Supreme Court Weekly 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...