of the Negotiable Instruments Act, 1881. His appeal was dismissed, but an agreement led to acquittal. The High Court's cost order was contested. The court noted that invoking Article 142 cannot create law discouraging settlements, holding the cost direction unsustainable as the complainant objected. Therefore, the appeal was disposed of accordingly.

Motor Vehicles Act, 1988 – Sections 88 and 98 – Grant of stage carriage permit to a private operator on an inter-State route – IS-RT Agreement by its very nature is an agreement between two States but not a law under relevant MV Act – Approved schemes and notified routes, which are envisaged in Chapter VI, would override Section 88 – Once two States hold talks for formulating and opening up routes...

The Supreme Court considered the applicability of Section 45 read with Section 73 of the Indian Evidence Act, 1872 in a suit for declaration and injunction, where the trial had concluded. The High Court's decision to reverse the Trial Court’s ruling was found to be erroneous as such provisions can only be invoked for admitted documents pertaining to signature or handwriting comparison. Thus, the C...

Civil Procedure Code, 1908 – Section 47 and Order XXI Rule 29 – Objection to execution of decree – Stay of enforcement proceedings – Jurisdiction lies in a narrow compass – Object of Section 47 is to prevent unwarranted litigation and dispose of all objections as expeditiously as possible – There is steady rise of proceedings akin to retrial which causes failure of realization of fruits of decree,...

The court orders notice to the respondents and notes a significant failure in the legal framework regarding victim compensation as necessitated by the absence of specific directions from Special Courts/Session Courts. The court emphasizes the need for such directions to facilitate compensation disbursement. The court directs a copy of this order to be dispatched to all High Court Registrar General...