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West Bengal State Electricity Distribution Co. Ltd. VS Adhunik Power & Natural Resource Ltd.
Written contract – Ordinarily, when a contract is reduced to writing, its terms must be determined from the document itself – However, this rule does not put embargo on looking into such facts which e....
(A) Indian Evidence Act, 1872 – Sections 91 and 95 [Bharatiya Sakshya Adhiniyam, 2023 – Sections 94 and 98] – Written contract – Ordinarily, when a contract is reduced to writing, its terms must be determined from the document itself – However, this rule does not put embargo on looking into such facts which establish link between terms of contract and existing facts i.e. attending circumstances, o...
Bhagyalaxmi Co-Operative Bank Ltd. VS Babaldas Amtharam Patel (D) Through Legal Representatives
(1) Liability of Surety – Liability of surety is co-extensive with that of principal-debtor, unless contract of guarantee provides otherwise – Liability of surety extends only to what contract he guar....
Contract Act, 1872 – Sections 133 and 139 – Discharge of Surety – Liability of surety is co-extensive with that of principal-debtor, unless contract of guarantee provides otherwise – Discharge of surety by variance in terms of contract means that surety cannot be bound to something for which he has not contracted – If surety had not assented to certain new terms, he cannot be bound for final oblig...
State Of Kerala VS Panacea Biotec Ltd.
Seizure of misbranded drug – Limitation period would run out only on completion of three years from the date identity of accused became known to Competent Authority.
Drugs and Cosmetics Act, 1940 – Sections 18(a)(i) read with 17(b) and 17(c) – Criminal Procedure Code, 1973 – Sections 202, 468 and 469 read with Sections 473 and 482 – Seizure of misbranded drug – High Court quashed Complaint Case qua Respondents on the ground that they resided beyond territorial jurisdiction of CJM – Drugs Inspector, who made complaint in present case, satisfied legal requiremen...
OGEPPA (D) Through Lrs. VS Sahebgouda (D) Through Lrs.
Keywords: pujari rights, heritage dispute, concurrent findings, Bombay Public Trust Act, documentary evidence, jurisdiction, legal proceedings, ancestral claims, possession, supreme court ruling
The Supreme Court upheld the concurrent findings of lower courts affirming the hereditary pujari rights of the plaintiffs based on consistent evidence and admissions, emphasizing restrictive intervent....
(A) Bombay Public Trust Act, 1950 - Section 80 - Heritage rights - The dispute involves competing claims by two families to hereditary pujari rights at the Amogasidda temple, tracing back over a century. The court affirmed that both the High Court and the First Appellate Court found in favor of the plaintiffs, establishing their rights to perform puja. The appellants' claim based on an old decree ...
Vandana Jain VS State Of Uttar Pradesh
(1) Criminal breach of trust, cheating and forgery – Merely because a document is not traceable in records after several years of its issuance, it cannot be said that document is forged.
(2) Allega....
Indian Penal Code, 1860 – Sections 406, 420, 467, 468 and 471 – Constitution of India – Article 226 – Criminal Procedure Code, 1973 – Section 482 – Criminal breach of trust, cheating and forgery – While considering prayer to quash FIR, ordinarily allegations made therein are to be taken at their face value to assess whether prima facie commission of a cognizable offence is made out or not – Howeve...
Catalyst Trusteeship Ltd. VS Ecstasy Realty Pvt. Ltd.
Keywords: insolvency, debenture, trustee, restructuring, default, financial debt, corporate debtor, NCLT, NCLAT, approval
The court emphasized that a corporate debtor's restructuring proposal must receive proper written approval from all debenture holders as stipulated in the Debenture Trust Deed, failing which the initi....
(A) Insolvency and Bankruptcy Code, 2016 - Section 7 - Corporate insolvency resolution process - Dismissal of application by NCLT confirmed by NCLAT - Court held that the restructuring proposal lacked absolute consent from all debenture holders as required by the Debenture Trust Deed (DTD) - The NCLT and NCLAT erred in dismissing the application despite the applicant's financial creditor status an...
Reliance General Insurance Company Limited VS Kanika
Keywords: Motor Vehicles Act, compensation, deduction, 2006 Rules, financial assistance, negligence, High Court, jurisdiction, review, appeal
Only overlapping monetary benefits received under the 2006 Rules can be deducted from compensation awarded under the Motor Vehicles Act, preserving unrelated financial assistance intact.
(A) Motor Vehicles Act, 1988 - The legal position regarding deductions from compensation awarded - The court clarified that only overlapping amounts from the Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2006, are to be deducted from compensation under the Act - Any unrelated financial assistance is not deductible. (Paras 6.1, 6.3) (B) Jurisdictional limits...
S. Rajendran VS Deputy Commissioner of Income Tax (Benami Prohibition)
Keywords: benami transactions, jurisdiction, provisional attachment, NCLT, NCLAT, Income Tax Act, sovereign actions, liquidation, moratorium, penal statutes
The Benami Act provides exclusive jurisdiction for challenges regarding benami transactions, superseding the IBC, where the moratorium does not apply to sovereign actions for asset confiscation.
(A) Prohibition of Benami Property Transactions Act, 1988 - Sections 24 and 27 - Income Tax Act, 1961 - Rejection of challenge to provisional attachment orders under the Benami Act by the NCLT - The NCLAT held it lacked jurisdiction over such challenges, affirming that concurrent proceedings under the Benami Act take precedence over IBC proceedings; the moratorium under IBC does not shield assets ...
Omkara Assets Reconstruction Private Limited VS Amit Chaturvedi
Keywords: CIRP, Companies Act, IBC, non-compliance, Scheme of Arrangement, debt recovery, judicial discipline, financial rectitude, moratorium, creditors
The IBC has overriding effect over the Companies Act, and failure to comply with statutory timelines renders a Scheme of Arrangement unenforceable, enabling initiation of Corporate Insolvency Resoluti....
(A) Companies Act, 1956 - Sections 391 to 394 - Insolvency and Bankruptcy Code, 2016 - Section 238 - Corporate Insolvency Resolution Proceedings (CIRP) initiated by bank against respondent for recovery of debts - Respondent resisted on grounds of pending Scheme of Arrangement (SOA) - Tribunal found non-compliance with Companies Act provisions and initiated CIRP, citing IBC's overriding effect. (Pa...
Naresh Kumar Garg VS State of Haryana
(1) Sex determination test – Summoning order – It is mandatory for person conducting Ultrasonography on a pregnant woman to keep complete record relating to Ultrasonography in clinic – Determination o....
(A) Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 – Sections 3, 3A, 4, 5, 6, 23 and 29 – Pre-Conception and Pre Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 – Rules 9 and 10 – Criminal Procedure Code, 1973 – Sections 468(2)(c) and 482 – Sex determination test – Summoning order – It is mandatory for person conducting Ultrasonog...
Amad Noormamad Bakali VS State of Gujarat
Seizure of smuggled foreign Wrist Watches – Sentence can be reduced where mitigating factors are heavily loaded in favour of accused.
Customs Act, 1962 – Section 135(1)(b)(i) – Indian Evidence Act, 1872 – Sections 24, 30, or 34 – Seizure of smuggled foreign Wrist Watches – Conviction and sentence – Findings of guilt recorded by Trial Court, which stand concurrently affirmed by appellate Court as well as High Court, do not suffer from any perversity, illegality, or manifest error warranting interference by this Court in exercise ...
Shobha Namdev Sonavane VS Samadhan Bajirao Sonvane
Cancellation of bail – There is clear distinction between cancellation of bail on the considerations provided under Section 439(2) Cr.P.C. and reversal of order of bail by superior Court.
Criminal Procedure Code, 1973 – Section 439(2) [Corresponding to Section 483(3) BNSS] – Indian Penal Code, 1860 – Sections 302, 354, 294, 326, 324, 323, 504, 506, 509, 143, 144, 147, 148, 149 and 427 read with Sections 3(1)(r), 3(1)(s), 3(2)(5), 3(2)(v-a), 3(1)(w), 3(1)(g) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Bail – Cancellation of – There is clear distin...
New India Assurance Co. Ltd. VS Rekha Chaudhary
Employees Compensation Act, 1923 – Section 4A(3)(b) – Insurance Company has no liability for payment of penalty in addition to compensation and interest component.
Employees Compensation Act, 1923 – Section 4A(3)(b) – Liability of payment of penalty – During 1959 to 1995, if employers had valid indemnity contract in their favour, entire liability to satisfy claim of compensation, interest and penalty as imposed upon them could have been fastened upon Insurer and it had to indemnify entirely and compensation and indemnity-holder would be entitled to recover a...
SBS Biotech VS State of Himachal Pradesh
Seizure of drugs for violation of legal provisions – A genuine complaint cannot be quashed without trial.
Drugs and Cosmetics Act, 1940 – Sections 27(d) and 28-A read with Rules 74 and 22(l)(cca) and 18-B – Seizure of drugs – Violation of legal provisions – Cognizance of offence – Every person holding license is required to keep and maintain such records, register and other documents as may be prescribed and shall furnish to officer or authority exercising power under the Act – When allegations are le...
Sriganesh Chandrasekaran VS Unishire Homes LLP
Joint Development Agreement (JDA) – Delay in handing over possession of flats – Landowners are jointly responsible with developer to ensure transfer of title to appellants – For lapse on part of devel....
Consumer Protection Act, 2019 – Section 67 – Real estate – Joint Development Agreement (JDA) – Delay in handing over possession of flats – Developer directed by National Commission to complete construction of flats allotted to appellants, obtain occupancy certificate, and handover possession of flats within three months – Developer further directed to pay 6% interest on amount deposited by appella...
Neelu @ Nilesh Koshti VS State Of Madhya Pradesh
(1) Circumstantial evidence – In cases based on circumstantial evidence, motive is not an absolute necessity when chain of circumstances is otherwise complete and points conclusively to guilt of accus....
(A) Indian Penal Code, 1860 – Sections 302 and 201 – Murder and disappearance of evidence – Life imprisonment – Circumstantial evidence – Deceased lady fell victim for a plot of kidnapping for getting ransom from her husband – When conviction is solely based on circumstantial evidence, there should be no breakage in chain of circumstances, leading to culpability of accused, within all human probab...
Priyanka Kumari VS State of Bihar
Termination – Candidates should not be deprived of benefits of degree obtained by them while studying in University.
Service Law – Termination – Services of appellants were terminated only for reason that institution in which they had studied was declared to be unrecognised – Nothing has come on record to suggest that University in which appellants studied was non-existent – Appellants cannot be said to be at fault as they had studied in University, which has been set up under 2002 Act enacted by State Legislatu...
PRIYANKA KUMARI AND ORS. vs THE STATE OF BIHAR AND ORS.
Keywords: termination, employment, validity, degrees, reinstatement, prospective overruling, ultra vires, service record, legitimate qualifications, education
Termination of employment based on degrees from a University declared invalid was unlawful; the court upheld the legitimacy of prior qualifications.
(A) Chhattisgarh Niji Kshetra Vishwavidyalaya Act, 2002 - Legality of degrees obtained from universities established under statute declared ultra vires - Termination of services of librarians appointed based on such degrees challenged - Supreme Court holds that individuals should not be deprived of earned degrees due to invalidation of university status. (Paras 5, 18) (B) Employment Law - Principl...
Gudipalli Siddhartha Reddy VS State C. B. I.
Keywords: Abetment, Poisoning, Suicide Pact, Strangulation, Expert Opinion, Medical Evidence, DNA Analysis, Circumstantial Evidence, Conviction, Legal Culpability
The court ruled that the accused was guilty of abetment of suicide due to purchasing poison, finding no evidence of manual strangulation or sexual assault, establishing death by organophosphate poison....
(A) Indian Penal Code, 1860 - Sections 306 and 309 - Crime of abetment of suicide - Appellant-Accused was convicted for aiding suicide by purchasing poison for the deceased; evidence indicated that both sought to end their lives together - No indication of manual strangulation or sexual assault against the Appellant-Accused as multiple medical opinions concluded death by organophosphate poisoning ...
Dinesh Kumar VS State of Haryana
Keywords: nepotism, housing allotment, HEWO, favoritism, transparency, fiduciary duty, Article 226, government involvement, arbitrary power, eligibility criteria
Fairness and accountability are essential in the allotment processes of private societies, ensuring no favoritism or bias in decisions affecting members.
(A) Societies Registration Act, 1860 - Allotment of housing facilities - Nepotism and favoritism in the allotment process - HEWO is not a state entity under Article 12, despite government involvement. (Paras 2, 4, 5) (B) Article 226 of the Constitution - Challenge against the arbitrary exercise of power by private societies and issues related to transparency and fairness in allotments. (Paras 4, 5...
Parameshwari VS State of Tamil Nadu
Keywords: deterrence, proportionality, sympathy, compensation, gravity, public confidence, justice, conviction, crimes, punishment
Sentencing must reflect the gravity of the crime, ensuring adequate deterrence while avoiding undue sympathy and maintaining public confidence in justice.
(A) Indian Penal Code, 1860 - Sections 307, 324, and 326 - Challenge to modification of sentence for grievous injuries - High Court reduced sentence from three years to already undergone two months, error noted by Supreme Court for lack of cogent reasoning. (Paras 18, 19, 37) (B) Sentencing principles - Court emphasized deterring effect of punishments and highlighted the need for proportionality i...
Rakesh Mittal VS Ajay Pal Gupta @ Sonu Chaudhary
Keywords: bail, criminal antecedents, cheating, forgery, public safety, habitual offender, judicial caution, FIR, investment fraud, court order
Grant of bail – Challenge as to – Value of life and liberty of members of society is not limited only to their ‘person’ but would also extend to quality of their life, including their economic well-be....
Criminal Procedure Code, 1973 – Section 439(2) [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483(3) – Grant of bail – Challenge as to – This is not a case of cancellation of bail but a challenge to validity of an order granting bail – Even in cases of cancellation of bail, power to do so is not just limited to occurrence of supervening circumstances as Cou...
Rohit Jangde VS State of Chhattisgarh
Keywords: murder, circumstantial evidence, benefit of doubt, investigation flaws, DNA evidence, last seen theory, guilt, conviction, acquittal, reasonable doubt
Murder – Evidence under Section 8 of Indian Evidence Act, 1872 can only offer corroboration and cannot by itself result in conviction.
Indian Penal Code, 1860 – Section 302 – Indian Evidence Act, 1872 – Sections 27 and 8 – Murder of step-daughter – Conviction and sentence – Circumstantial evidence – Last seen together theory – What has been established beyond doubt is only death of child whose vertebrae and teeth, recovered from a canal, matched with DNA profiles obtained from sampl...
Vinay Kumar Gupta vs State of Madhya Pradesh
Keywords: anticipatory bail, cooperation, self-incrimination, Narcotics Act, Drugs Control Act, court observations, investigation, judgment, release, disposal
The court upheld the right against self-incrimination while granting anticipatory bail under specific conditions.
Statute Analysis: The judgment involves considerations under Sections 8, 21, 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Sections 13, 5 of the Drugs (Control) Act, 1950. Facts of the Case: The appellant, Vinay Kumar Gupta, sought anticipatory bail following the seizure of 710 bottles of cough syrup related to FIR No. 453/2025, where he was not named. Findings of Court: The ...
BADARAVADA VENUGOPAL @ BABA KHATARNAK vs UNION OF INDIA
Keywords: petition, Ganga, sewage, authorities, dismissed, article 32, hearing, argument, disposal, environment
A petitioner must seek resolution from statutory authorities prior to approaching higher courts.
The petitioner, under Article 32, seeks to prevent untreated sewage from entering the Ganga. The court advises the petitioner to first approach relevant authorities for issue redressal before turning to the High Court. The application to argue in person is allowed. The Writ Petition stands disposed of.
Balmukund Singh Gautam VS State of Madhya Pradesh
Keywords: anticipatory bail, absconding accused, political rivalry, FIR, criminal antecedents, high court, proclaimed offender, witness tampering, regular bail, serious allegations
(1) Anticipatory bail – Power to grant anticipatory bail under Section 438 of CrPC vests only with Court of Sessions or High Court – Granting relief of anticipatory bail to an absconding accused perso....
(A) Criminal Procedure Code, 1973 – Section 438 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 482] – Anticipatory bail – Under criminal jurisprudence, anticipatory bail is a legal safeguard that is designed to protect individual liberty against arbitrary arrest in non-bailable offences – It is a pre-arrest legal process which directs that if the person in whose favour it is issued is thereaf...
State Bank Of India VS Union Of India
Keywords: spectrum, natural resource, ownership, Insolvency and Bankruptcy Code, telecom service providers, regulatory framework, operational dues, government control, contractual obligations, financial creditors
Spectrum is considered a finite natural resource, thus its ownership remains with the government and cannot be treated as an asset under the Insolvency and Bankruptcy Code.
(A) Telecommunications Law - Spectrum Allocation - Principles governing ownership of spectrum as a natural resource and IBC - Court defines spectrum as a finite natural resource under the constitutional public trust doctrine, administered by the government on behalf of citizens. It cannot be treated as an asset under IBC as TSPs do not possess ownership rights. (Paras 1.1, 70, 9, 12, 30) (B) Owner...
Tiruchirappalli District Cricket Association VS Anna Nagar Cricket Club & Anr. Etc.
Keywords: Cricket, Sports Governance, Membership, Elections, Constitution, High Court, Judgement, Association, Transparency, Appeal
Prior judgments on sports governance do not apply to cricket associations; a tailored framework is necessary for district-level sports governance.
(A) Tamil Nadu Societies Registration Act, 1975 - The appellant association's formation and governance - Inclusion of provisions for positions in the association and votes - The need for compliance with previous judgments concerning sports associations, questioned applicability to cricket governance. (Para 15) (B) Governance in Sports - Directions imposed on sports associations in previous judgmen...
Manoj VS State Of Maharashtra
Keywords: Essential Commodities Act, Cement Control, Conviction, Statutory Framework, Regulatory Authority, Public Works, Lack of Evidence, Criminal Appeals, Possession, Legal Tenability
Black-marketing of Cement – Where a statutory provision is unconditionally omitted without a saving clause, all proceedings founded upon such provision must lapse.
Essential Commodities Act, 1955 – Section 3 read with Section 7 – Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 245 – Black-marketing of Cement – Violation of Maharashtra Cement (Licensing and Control) Order, 1973 – Conviction and sentence – Where a statutory provision is unconditionally omitted without a saving clause, all proceedings founded upon such provision must lapse – By notification ...
HARBINDER SINGH SEKHON & ORS. vs THE STATE OF PUNJAB & ORS.
Keywords: Change of Land Use, environmental clearance, statutory compliance, zoning laws, siting norms, Punjab Regional and Town Planning Act, public health, industrial regulations, judicial review, constitutional protections
The court found that a Change of Land Use cannot supersede existing zoning laws and that retrospective approvals cannot remedy statutory deficiencies in environmental clearances.
(A) Constitution of India - Article 32 - Punjab Regional and Town Planning and Development Act, 1995 - Change of Land Use (CLU) - Legality of CLU granted for site in rural agricultural zone - High Court’s dismissal of writ petitions upheld; however, CLU quashed for lack of statutory backing. (Paras 4, 10, 18, 34) (B) Environmental protection - Siting norms and safeguards - Compliance with environm...
Pawan Kumar VS Union of India
Regularisation – There can be no discrimination in the matter of regularizing services of similarly situated employees.
Service Law – Regularisation – Discrimination – Services of appellants are liable to be regularized as they are similarly situated as other daily-wage workers in Income Tax Department, whose services have been regularized pursuant to various orders passed by Supreme Court – Income Tax Department could not have discriminated in the matter of regularizing services of similarly situated employees – T...
SAREVESH KUMAR vs UNION OF INDIA & ORS.
Keywords: pension, disability, service, attribution, health, regulations, compensation, appeal, smoking, dismissal
Compensation under military regulations excludes conditions attributable to personal lifestyle choices such as smoking.
This judgment addresses the appeal regarding pension compensation related to medical conditions attributable to military service under the Pension Regulations for the Army, 1961. The court found that the disease of 'Stroke Ischemic RT MCA TERRITORY' was a result of the appellant's smoking habit, and not attributable to military service, following detailed medical assessments. The core issue framed...
BHAGIRATH CHOUDHARY vs BORDER SECURITY FORCE
Keywords: conviction, dismissal, BSF Act, punishment, appellant, pension, proportionality, natural justice, border security, composite order
The court held that the punishment imposed was consistent with the BSF Act, 1968, factoring in the severity of the offense amidst the appellant's service history.
The appellant, a Sub-Inspector in the Border Security Force, was convicted under Section 40 of the BSF Act, 1968 for facilitating illegal cattle smuggling without recovery of evidence. The GSFC imposed a composite punishment of six months' rigorous imprisonment and dismissal. The appellant challenged the conviction and punishment citing coercion of confession and disproportionate punishment in lig...
Union of India through its Secretary VS SGT Girish Kumar
(1) Disability Pension – Right to receive disability pension is a valuable right and once found due, benefit of same has to be given from the date it became due – Same cannot be curtailed by restricti....
.(A) Service Law – Disability Pension – Entitlement – Pension is neither a bounty nor an ex-gratia payment dependent upon grace of State – It is a deferred portion of compensation for past service and upon fulfilment of governing conditions, matures into a vested and enforceable right – Pensionary entitlements partake character of property, and cannot be withheld, reduced, or extinguished except b...
R. Savithri Naidu VS Cotton Corporation Of India Limited
Execution of arbitral award – A judgment debtor cannot defeat a decree by alienating property after decree is passed but before decree is realised.
Civil Procedure Code, 1908 – Order XXI Rule 102 – Arbitration and Conciliation Act, 1996 – Sections 34 and 36 – Execution of arbitral award – A judgment debtor cannot defeat a decree by alienating property after decree is passed but before decree is realised – Steps taken defeat very fruits of money decree – Recovery proceedings under SARFAESI Act are independent and does not give any shield of pr...
GITANJALI J. ANGMO & ANR. vs UNION OF INDIA & ORS.
Keywords: writ petition, criminal, interlocutory application, clarification, direction, hearing, adjournment, reply, rejoinder
Court heard counsel on IA for clarification and adjourned for petitioners' reply or rejoinder.
No specific statutes referenced. The matter concerns an interlocutory application for clarification or direction in a criminal writ petition. The court heard counsel for respondents. No formal issues framed at interlocutory stage. No ratio decidendi articulated as proceedings are preliminary. The court directed listing of the matter on 16.02.2026 at 02:00 pm for reply or rejoinder by petitioners...
PAY AND ALLOWANCE OF THE MEMBERS OF THE U.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Keywords: Consumer Disputes, State Commission, District Commission, Article 142, Timely Adjudication, Female Membership, Alternative Mechanism, Redressal, Legal Framework, Statutory Compliance
The Supreme Court emphasized the necessity of establishing consumer commissions and the role of Article 142 in ensuring timely redress for limited complaints in certain states.
This judgment pertains to the constitution of the State and District Consumer Disputes Redressal Commissions, requiring compliance with statutory service conditions under the Consumer Protection Act, 2019. The Court evaluated the practicality of implementing such Commissions in states with low complaint numbers and invoked Article 142 to direct states to transfer records to High Court Registrars f...
KAMINIBEN & ORS. vs THE ORIENTAL INSURANCE COMPANY LIMITED & ORS.
Keywords: motor vehicles, gratuitous passenger, insurance liability, compensation, appeal, court ruling, Tribunal, High Court, assessment, verdict
Insurance company liability to pay compensation initially when deceased is a gratuitous passenger in a goods vehicle.
Statute Analysis: This case pertains to the Motor Vehicles Act regarding liability for compensation due to accidents. Facts: The deceased was a passenger in a rented goods vehicle for immersion of a Ganesh idol when the accident occurred. The Tribunal initially directed the insurance company to pay compensation of ₹13,23,000/- and recover from the vehicle's owner. Findings: The High Court overturn...
Zeba Khan VS State Of U. P.
(1) Bail – Accused or applicant seeking bail is under solemn obligation to make fair, complete and candid disclosure of all material facts having direct bearing on exercise of judicial discretion – An....
(A) Criminal Procedure Code, 1973 – Section 439(2) – Bail – Cancellation of – While personal liberty occupies position of high constitutional value, order granting bail does not enjoy immunity from appellate scrutiny where it is shown to be arbitrary, perverse, or passed in disregard of material considerations – Discretion to grant bail, though wide, is structured by well-settled legal principles ...
K. Rajaiah VS High Court for the State of Telangana
Dismissal – When charges are grave, caution and circumspection that should be exercised by authorities should be greater.
Service Law – Dismissal – Unauthorized absence from duty – Charge of forgery has not been proved – Appellant was facing a grave charge of fabrication of documents – When charges are grave, caution and circumspection that should be exercised by authorities should be greater – Inquiry Officer ought to have verified disputed and undisputed writings and if any doubt persisted matter ought to have been...
N. Manoharan VS Administrative Officer
Gratuity – Employees of Heavy Water Plant, Department of Atomic Energy, Government of India, Tuticorin are covered by provisions of Payment of Gratuity Act, 1972.
(A) Payment of Gratuity Act, 1972 – Sections 2(e), 5 and 14 – Scope and ambit – A person who is governed by any other Act, or governed by any Rules providing for payment of gratuity, does not come within the ambit of the definition of “employee” under the PG Act – For limited purpose of gratuity, larger and comprehensive establishment of atomic energy facilities by Central Government is not replac...
STRENGTHENING AND ENHANCING THE INSTITUTIONAL STRENGTH OF BAR ASSOCIATIONS vs THE REGISTRAR GENERAL & ORS.
Keywords: bar associations, institutional strength, terms of reference, collaboration, court procedures, suggestions, administrative order, legal frameworks, judicial processes, disciplinary actions
Court seeks input from bar associations on strengthening institutional structure, emphasizing collaboration and suggestions.
The Supreme Court addresses the initiative for enhancing the institutional strength of bar associations, emphasizing the need for terms of reference to be formulated. The Court calls for suggestions from various bar associations and requires the Terms to be circulated accordingly. The matter is slated for re-listing after eight weeks for consideration of said terms.
NGT BAR ASSOCIATION (WESTERN ZONE) vs UNION OF INDIA & ORS.
Keywords: NGT, judicial members, extension, retirement, National Green Tribunal Act, functioning, appointments, compliance, directions, litigants
The National Green Tribunal must maintain the requisite number of judicial members to function effectively, as per statutory provisions.
This judgment addresses the composition of the National Green Tribunal (NGT) under Section 4(4) of the National Green Tribunal Act, 2010, highlighting concerns due to upcoming retirements of judicial members and the implications for the NGT's functioning. The Court acknowledges the reliance on a previous judgment regarding the establishment of a National Tribunal Commission and the necessity of ju...
Anand Rai VS State of Madhya Pradesh
(1) SC/ST Act is a transformative instrument, bridging gap between constitutional ideals and everyday realities, ensuring that SC/ST citizens can live as equal, dignified, and empowered members of soc....
(A) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Sections 3(2)(v), 3(2)(va) – Indian Penal Code, 1860 – Sections 147, 341, 427, 353, 332, 333, 326, 323, 352 read with 149 – Criminal Procedure Code, 1973 – Sections 227 and 228 – Attack on Peoples’ Representatives, District Officials and Security Personnel – Framing of charge – SC/ST Act is a transformative instrument...
CHANDRASEN YADAV vs UNION OF INDIA & ORS.
Keywords: review petition, permission, open court, oral hearing, notice, returnable, tag, Writ Petition, procedure, Supreme Court
The court allows review petitions and orders their listing for hearing, emphasizing procedural adherence.
This Supreme Court order allows the application for permission to file review petitions and also permits their listing in open court for oral hearing. Notice is to be issued for a returnable date set for 26.02.2026. The proceeding is tagged with a related Writ Petition (C) 1110/2025. The Court's decisions establish procedural advancement in review petitions and associated matters.
In Re: Order dated 17.03.2025 Passed by the High Court of Judicature at Allahabad in Criminal Revision No. 1449/2024 and Ancillary Issues
Keywords: attempt, preparation, sexual offences, judicial sensitivity, victim protection, guidelines, compassion, charges, implicit judicial responsibility, legal reasoning
The distinction between 'preparation' and 'attempt' in criminal jurisprudence is crucial, impacting the seriousness of charges in cases involving sexual offences.
(A) Indian Penal Code, 1860 - Sections 376, 354B - Protection of Children from Sexual Offences Act, 2012 - The impugned judgment modified summons from Section 376 to lesser charge under Section 354B based on a prima facie view not justifying rape attempt - Erroneous legal reasoning potentially undermining victim protection efforts outlined in a letter from an NGO prompting suo motu intervention - ...
ASIANET SATELLITE COMMUNICATIONS LTD vs M/S JEEVAN TELECASTING CORPORATION LIMITED
Keywords: delay, review applications, virtual hearings, adjournments, efficiency, Telecom Disputes, settlement, directions, progress report, judicial system
Judicial efficiency requires adherence to established hearing systems rather than dependency on virtual modes, particularly when sufficient infrastructure exists.
The Supreme Court addressed the delays in decision-making by the Telecom Disputes Settlement & Appellate Tribunal regarding two pending review applications. The Court emphasized the inefficiency in the Tribunal's partial adoption of virtual hearings instead of utilizing its established facilities. It mandated TDSAT to conclude hearings promptly and submit progress reports. The ruling specified exp...
AJAY KOCHAR vs STATE OF PUNJAB
Keywords: bail, NDPS Act, charges, possession, scheduled substance, trial, conditions, disposal
Bail granted under strict conditions when mere possession may not fall under NDPS Act.
The petitioner is charged under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985; the court found that mere possession, without evidence of the scheduled substance, may not attract the NDPS Act (para 2-3). The main issue framed was whether the recovery constituted a scheduled substance (para 4). The court directed bail with stringent conditions to prevent trial delays (para 5...
THE STATE OF ODISHA & ORS. vs TAPAS KUMAR NAYAK
Keywords: Supreme Court, dismissal, jurisdiction, delay, petition, High Court, intervention, constitution, Article 136, impugned order
The Supreme Court upheld the High Court's ruling, affirming no substantial grounds for intervention under Article 136.
The Supreme Court of India, while exercising its jurisdiction under Article 136 of the Constitution, found no substantial grounds to overturn the High Court's decision dated 07-11-2023 which dismissed the petitioners' claims. The court concluded that the delay in filing should be condoned but did not establish any legal precedent in the matter at hand. Consequently, the petitions were dismissed.
MOSTARI BANU vs THE ELECTION COMMISSION OF INDIA & ORS.
Keywords: election, procedures, officers, authority, scrutiny, deployment, responsibility, complaints, law enforcement, court order
The court emphasized the need for proper staffing by the State to assist the Election Commission in electoral processes, affirming the authority of electoral officers in decision-making.
The Supreme Court, in the PILs filed regarding the electoral process, elucidated on the need for adequate manpower to support the Election Commission of India (ECI) during scrutiny, emphasizing the final authority of EROs. The Court also reviewed the State's compliance regarding officer deployment and the impact on procedures. The central issue pertained to the deployment and responsibility of Gro...
BABULAL S/O VAJE RAM vs STATE OF RAJASTHAN
Keywords: interim bail, chargesheet, prosecution, witnesses, trial, conditions, counter affidavit, rejoinder, rights, disclosures
The court emphasizes the necessity of detailed disclosures in criminal proceedings and grants interim bail to the petitioner pending adjudication.
In the matter of Petition for Special Leave to Appeal (Crl.) No. 832/2026, the Supreme Court analyzed the procedural requirements regarding the filing of affidavits by the prosecution. The court determined the need for particulars of the chargesheet and other relevant information. The primary issue framed involved ensuring the petitioner’s rights during trial proceedings. The court ruled that the ...
GAURAV HABLANI vs STATE OF CHHATTISGARH
Keywords: bail, appellant, respondent, High Court, custody, age, offences, trial, decision, released
The court granted bail considering the appellant's age, custody duration, and the nature of the offences.
The appeal arises from a High Court order rejecting the appellant's bail prayer related to FIR No.288 of 2025. The appellant, a 21-year-old, has been in custody for eight months. The court finds the appellant eligible for bail considering the nature of offences and the co-accused's bail grants. Result: The appeal is allowed, and the High Court's order is set aside, enabling the appellant's release...
State Of Odisha VS Managing Committee Of Namatara Girls High School
Keywords: condonation of delay, grant-in-aid, timeliness, government appeals, sufficient cause, procedure, administrative responsibilities, judicial discretion, dismissal, indolence
The Supreme Court emphasized that merely citing procedural delays is insufficient for condoning delays in government appeals, reinforcing that claims for delay must demonstrate sufficient cause.
(A) Odisha Education Act, 1969 - Section 24B - Grant-in-aid - The Tribunal granted aid to the school, but the state failed to appeal timely due to procedural delays, resulting in dismissal for being time-barred - Delay in filing a special leave petition of 123 days denied by the Supreme Court. (Paras 1-22) (B) Limitation Act, 1963 - Section 5 - Condonation of delay - The state's explanation for de...
SULTAN AHMAD KHAN vs STATE OF U.P
Keywords: suspension, bail, sentence, delay, appeal, criminal, judgment, IPC, High Court, release
The court determines that bail should be granted pending appeal where there is a considerable delay in proceedings and the sentenced term is not life imprisonment.
The petitioner, Sultan Ahmad Khan, appeals against the High Court's refusal to suspend a 7-year sentence for offenses under sections 366, 367, and 506 IPC. The Court finds that suspension is appropriate due to the lengthy delay in appeal processing and noted the petitioner's time served. Hence, bail is granted pending final appeal determination.
MILAN MIRI ALIAS KARRA vs STATE OF CHHATTISGARH
Keywords: bail, conviction, IPC, High Court, appeal, evidence, release, conditions, decision, criminal
The court granted bail after evaluating the nature of allegations and evidence, highlighting due process in criminal proceedings.
This petition arises from the judgment and order of the High Court of Chhattisgarh dated 12.2.2025 in Criminal Appeal No. 72 of 2024, dismissing the appeal against conviction and sentence under IPC Sections 363 and 354. The court admitted the special leave petition and granted bail to the petitioner subject to conditions set by the trial court. The pivotal issue was whether the trial court's convi...
JHARKHAND PUBLIC SERVICE COMMISSION & ANR. vs THE STATE OF JHARKHAND & ANR.
Keywords: judicial review, examination, answer key, re-evaluation, legal principles, authority, decision, Civil Judge, recruitment, High Court
Judicial review of examination procedures lacks validity without specific statutory provisions allowing re-evaluation.
The judgment addresses the judicial review exercised by the High Court of Jharkhand concerning the answer key of the Preliminary Entrance Test for the recruitment of Civil Judge (Junior Division). The Court emphasized the lack of express provision for re-evaluation of answer sheets under existing statutes or rules, citing settled legal principles. The principal issues raised included whether judic...
C/M ISHAN INSTITUTE OF PHARMACY vs STATE OF UP. & ORS.
Keywords: educational standards, compliance, final disposal, additional documents, rights, appeal, petition, Supreme Court, order, proceedings
Procedural compliance in educational matters must be rigorously assessed in light of statutory provisions.
In this judgment, the Supreme Court considered multiple petitions arising from Special Leave to Appeal concerning educational institutions. The court examined the relevant legal provisions governing educational standards and procedural compliance, and determined that the matters require final consideration on 24.03.2026. The court permitted the parties to submit additional documentation to support...
RITIK MANDILWAR @ BAMFOD vs STATE OF CHHATTISGARH
Keywords: release, bail, denial, IPC, Gambling Act, Information Technology Act, judicial custody, allow, overturn, trial
The court granted bail based on the acknowledgment that the charges were triable by a Magistrate.
The Supreme Court, while examining Criminal Appeal No. 1255/2026, discussed the denial of bail to the appellant for offences under several sections of the IPC, the Chhattisgarh Gambling (Prohibition) Act, and the Information Technology Act. The Court found that all offences were triable by Magistrate and ordered release on bail. Critical issues addressed included the grounds for granting bail. The...
TEHSEEN S. POONAWALLA vs UNION OF INDIA & ORS.
Keywords: writ petition, public interest, government authorities, legal compliance, procedural adherence, safeguards, statutory requirements, article 32, constitutional law, review
Legal compliance in public interest actions is essential for safeguarding rights and interests.
The present petition concerns a writ petition filed under Article 32 of the Constitution, challenging the actions of the government authorities regarding public interest. The petitioner raises concerns about procedural adherence to statutory requirements, which potentially impact the legal rights of affected parties. The Court determined that adequate legal provisions were not followed, warranting...
WAJID ALI @ TINKU vs STATE OF RAJASTHAN
Keywords: bail, Narcotic Drugs, Psychotropic Substances, detention, forensic delay, judgment, court order, petitioners, charges
Bail granted under the Narcotic Drugs and Psychotropic Substances Act due to prolonged detention and delays in legal process.
The petitioners are charged under the Narcotic Drugs and Psychotropic Substances Act, 1985, following FIR No. 44 of 2023. They argue for bail based on their prolonged incarceration and delayed forensic analysis. The Court finds merit in their argument and grants bail, subject to conditions. The case is concluded accordingly.
Sumit VS State Of U P
(1) Anticipatory bail – Once anticipatory bail is granted, it ordinarily continues without fixed expiry – Filing of charge-sheet, taking of cognizance, or issuance of summons does not terminate protec....
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 482 [Section 438 of Cr.P.C.] – Anticipatory bail application – Rejection – FIR registered for offences punishable under Section 2 80(2)/85 of BNS and Sections 3 and 4 respectively of Dowry Prohibition Act, 1961 – Once anticipatory bail is granted, it ordinarily continues without fixed expiry – Filing of charge-sheet, taking of cognizance, or i...
F.PRINCE VINO, PRESIDENT, MARTHANDAM EDUCATIONAL AND CHARITABLE TRUST vs M/S MARTHANDAM EDUCATIONAL AND CHARITABLE TRUST REP. BY ITS PRESIDENT & ORS.
Keywords: deed, registration, writ appeal, Registrar, protest petition, High Court, legal authority, dismissal, special leave, petition
The authority of a Registrar regarding deed registration is upheld, allowing a protest petition to be filed for review.
The Supreme Court adjudicates on the petition for special leave to appeal against the dismissal of a writ appeal that questioned the registration refusal of a deed altering a prior registered deed. Citing the Registrar's authority to refuse registration based on legality, the court finds the earlier High Court's directive to file a protest petition valid, thus preserving the petitioner's rights. T...
CHETRAM VERMA vs STATE OF U.P.
Keywords: Dowry death, Bail, High Court, Criminal appeal, Strangulation, Asphyxia, Judicial custody, Legal presumption, Serious crime, Trial court
The court underscored the need to consider the serious nature of dowry death allegations when determining bail, emphasizing legal presumptions of guilt under relevant statutes.
The Court addressed the implications of dowry death under the Bharatiya Nyaya Sanhita, 2023 and the Dowry Prohibition Act, 1961. The appeal arises due to dissatisfaction with a bail order by the High Court in a serious case of dowry death, where the principal allegation is that the deceased faced dowry-related harassment leading to her death. The Court determined that the High Court's rationale fo...
THE KERALA WATER AUTHORITY & ORS. vs T I RAJU & ORS.
Keywords: Interest, Contract, Payment, Construction, Agreement, Legal Precedent, High Court, Interest Act, Judgment, Appeal
Interest agreements in construction contracts are binding if mutually agreed upon in accordance with existing laws.
The Supreme Court analyzed the preliminary agreement dated 30.04.2013 between the parties concerning a construction contract and the payment of interest as detailed in the clauses of the agreement. The court determined that the stipulations regarding delayed payments and interest were binding, referencing the provisions of the Interest Act, 1978. The court emphasized that the High Court failed to ...
KASHMIR KAUR vs STATE OF PUNJAB
Keywords: anticipatory bail, FIR, injunction, investigation, dowry, cooperation, protection, court order, appeal, verdict
Anticipatory bail granted based on absence of dowry allegations and interim protection previously ordered.
The Supreme Court considered the anticipatory bail application in relation to FIR No. 38/2025, highlighting that the appellant is a co-accused in a case of alleged suicide, with no clear evidence of dowry demands being present. The Court observed that similar co-accused have been granted bail previously, hence interim protection was afforded to the appellant. The issue framed was whether the appel...
BALSAAHEB KESHAWRAO BHAPKAR & ORS. vs SECURITIES AND EXCHANGE BOARD OF INDIA & ORS.
Keywords: Writ Petition, Criminal, Interim Applications, Hearing, Supreme Court, Procedural Compliance, Future Listing, Securities Board, Court Order, Legal Process
The court maintains procedural compliance while ensuring all parties are afforded an opportunity to be heard on subsequent dates.
The Supreme Court, in the context of Writ Petition(s)(Criminal) No. 546/2023, addressed various interim applications and procedural matters concerning relevant parties, predominantly the Securities and Exchange Board of India. The Court determined on the necessity of listing the matter for a future date, thereby ensuring parties are duly heard. The applicable laws and procedural codes were not dee...
ANUJ vs STATE OF M.P.
Keywords: Bail, IPC, Supreme Court, Regular Bail, Trial, Chargesheet, Witnesses, Expeditious Hearing, Petition, Judgment
Bail can be granted based on the circumstances and records of the case, despite serious charges.
The Supreme Court reviews a special leave petition concerning the denial of regular bail by the High Court in a criminal case involving serious offences under various sections of the IPC. The Court considers the circumstances surrounding the case, indicates the trial's progress, and ultimately favors the petitioner's release on bail while allowing the trial to proceed expeditiously. The petition i...
SHALLY MAHANT @ SANDEEP vs STATE OF PUNJAB
Keywords: anticipatory bail, civil dispute, FIR, trespass, theft, co-accused, interim protection, Investigation, bail conditions, Supreme Court
Anticipatory bail can be granted considering the civil nature of the dispute and co-accused's bail status.
The Supreme Court analyzed the appellant's plea for anticipatory bail under the Bharatiya Nayaya Sanhita, 2023. The court noted the circumstances of the FIR No.166 of 2025 regarding trespass and theft allegations against the appellant, highlighting previous rejections of bail and interim protection granted by this Court. The court framed the issue on whether to grant anticipatory bail, concluding ...
Deputy Commissioner and Special Land Acquisition Officer VS S. V. Global Mill Limited
Keywords: limitation, land acquisition, compensation, 2013 Act, 2016 Act, government negligence, judicial proceedings, rights, rehabilitation, just compensation
The 2013 Act’s framework requires a pragmatic interpretation of statutory timelines, allowing appeals despite delays caused by government negligence, reaffirming that Section 5 of the Limitation Act a....
(A) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Sections 74 and 103 - Limitation Act, 1963 - Sections 5 and 29(2) - Appeals dismissed by High Court as barred by limitation - Primary issue of interplay between Sections of both Acts examined - The 2013 Act provides statutory framework for timely relief to landowners with clear timeline...
BOARD OF CONTROL FOR CRICKET IN INDIA vs CRICKET ASSOCIATION OF BIHAR & ORS.
Keywords: governance, sports, administration, interim orders, procedures, representation, clarity, dispute resolution, appeal, intervention
The court emphasized the governance of sports bodies and the importance of clarity in procedures regarding representation.
This appeal arises under Civil Appeal No. 4235/2014 pertaining to the Board of Control for Cricket in India versus Cricket Association of Bihar & Ors. The appellant challenges the interim orders of the lower court, emphasizing the necessity to resolve disputes concerning cricket governance. The Supreme Court, in its analysis, highlighted essential principles related to the governance of sports bod...
BHUPINDER SINGH vs UNITECH LTD.
Keywords: Civil Appeal, Procedural Justice, Fair Trial, Lower Courts, Adherence, Judicial Outcome, Framework, Contested, Adjournment, Hearing
Procedural adherence is vital for fair trial rights in civil appeals.
The Supreme Court, while deliberating on Civil Appeal No.10856/2016, analyzed relevant procedural laws pertaining to appeal processes in civil matters. The case revolves around the contention of the Appellant regarding procedural unfairness in the lower courts, ultimately leading to the present appeal. The Court found that due adherence to procedural norms is paramount in ensuring fair trial right...
Tharammel Peethambaran VS T. Ushakrishnan
Keywords: Power of Attorney, Validity, Sale Deeds, Authority, Secondary Evidence, Fraud, Injunction, Civil Procedure, Evidence Act, Registration
(1) Second appeal – Legality of a finding of fact, when challenged on the ground of perversity, itself constitutes a question of law and may give rise to a substantial question of law under Section 10....
(A) Civil Procedure Code, 1908 – Section 100 – Second appeal – Substantial question of law – General rule is that findings of fact recorded by trial and appellate courts are binding and will not be disturbed, even if they appear to be erroneous – However, this restriction is not absolute – Where findings of fact are founded on assumptions, conjectures or surmises, or suffer from vice of perversity...
LAKSHMIBEN & ORS. vs THE STATE OF GUJARAT & ANR.
Keywords: writ petition, stay order, modification, coercive action, proceedings, legal rights, judicial balance, case management, court direction
The court modified previous orders to balance procedural continuity and protection of petitioners' rights in ongoing lawsuits.
This Court, consistent with the provisions of the law, modified the previous order pertaining to the stay on coercive actions against the petitioners as explained during the hearing. The primary determination was to permit the continuation of certain proceedings while ensuring protection for the petitioners pending disposal of the writ petitions. The modifications were articulated clearly, with sp...
PHARMACY COUNCIL OF INDIA vs THE STATE OF DELHI ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTE)
Keywords: Pharmacy Council, application, modification, permission, filing, academic session, directive, court order, extended timeline, jurisdiction
Modification of permission for filing applications in line with procedural necessities.
This judgment involves the Pharmacy Council of India's application for extending the permission to file the SIF for certain colleges, originally ordained in a prior court order. The court modified the existing order to permit the opening of the portal for an additional three weeks for the application process pertaining to the academic session 2026-2027. The request to the court included specific r...
A (MOTHER OF X) vs STATE OF MAHARASHTRA & ORS.
Keywords: medical termination, pregnancy, urgency, safeguards, consent, appellant, respondent, judgment, SUPREME COURT, legal procedure
The Supreme Court upheld the right of a minor to undergo medical termination of pregnancy, emphasizing procedural and medical safeguards.
In this case, the Supreme Court considered the appeal against the order of the High Court of Judicature at Bombay, which denied permission for medical termination of pregnancy to the appellant's daughter. The Court allowed the appeal, citing the urgency and necessity of the medical procedure while ensuring all medical safeguards are adhered to. The final ruling allows the appellant's daughter to u...
FOUNDATION FOR MEDIA PROFESSIONALS vs UNION OF INDIA
Keywords: segregation, interim orders, hearing, directives, cases, efficiency, adjudication, listing, legal process, PIL
The court directed the responsible advocate to segregate similar cases for efficient adjudication, while retaining interim orders.
The Supreme Court in Writ Petition(s)(Criminal) No.395/2022 emphasized on the necessity of segregating similar cases for efficient adjudication. The Court directed the responsible advocate to analyze the cases and list them accordingly, retaining interim orders as necessary. This was set to be revisited on 14.04.2026.
RAKESH vs STATE
Keywords: suspension, sentence, bail, judgment, court, appeal, application, exemption, conditions, criminal
The Court may grant suspension of sentence in cases where a reversal of judgment is under review.
The Supreme Court considered the appeal regarding the suspension of a jail sentence pending the outcome of the special leave petition. The application for exemption from filing certified copies of the impugned judgment was granted under procedural regulations. The Court determined that, given the reversal of the judgment, it was appropriate to suspend the jail sentence, with conditions for bail be...
V. Pathmavathi VS Bharthi Axa General Insurance Co. Ltd
Keywords: Compensation, Income Assessment, Future Prospects, Loss of Consortium, Negligence, Motor Accidents, Legal Precedents, Just Compensation, Emotional Loss, Judicial Discipline
(1) Amount of compensation should be “just” – Though “just” compensation can never be prefect or absolute compensation, since loss of human life can never be compensated by monetary terms.
(2) Conc....
Motor Vehicles Act, 1988 – Sections 168 and 173 – Death in motor accident – Deceased aged 37 years and was earning as earning a fixed monthly income – Compensation of Rs. 9,37,000/- with 7.5% interest awarded by Tribunal, subsequently, enhanced to Rs.10,51,000/- by High Court in appeal – Amount of compensation should be “just” – Though “just” compensation can never be prefect or absolute compensat...
ITC Limited VS Aashna Roy
Keywords: Deficiency in service, Compensation, Natural justice, Evidence authenticity, Consumer disputes, Burden of proof, Photocopies, Substantial damages, Credible evidence, Medical negligence
Compensation claims in consumer disputes must be substantiated by credible evidence, and reliance on photocopies without originals is insufficient to justify substantial damages.
(A) Consumer Protection Act, 1986 - Sections 12, 13, and 14 - Deficiency in service - Compensation of ₹2,00,00,000/- awarded for medical negligence was modified to an amount already released to the respondent - The court emphasized that mere photocopies without original documents do not substantiate significant claims for large compensation - The Commission was found to have violated principles of...
UNION OF INDIA vs CHIDIEBERE KINGSLEY NAWCHARA & ORS.
Keywords: compliance, states, order, judicial, directives, mandate, accountability, hearing, undertaking, schedule
Judicial orders must be complied with by respective states for effective governance under the law.
The judgment analyzes the compliance status of an order made on 30.01.2026 regarding various states. The Court determined that certain states had not complied and requested undertakings from the respective states to comply promptly. Key issues framed included compliance with previous orders, emphasizing the judicial enforcement of adherence to statutory directives. The Court's ruling requires spec...
ACHIN GUPTA vs TANU @ TANU GUPTA @ TANU MANOCHA
Keywords: settlement, mediation, divorce, mutual consent, custody, withdrawal, termination, agreement, claims, amicable
Dissolution of marriage through mutual consent is enforceable under Article 142, allowing for withdrawal of claims and setting custody arrangements.
(A) Constitution of India - Article 142 - Dissolution of marriage by mutual consent - The Settlement Agreement between the parties achieved through mediation outlines mutual terms for divorce, including the withdrawal of pending cases and settlement of alimony and custody. (Paras 1, 8, 10) (B) Mediation - Parties adhered to the mediation's results, emphasizing amicable resolutions instead of prolo...
RAGINI GUPTA vs SURENDRA KUMAR CHAURASIA
Keywords: divorce, settlement, amicable agreement, financial settlement, custody, concluded disputes, abidance, jurisdiction, dissolution, decree
Settlement terms mutually agreed upon dissolved the marital relationship under the court's jurisdiction, concluding all disputes.
This judgment concerns a divorce and settlement agreement reached between the parties. Under the terms, the husband agrees to pay a total of Rs. 25,00,000/- to the wife, which concludes all disputes, civil and criminal, between them. The marriage is dissolved through the court's jurisdiction under Article 142 of the Constitution. The parties are enjoined to abide by the settlement's terms. The fin...
MEHAL SINGH vs STATE OF PUNJAB & ORS.
Keywords: victim's right, appeal, judgment of acquittal, leave to appeal, Cr.P.C., Supreme Court, High Court, settled issue, order, entitlement
A victim has the right to appeal against a judgment of acquittal without seeking leave under Section 372 of the Cr.P.C.
This appeal arises from the High Court's refusal to grant leave to appeal against a judgment of acquittal. The court settled the issue regarding the victim's right to appeal under Section 372 of the Cr.P.C. without needing to seek leave. The appeal is allowed, setting aside the impugned order.
SHAKUNTALA DEVI vs DELHI DEVELOPMENT AUTHORITY THROUGH ITS VICE CHAIRMAN & ORS.
Keywords: review, civil, dismissed, petitioner, respondent, heirs, liberty, law, decision, jurisdiction
A review petition is dismissed where the law has been settled by a Constitution Bench and the petitioner has passed away.
The review petition was filed prior to the Constitution Bench decision in Indore Development Authority v. Manohar Lal, (2020) 8 SCC 129. The law has since been settled and the review petition is dismissed, with heirs permitted to pursue remedies if rights survive. The review petitioner has also passed away.
ADITYA BIRLA CAPITAL LIMITED vs ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED
Keywords: interim relief, procedural fairness, notice, court proceedings, applications, hearing, respondents, filing, timeframes, orders
Court emphasizes procedural fairness and the importance of timely notice to all parties in interim relief applications.
This judgment revolves around the grant of interim relief in pending applications per the Supreme Court Rules. The court took cognizance of the procedural aspects and the need to ensure fair notice to unserved respondents and granted relevant timeframes for proceedings. The final determination articulated that the court will reconvene on a specific date for further proceedings, emphasizing the imp...
AJAY KUMAR NAG & ORS. vs STATE OF CHHATTISGARH & ORS.
Keywords: Special Leave Petition, Procedural Compliance, Service of Notice, Counter Affidavit, Timeline, Fair Opportunity, Judicial Proceedings, Compliance, Filing, Respondents
Adherence to procedural timelines is critical for ensuring fairness in judicial proceedings.
The Supreme Court addressed multiple Special Leave Petitions concerning service of notices and counter affidavits. The Court analyzed procedural compliance under relevant rules, emphasizing the necessity for timely filings by respondents. The Court highlighted the absence of counter affidavits despite completion of service. Issues of procedural missteps raised critical queries about compliance wit...
NARENDRA R. PATEL vs KAMAL DATTATRAY KALE & ORS.
Keywords: condonation, delay, application, COVID, Supreme Court, Registry, referencing, proper procedures, notices, explanatory
Applicants must clearly specify delay duration and reasons in applications for condonation of delay; failure to do so may lead to deficiencies.
The Supreme Court analyzed the application for condonation of delay in filing a special leave petition which was found deficient as it lacked information on the number of days’ delay and sufficient explanation. The court noted that it is the responsibility of the applicant to compute the delay. Despite this, the delay was condoned due to circumstances of the COVID Pandemic. The court emphasized th...
ANKIT JAISWAL vs STATE OF MADHYA PRADESH
Keywords: bail, NDPS Act, Madhya Pradesh, criminal antecedents, incarceration, imprisonment, trial, appellant, respondent, jurisdiction
Bail granted due to lack of criminal antecedents and prolonged incarceration.
In the case concerning FIR No. 960/2024 for offenses under the Narcotic Drugs and Psychotropic Substances Act, 1985 and Madhya Pradesh Drugs (Control) Act, 1949, the court found that the appellant had no prior criminal history related to the NDPS Act and had been in custody for 16 months with the trial just beginning. As such, the Court resolved to incline towards granting bail. The primary issue ...
EMAAR INDIA LIMITED vs SANJAY MANIDHAR & ANR.
Keywords: Supreme Court, NCDRC, Consumer Case, Dismissal, Interest, Civil Appeal, Compliance, Review Application, Judgment, Order
The Supreme Court upheld the NCDRC's decision regarding consumer interest without finding grounds for interference.
In this judgment, the Supreme Court reviewed the findings of the NCDRC regarding Consumer Case No. 3525/2017, confirming the grant of simple interest at 8% per annum, consistent with previous rulings. The Court determined that there were no grounds to overturn the NCDRC's decision. The final outcome was the dismissal of the civil appeals, with an extension of four weeks for compliance with the NCD...
Kanta VS Soma Devi (Dead) Through Lr.
Keywords: maintenance rights, absolute ownership, Hindu Succession Act, possession proof, injunction, civil appeal, pleadings, evidence, legal standards, property dispute
Property rights acquired under maintenance in Hindu law can evolve into absolute ownership, affecting claims of possession.
(A) Hindu Succession Act, 1956 - Section 14(1) - Land ownership dispute - High Court found that rights acquired by a woman in lieu of maintenance under Shastric Hindu Law ripen into absolute ownership, impacting rulings of lower courts regarding actual possession - First Appellate Court’s conclusion reversed. (Paras 7, 8) (B) Civil procedure - Suit for perpetual injunction demands proof of actual ...
RAIL VIKAS NIGAM LIMITED vs M/S. MCML-ECI JOINT VENTURE
Keywords: arbitration, jurisdiction, special leave petition, review petition, High Court, dismissal, acceptance, procedural grounds, evidence, jurisdiction question
The petitioner cannot challenge the tribunal's jurisdiction post acceptance, leading to dismissal of the special leave petition.
The Supreme Court analyzed the arbitration proceedings following a petition for special leave, addressing the rejection of a review petition by the High Court for the State of Telangana. The Court noted that the petitioner failed to challenge the jurisdiction of the arbitral tribunal earlier, leading to dismissal of the SLP. Key issues included the jurisdiction of the arbitral tribunal and the pet...
ABDUL KHALEK & ORS. vs THE STATE OF ASSAM & ORS.
Keywords: special leave, interim relief, exemption, procedure, Gauhati High Court, judgment reserved, admission, petition, hearing, court order
The court reserved judgment in several special leave petitions concerning procedural compliance and interim relief requests in appeals.
The Supreme Court considered multiple petitions for special leave appeals against a final judgment from the Gauhati High Court, quarrelling over procedural exemptions and interim relief requests. The Court made determinations on the pending matters and subsequently reserved the judgment regarding the appeals. Key issues involved the procedural compliance and validity of the appeals presented befor...
CARZON RENT (INDIA) PVT. LTD. vs GRANDHI BHARATHA MALLIKA RATNA KUMARI & ORS.
Keywords: substituted service, counter affidavit, legal compliance, representation, timelines, publication, hearing, application, court order, service completion
The court addressed procedural compliance in substituted service applications, emphasizing the importance of timely submissions and representation of parties.
This judgment pertains to Civil Appeal No. 10582/2024 regarding procedural aspects of substituted service. The court found that necessary counter-affidavits had been filed and service was complete on certain respondents. Challenges regarding service on specific parties were discussed, with deadlines set for compliance. The court allowed an application for substituted service by publication, emphas...
PANKAJ KUMAR vs STATE OF PUNJAB
Keywords: anticipatory bail, cooperation, investigation, FIR, custodial interrogation, Supreme Court, Punjab, 2023, Bharatiya Nyaya Sanhita, appeal
Anticipatory bail granted due to the appellant's cooperation in the investigation, negating the need for custodial interrogation.
The appellant challenges the order concerning FIR No.138/2024 under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, asserting no need for custodial interrogation as he is cooperating with the investigation. The court resolves to grant anticipatory bail based on these findings. Appeals' core issues involve the necessity of custody and compliance with ongoing investigations. The court discerned...
THE SPECIAL LAND ACQUISITION OFFICER vs GANGAPPA
Keywords: condonation, delay, exemption, application, filing, judgment, hearing, order, legal proceedings, resolutions
Applications for condonation of delay granted; exemptions allowed.
The Court analyzed the applications for condonation of delay in filing various IAs along with exemption requests. Upon hearing the parties, the court allowed the applications for exemption from filing certain documents. The delay in filing was subsequently condoned, leading to the ultimate determination.
N. KARTHIKEYAN & ORS. vs THE STATE OF TAMIL NADU & ORS.
Keywords: writ petition, intervention application, exemption, clarification, judicial proceedings, re-listing, court order, procedural compliance, legal direction, hearing
The Supreme Court emphasizes the necessity of procedural compliance and clarity in judicial processes, ensuring all parties are duly heard.
The Supreme Court, in Writ Petition No. 53/2022, examined multiple intervention applications and exemptions related to filing original documents as per law. The petitioners sought clarifications on previous orders, asserting procedural inconsistencies. The Court evaluated these claims and directed the re-listing of the matters for future hearings. The primary legal intent centers around ensuring p...
SONAL KHIYANI vs RAVINDRA KHIYANI
Keywords: mediation, interim maintenance, family dispute, children, settlement, hearing, directions, legal counsel, remarriage, court procedure
Mediation is crucial in family disputes, and the obligation for interim maintenance remains enforceable.
The Supreme Court, in this petition for special leave to appeal, emphasized the significance of mediation between the parties in a family dispute concerning two children aged 21 and 18 years. The court referred the matter to the Supreme Court Mediation Centre and directed both parties to appear. It ruled that the respondent must pay interim maintenance as per the Family Court's previous order whil...
ARUN DUBEY vs THE STATE OF MADHYA PRADESH
Keywords: bail, sentence suspension, conviction, appeal, High Court, Indian Penal Code, Trade Marks Act, fixed sentence, legal proceedings, Criminal Procedure
Bail is granted based on the time already served and the nature of the sentence, pending appeal decision.
The Court analyzed the High Court's denial of suspension of sentence under Section 389(1) of the Code of Criminal Procedure, citing the appellant's conviction for multiple offences under the Indian Penal Code and the Trade Marks Act. The appeal highlighted the long wait for the case hearing. The Court found it justifiable to grant bail considering the time already served and the fixed nature of th...
EMPLOYEES STATE INSURANCE CORPORATION vs ITD CEMENTATION INDIA LTD.
Keywords: transfer, writ, circular, validity, construction, employees, insurance, Supreme Court, hearing, petition
The Supreme Court permits transfer of cases to address validity questions of a circular concerning employee coverage efficiently.
The Employees State Insurance Corporation sought to transfer writ petitions from various High Courts concerning the validity of ESIC Circular dated 31.07.2015 regarding coverage of construction workers under the Employees Insurance Act. The Court highlighted that three High Courts had upheld this Circular, indicating its legal standing. The Court allowed the transfer of relevant petitions to ensur...
RAJESH KUMAR SINGH vs THE STATE OF BIHAR
Keywords: bail, anticipation of arrest, Supreme Court, investigation, FIR, custodial interrogation, legal proceedings, Bihar Prohibition Act, Indian Penal Code, judgment
Custodial interrogation not required for bail in anticipation of arrest under specific legal circumstances.
The Supreme Court analyzed the provisions of the Bihar Prohibition and Excise Act, 2022 and the Indian Penal Code, 1860, regarding bail in anticipation of arrest. The appellant was accused in an FIR alleging serious offenses but had cooperated with the investigation. The Court found adequate grounds for bail. The main issues included the necessity of custodial interrogation, with the court emphasi...
NEHA SIDDESH INDALKAR vs SIDDESH SAMPAT INDALKAR
Keywords: transfer petition, marriage petition, sufficient cause, jurisdiction, family court, court order
Transfer of marriage petition granted based on sufficient cause under Section 25 CPC.
This case examines the petitioner's request for transfer of a marriage petition under Section 25 CPC. The court found sufficient cause to fully grant the transfer request, thus allowing the petition. The final order effectively facilitates the transfer of the case to a competent jurisdiction Court.
SANOJ BENJAMIN vs STATE OF UTTAR PRADESH & ORS.
Keywords: visually-impaired, hostel accommodation, University rules, public interest, High Court, PIL, reconsideration, disposal, sympathetic consideration, education rights
Procedural fairness mandates equal consideration for similarly-placed candidates in educational institution housing policies.
The petitioner, a visually-impaired student, challenged the constitutionality of a University hostel rule barring his accommodation after seven years. The High Court dismissed the PIL, deeming it personal, allowing a proper petition. The Supreme Court directed that similar considerations granted to another case should apply to the petitioner. Resulting conditions of the hostel rules should be symm...
State of West Bengal VS Jai Hind Pvt. Ltd.
Keywords: jurisdiction, vesting order, review authority, West Bengal Estates Acquisition Act, land retention, legal status, agricultural land, quasi-judicial power, amicable settlement, legal principles
The Revenue Officer of the State lacks the statutory authority to review vested land orders under the West Bengal Estates Acquisition Act without explicit legislative provision, affirming separation o....
(A) West Bengal Estates Acquisition Act, 1953 - Sections 4, 5, 6(1)(j), 57A, and 57B - Review of vesting order - Revenue Officer lacks jurisdiction to review its own prior decisions; review not statutorily conferred and cannot be presumed from broad powers of civil courts - Vesting order of 1971 valid; claimed entitlement under WBEA not established by respondent. (Paras 91-94) (B) Jurisdiction - R...
KALESHWAR KUMAR NEGI vs STATE OF CHHATTISGARH
Keywords: bail, embezzlement, government money, FIR, witnesses, custody, Trial Court, conditions, disposal, special leave
The court allows bail in embezzlement cases based on the duration of custody and ongoing witness examination.
The Supreme Court considered the case concerning embezzlement of government money, as per FIR No. 54 of 2024. The petitioner, arrested on 15.07.2024, is still in custody with 19 of 91 witnesses examined. The Court granted bail, directing compliance with conditions stipulated by the Trial Court. The special leave petition is disposed of on these terms.
MANJUSHREE SANJAY TELANG vs CAMP EDUCATION SOCIETY & ORS.
Keywords: Writ Petition, School Tribunal, Delay, Merits, Procedural Dismissal, Restoration, Equities, Review, Judicial Consideration, Justice
The court emphasized that procedural dismissals should not impede justice, allowing reconsideration of the merits in the original application.
The petitioner challenges the dismissal of her Writ Petition against a School Tribunal's decision on the grounds of delay. The Court finds merit in reviewing the case despite a procedural dismissal, restoring the original Writ Petition for a merits-based evaluation. The Special Leave Petition is thus disposed of as directed.
MEGHPAL & ORS. vs INDIAN OIL CORPORATION LTD. & ORS.
Keywords: special leave petition, dismissal, identical issues, judicial consistency, court decision, previous petitions, Supreme Court, legal proceedings, court order, case scheduling
The dismissal of similar special leave petitions reinforces judicial consistency in decisions concerning identical issues.
The Supreme Court analyzed the petition under Article 136 of the Constitution regarding the dismissal of previous special leave petitions. Key facts include the identical issues raised previously in other petitions, namely SLP (Civil) No. 3866 of 2026 being dismissed. The Court's finding reinforced the dismissal of the current petition. The primary issue framed was whether the special leave should...
PREETI AGARWAL vs RAKESH KUMAR JHA & ORS.
Keywords: hearing, construction, status-quo, petitioner, respondent, appeal, exemption, judgment, committee, removal
Right to be heard is fundamental before state action affecting property rights.
The Supreme Court addressed the appeal from the High Court's order directing action based on a Committee's Report, emphasizing that the petitioners were not given an opportunity to be heard, leading to potential prejudice. The Court determined the necessity of maintaining the status-quo regarding the petitioners' constructions until further notice.
SATINDER SINGH BHASIN vs GOVERNMENT OF NCT OF DELHI
Keywords: FIRs, investigation, consolidation, application, IPC, proceedings, status, expedited, court direction, hearing
The court emphasized the need for timely judicial proceedings while addressing FIRs consolidated in prior orders concerning investigations.
The Court considered the procedural background of the case where FIRs regarding a project were clubbed as per prior order and examined the status of FIRs filed against the petitioner, noting discrepancies in registrations under different sections of IPC. Key issues included pending applications and status of proceedings, with the reasoning focusing on ensuring timely progress on stayed cases. The ...
V.BHAVANI vs GANDHI VARDHAN
Keywords: Transfer Petition, Financial Compliance, Husband's Responsibility, Wife's Expenses, Child Consideration, Presence Required, Hearing Adjourned, Future Proceedings, Assurance, Verification
The Court emphasized the necessity for compliance with financial directives in family law matters.
In the matter concerning Transfer Petition (Civil) No. 1691/2024, the Court addressed the non-compliance of the husband regarding the deposit of Rs. 25,000 directed prior for ancillary expenses of the wife. Following the discussions between the parties, the husband assured compliance within a week, with the Court determining further actions contingent on said deposit. Notably, the next hearing is ...
SEETA RAM GUPTA vs STATE OF CHHATTISGARH
Keywords: bail, Narcotics Act, FIR, law, appellant, state, trial, business, release, conditions
Court grants bail based on lack of recovery and prolonged period without arrest.
The matter pertains to the granting of regular bail under Section 20(B) of the Narcotics Drugs and Psychotropic Substances Act, 1985 concerning FIR No. 35 of 2020. The appellant, involved in the provision store business, was not previously arrested despite being mentioned in a co-accused's statement. The court found sufficient grounds for bail, concluding that the appellant deserves release pendin...
DEVKUMAR SURYAVANSHI vs STATE OF CHHATTISGARH
Keywords: bail, incarceration, cooperation, trial, conditions, judgment, disposal, directions, investigation, appeal
The Supreme Court grants bail considering the duration of incarceration and the need for cooperation during the trial.
In this matter, the Court examined the conditions for granting bail under the relevant provisions and noted that the petitioner has been incarcerated since 16.05.2025. The Court determined that the bail should be granted considering the facts presented. The key issue was whether the period of incarceration warranted release. The Court held that the petitioner shall be released on bail provided the...
B. BERNARD DOROTHY JOSAIN vs THE STATE REP. BY INSPECTOR OF POLICE (L AND O) & ANR.
Keywords: compromise, apology, dismissal, interpersonal dispute, judicial integrity, settlement, public interest, conduct, Petition, Special Leave
The court emphasized the need for genuine effort in conflict resolution between parties in interpersonal disputes, justifying dismissal when such efforts are lacking.
The Supreme Court assessed the Petition for Special Leave to Appeal concerning a dispute between colleagues, emphasizing the importance of interpersonal relationships in a work environment. The Court noted the absence of an apology from the petitioner towards the complainant, hindering potential resolution. Though the petitioner expressed willingness to compromise, the Court found this insufficien...
CITIZENS RESOURCE AND ACTION INITIATIVE (CRANTI) vs THE STATE OF GUJARAT
Keywords: special leave, counter affidavit, timeliness, relief, legal standard, justification, respondents, appellants, court order, submissions
Timeliness of submissions in special leave appeals and the necessity of adequate justification for relief.
The Court analyzed the relevant provisions pertaining to special leave appeals. The petitioner contended that the High Court's ruling contravened established legal standards. The Court determined that further examination of given facts was warranted, resulting in an order for a counter affidavit within four weeks. The issue framed was whether adequate justification was presented for relief. The Co...
GENERAL MANAGER, PRTC vs HEM RAJ & ORS.
Keywords: Special Leave Petition, Counter Affidavit, Service of Notice, Final Opportunity, Registry Processing, Non-appearance, Affidavit Delay, Procedural Compliance, Legal Representation, Hearing
The Court emphasizes procedural compliance regarding the filing of counter affidavits in appeals.
In SLP(C) Nos. 21043/2025 and 21486/2025, the Supreme Court addressed the requirement for filing counter affidavits. Despite service completion, several respondents failed to appear, leading the Court to grant a final opportunity to file necessary documents by 12.02.2026. The Court directed the registry to ensure the matter is processed for listing thereafter. The key issues involve the procedural...
JAI NARAIN VYAS UNIVERSITY JODHPUR & ANR. vs RAJESH BORANA
Keywords: Supreme Court, Special Leave, Interim Order, Hearing, Judgment, Paucity, Time Constraints, Extension, Legal Proceedings, Court Date
The court upheld interim orders pending further hearings, affirming the necessity of judicial consideration before a substantive decision.
This appeal arises from the final judgment and order dated 07-11-2023 passed by the High Court of Judicature for Rajasthan at Jodhpur in DBSAW No. 601/2023. The petitioners challenged the interim orders made due to time constraints preventing a proper hearing. The Supreme Court found it necessary to extend the interim order until the next scheduled court date of 12-03-2026. The primary question ad...
AJAY KUMAR RAI @ AJAY KUMAR vs STATE OF BIHAR
Keywords: bail, incarceration, trial, cooperation, prosecution, evidence, delay, hearing, Supreme Court, order
Bail granted due to prolonged incarceration without witness examination, emphasizing cooperation in ongoing trial.
The Supreme Court considered the Petition for Special Leave to Appeal concerning bail for the petitioner who has been incarcerated since 08.04.2024 without witness examination. The Court granted bail based on the prolonged delay in the trial process. The issues focused on the appropriateness of granting bail in light of the facts presented. The Court emphasized the necessity for the petitioner to ...
Yandra Sneha Satyanarayana vs Mataparthi Ramesh
Keywords: transfer petition, mediation, pending cases, judicial efficiency, court order, husband, wife, legal proceedings, Chandrapur, Eluru
Court discretion in transferring cases to promote judicial efficiency based on parties' pending matters.
In this case, the Supreme Court addressed the petitioner-wife's request to transfer petition H.M.O.P. No. 225 of 2023, from Eluru to Chandrapur, due to pending matters between the parties. The Court noted that mediation was unsuccessful and determined that transferring the case would serve justice. Critical aspects included the need for efficiency in legal proceedings and convenience to the involv...
M.C. SINGLA (DEAD) THR. LR. & ORS. vs UNION OF INDIA & ORS.
Keywords: pension, calculation, entitlements, employee, disbursement, regulations, appeal, compliance, documentation, court ruling
The court emphasized compliance with pension regulations and fair calculations for timely employee disbursements.
The court examined the pension entitlements of employees retiring within specified dates as per applicable regulations. The appeals concern financial calculations and compliance with statutory obligations regarding pension payments. Key questions centered on fairness in pension calculations and timely disbursement, leading to a determination in favor of the appellants regarding necessary documenta...
Dorairaj VS Doraisamy (Dead) through LRs.
Keywords: partition, joint family, alienations, necessity, self-acquisition, ancestral property, validity, burden of proof, inheritance, Will
Joint family properties must be proven through evidence of ancestral earnings; self-acquisition claims require demonstrable independent income, particularly when acquisitions occur during joint family....
(A) Hindu Minority and Guardianship Act, 1956 - Partition of joint Hindu family properties - The legal status of properties, existence of joint family, and binding nature of alienations discussed - Burden lies on assertor of self-acquisition to provide proof - Ancestral properties yielding income must exist for acquisitions to be deemed joint family properties - The courts below appropriately addr...
ABDUL SATTAR vs THE STATE OF KARNATAKA DEPARTMENT OF HOME & ANR.
Keywords: review petition, conviction, negligence, compensation, sentence commutation, equity, fine, deceased minor, death, IPC
Court exercised discretion under Article 142 for equitable relief in sentencing within IPC provisions.
The judgment examines the conviction under Sections 279, 337, 338, and 304(A) of the Indian Penal Code, which involved a negligence case resulting in the death of a minor. The Court allowed the review petition, restoring the special leave petition and reaffirming the conviction while altering sentence conditions. Key questions addressed the appropriate penalty and compensation for the deceased's f...
PON SELVARAJ & ORS. vs THE STATE OF TAMIL NADU & ORS.
Keywords: special leave, intervention, additional documents, court proceedings, procedural fairness, Petition, Madras High Court, Supreme Court, legal representation, hearing date
Procedural fairness in handling petitions for special leave to appeal emphasizes the necessity of allowing relevant materials to be presented in court.
The Supreme Court in its judgment analyzed the procedural aspects surrounding Petition(s) for Special Leave to Appeal, particularly focusing on the intervention applications and permissions to file additional documents. The court emphasized the importance of orderly process in handling such petitions. The core issues revolved around procedural fairness and the right to present relevant materials b...
THE STATE OF HIMACHAL PRADESH & ANR. vs SATISH KUMAR & ORS.
Keywords: Civil Appeal, Hearing, Adjournment, Representation, Personal Difficulty, Justice, Interest, Listing, Advocacy
Court adjourning the matter for future hearing due to Advocate's personal difficulties.
The Supreme Court conducts proceedings regarding Civil Appeal No. 10021/2025 involving the State of Himachal Pradesh (appellant) and Satish Kumar (respondent). The case is adjourned to 11.03.2026 as the Advocate General for the appellant is unable to argue due to personal difficulties. The primary issue raised relates to legal representation. Consequently, it is deemed just to continue the listing...
BOARD OF CONTROL FOR CRICKET IN INDIA vs CRICKET ASSOCIATION OF BIHAR & ORS.
Keywords: BCCI, Contempt, Proportionality, Application, Lifelong Ban, Decision, Unconditional Apology, Court Directions, Affairs, Operations
The court highlighted the doctrine of proportionality in lifting a lifetime ban on BCCI's office bearer after acceptance of an unconditional apology.
(A) The Contempt of Courts Act, 1971 - Code of Criminal Procedure, 1973 - Applications to recall punitive directions issued to BCCI office bearers for failure to meet norms set by Lodha Committee - Directions had implications of disqualifications including age and insolvency - Following a submission of unconditional apology, Court dropped proceedings for contempt and initiated ban on office bearer...
SANDEEP GUPTA vs STATE OF RAJASTHAN
Keywords: interim bail, family health, court order, judgment dismissal, temporary release, surgery, FIR, petitioner, Court, State
Interim bail granted on health grounds with specific conditions.
This judgment relates to the Petition for Special Leave to Appeal regarding interim bail for the petitioner. The court analyzed the legal implications of the dismissal order by the High Court. The court allowed interim bail for 45 days primarily due to health considerations of the petitioner's wife. The primary issue framed was the need for temporary release to attend to a family medical emergency...
KESHAV SHARMA vs POOJA SHARMA
Keywords: transfer petitions, family suit, dismissed, video conferencing, court jurisdiction, Haryana, Rajkot, Code of Civil Procedure, BNSS, interlocutory
The court dismissed transfer petitions for family and criminal cases, suggesting use of video conferencing instead.
The petitioner filed petitions under Section 25 of the Code of Civil Procedure, 1908 and Section 446 of the BNSS, 2024 seeking transfer of family and criminal cases from Rajkot to Hisar, Haryana. The court considered the grounds for transfer and ultimately dismissed the petitions, suggesting video conferencing if available. The Transfer Petitions are dismissed as per the signed order.
JITENDRA KUMAR SHARMA & ORS. vs THE STATE OF JHARKHAND & ORS.
Keywords: special leave, affidavit, withdrawal, better particulars, court proceedings, Jharkhand, appeal, interim applications, scheduled hearing, legal representation
The court allowed the state to withdraw an affidavit to file a revised one and scheduled subsequent proceedings.
The court analyzed various applications related to the special leave petitions filed for appeals arising from the Jharkhand High Court's decision. The petitioners, Jitendra Kumar Sharma & Ors., challenged the prior ruling and raised multiple interim applications. The court allowed counsel for the state to withdraw an affidavit with permission to file a better one within a designated timeframe. The...
THE STATE OF HIMACHAL PRADESH vs K. V. KRISHNA MOHAN RAO & ANR.
Keywords: Supreme Court, Himachal Pradesh, Judgment, Dismissed, Appeal, Error, High Court, Application, Ruling, Order
The appellate court upheld the High Court's decision, finding no errors in its ruling.
The Supreme Court, in reviewing the judgment of the High Court of Himachal Pradesh, found no errors in the decision of 29.11.2019, affirming the lower court’s findings. The key issues revolved around the validity of the previous judgment, which was upheld. As a result, the appeals were dismissed, and all pending applications were finalized.
PINTU NAT @ ALBELA NAT vs STATE OF BIHAR
Keywords: bail, impugned order, FIR, chargesheet, continuing detention, Court order, grant of bail, implication, co-accused, trial
Bail can be granted when chargesheet is filed and no evidence links the accused to the crime.
The appellant, aggrieved by the denial of bail by the High Court, submitted that he was not named in the FIR and had been wrongly implicated by a co-accused. The Court found no merit in continued incarceration as chargesheet was filed, allowing the appeal and granting bail without commenting on the case merits. Result: The appeal is allowed, setting aside the impugned order.
STATE OF HIMACHAL PRADESH & ORS. vs ROOP LAL
Keywords: review, petition, dismissal, Supreme Court, delay, opinion, grounds, disposed, application, jurisdiction
A review petition must present a valid case; otherwise, it will be dismissed.
The Supreme Court examines the review petition in Special Leave Petition (C) No. 1007/2024 postulating that no case for review has been established under the parameters of the applicable procedural laws. The Court finds that the order dated 18th March stands firm and clearly indicates that the application for listing in open Court is rejected. The Court dismisses the review petition from the bench...
NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE vs HARIDWAR AYURVEDA MEDICAL COLLEGE AND RESEARCH CENTER
Keywords: Civil Appeals, Writ Petitions, Expeditious Disposal, Admissions, High Court, Lawfulness, Consideration Requests, National Commission, Ayurveda Medical Colleges, Court Directive
Pending Civil Appeals do not impede the High Court's resolution of Writ Petitions regarding college admissions.
The Supreme Court reviewed the Civil Appeals involving the National Commission for Indian System of Medicine and the Haridwar Ayurveda Medical College and Research Center. The Court underlined the importance of resolving pending Writ Petitions by the High Court while considering expeditious disposal requests from the Colleges. Findings emphasized the need for appropriate lawfulness in admissions a...
V. Manoj vs State by Byadarahalli Police Station
Keywords: anticipatory bail, appeal, cooperation, investigation, IPC, Section 406, Section 420, release, conditions, High Court
Anticipatory bail can be granted if the appellant cooperates with the investigation, despite the denial by the High Court.
The appellant, V. Manoj, challenges the denial of anticipatory bail for offenses under Sections 406 and 420 of the IPC. The Court finds no grounds for custodial interrogation as the appellant has cooperated with the investigation. The appeal is allowed, and anticipatory bail is granted pending further conditions.
SANDEV MIRDHA @ SAMDEV MIRDHA vs THE STATE OF JHARKHAND
Keywords: anticipatory bail, FIR, interim relief, cooperation, investigation, Punjab, conditions, arrest, disposal, prevention of atrocities
Interim anticipatory bail granted subject to conditions of cooperation in the investigation.
The court addressed the apprehension of arrest of the petitioners due to FIR No.26/2024, concerning Penal Code and Scheduled Castes Act. It confirmed interim relief for bail, emphasizing cooperation with the investigation, and directed bail upon arrest. 'We further direct that the petitioners shall join the investigation as and when required.' The SLP is disposed of.
SAVE OLD GOA ACTION COMMITTEE vs UNION OF INDIA
Keywords: Special Leave Petition, procedural applications, timeline, submissions, final judgment, Supreme Court, Case listing, Court procedures
The Court's decision emphasizes the procedural requirements for Special Leave Petitions and the importance of timely filings.
The Supreme Court examined multiple Special Leave Petitions concerning a final judgment from the High Court of Judicature at Bombay at Goa. The Court focused on procedural applications and clarified the timeline for submissions. As procedural matters arose, the Court determined to revisit these cases in three weeks for further progress.
SAUMYA SINGH & ORS. vs VIVEK SINGH
Keywords: transfer, family court, petition, jurisdiction, compliance, counsel, appearance, allow, interlocutory, application
Court's authority to order transfer of petitions under Code of Civil Procedure.
This judgment pertains to a petition filed by the petitioner under Section 25 of the Code of Civil Procedure, 1908, for the transfer of a family court case. The court found that service on the respondent was complete, and acknowledged the absence of his appearance. The court directed the transfer of the case from the Family Court at Mau, Uttar Pradesh, to Kashipur, Udham Singh Nagar, Uttarakhand. ...
PRESIDENT NAGAR PALIKA PARISHAD vs ASHA BOHAT
Keywords: dismissal, prosecution, appeal, Supreme Court, hearing, absence, application, order, judgment, civil
The court has the authority to dismiss appeals for want of prosecution when parties fail to appear or press their cases.
The Supreme Court, in the case of Civil Appeal No. 9818 of 2011, dismissed the appeal for want of prosecution, indicating the failure of the appellants and respondents to present their arguments. The court framed the issue around the lack of appearance and dismissed the case accordingly. The final verdict was to dismiss the appeal for want of prosecution.
Reginamary Chellamani VS State Rep. by Superintendent of Customs
Keywords: Bail, Custody, Prolonged Detention, Legal Representation, Trial Court, Narcotic Drugs, Customs Act, Accused Rights, Procedural Compliance, Appeal Allowed
Right to legal aid – It is incumbent upon Trial Courts dealing with criminal proceedings, to inform accused of their right to legal representation and their entitlement to be represented by legal aid ....
(A) Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37 – Criminal Procedure Code, 1973 – Section 439[Section 483 of BNSS] – Denial of regular bail – Case registered for offences punishable under Section 8(c) read with Sections 20(b)(ii)(C), 22(c), 23, 28 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 read with Section 135 of Customs Act, 1962 – Amount of contraband s...
State of West Bengal VS Confederation of State Government Employees, West Bengal
Keywords: Dearness Allowance, Article 21, human dignity, financial incapacity, State obligations, economic justice, welfare state, judicial review, AICPI, mandatory payment
The court affirmed that the right to receive Dearness Allowance is legally enforceable under Article 21, linking it to human dignity, and rejected the State's financial incapacity as a valid defense a....
(A) Constitution of India, Article 21; Directive Principles of State Policy, Articles 38, 39, 43 - Dearness Allowance (DA) as a right - The right to receive DA has been declared a legally enforceable right by High Court, affirming its link to human dignity under Article 21, as it is a crucial aspect of maintaining a minimum standard of living - The appellant State's assertion of financial incapaci...
Pramod Kumar Navratna VS State Of Chhattisgarh
Keywords: rape, consent, false promise, marriage, criminal proceedings, marital discord, relationship, quash FIR, legal status, misuse of law
(1) Rape – Sexual intercourse on false promise of marriage – Mere fact that parties indulged in physical relations pursuant to a promise to marry will not amount to rape in every case.
(2) Rape – O....
(A) Indian Penal Code, 1860 – Section 376(2)(n) – Constitution of India – Article 226 – Rape – Sexual intercourse on false promise of marriage – Refusal to quash proceedings – Mere fact that parties indulged in physical relations pursuant to a promise to marry will not amount to rape in every case – Offence under Section 375 of IPC could only be made out, if promise of marriage was made by accused...
Shashin Patel VS Uday Dalal
Keywords: membership, cooperative society, tenancy, contribution, ratification, rights, dispute, jurisdiction, appeal, resolution
Membership entitlements under cooperative society laws can be upheld even with delayed contributions if ratified by the society's governing body and presence of equitable factors.
(A) Maharashtra Co-operative Societies Act, 1960 - Section 154 - Membership of Cooperative Society - The court addressed the issue of entitlement to membership based on payment of contribution and occupation rights - The original tenant's refusal to contribute was contested by successors, asserting willingness to pay - The General Body ratified their membership in a subsequent AGM. (Paras 11, 15, ...
SADHVI LAXMI DAS vs STATE OF MP & ANR.
Keywords: bail, incarceration, appellant, chargesheet, Supreme Court, Indian Penal Code, Information Technology Act, gender consideration, case law, legal order
Bail was granted considering the appellant's prolonged incarceration and the submission of the chargesheet.
The Supreme Court of India examined the appeal concerning the appellant's incarceration in light of FIR No.603/2024 for offenses under various sections of the IPC and the Information Technology Act. The court considered the appellant's prolonged custodial period exceeding six months and the filing of the chargesheet. The court decided to set aside the lower court's order, granting bail to the appe...
RAJESH TANDI vs STATE OF CHHATTISGARH
Keywords: interim bail, medical grounds, serious illness, health treatment, Perianal Abscess, Fournier Gangrene, six months, conditions, disposal, court order
Interim bail granted based on health grounds highlighted by medical evidence, acknowledging the necessity for treatment.
In a Petition for Special Leave to Appeal, the Supreme Court addressed an interim bail application of the petitioner suffering from serious health issues. The petition succeeded with the Court acknowledging medical evidence of treatment required for Perianal Abscess and Fournier Gangrene. The Court determined that the petitioner should be granted interim bail for six months under stipulated condit...
ANCY ELIZABETH KOSHY vs ANEESH KATYAL
Keywords: stay, mediation, allegations, criminal proceedings, family law, transfer, Protection of Children from Sexual Offences Act, interim report, retaliatory actions, dispute resolution
Court may stay proceedings when allegations appear retaliatory to earlier orders.
The Supreme Court addressed the allegations made under the Protection of Children from Sexual Offences Act, 2012, observing that they appeared far-fetched and potentially retaliatory due to prior orders. It ruled to stay criminal proceedings against the petitioner's parents and suggested mediation. The court emphasized the importance of resolving this matter amicably and stipulated stay of all int...
THE STATE OF GUJARAT & ORS. vs SHREE YOGKSHEM FNDN. FOR HUMAN DIGNITY
Keywords: Supreme Court, special leave, jurisdiction, extraordinary, judicial errors, legal questions, grave injustice, procedural requirements, intervention applications, High Court
The Supreme Court will exercise its extraordinary jurisdiction under Article 136 sparingly, only in cases where significant legal issues or grave injustices warrant intervention.
(A) Constitution of India - Article 136 - Special Leave Petition against an order passed by the High Court - Court emphasized the importance of extraordinary jurisdiction under Article 136 and reiterated that such petitions should only be entertained in exceptional cases. (Para 1) (B) Jurisdiction of Supreme Court - The Supreme Court's role in matters arising from High Court decisions is to ensure...
MANISH JOGI vs STATE OF RAJASTHAN & ANR.
Keywords: interim bail, sale deed, cancellation, refund, conditions, negotiation, undertaking, court order, re-listing, legal proposal
Interim bail granted for negotiation on sale deed cancellation; conditions imposed.
In terms of interim relief, the court considered the proposal of the petitioner to cancel the sale deed in exchange for a refund of payments and agreed to grant interim bail for one month subject to conditions. The court emphasized the necessity of an undertaking regarding the producer for the cancellation deed by the petitioner while allowing him to negotiate with the second respondent. Re-listin...
ARUN KUMAR DEVNATH SINGH vs THE STATE OF MAHARASHTRA
Keywords: bail, appellant, respondent, principle of parity, cooperation, trial, conditions, serious offences, liberty, misuse
The principle of parity in granting bail applies when similar offenses are involved.
The Court reviewed previously granted bail orders, determining that the principle of parity applies to similar cases. The Court allowed bail for the appellant based on previous determinations, requiring cooperation in trial and adherence to specified conditions to prevent misuse of liberty. The appeal is allowed, leading to direct release on bail under stated conditions.
M/S INDIAN RAILWAYS CATERING AND TOURISM CORPORATION LTD. vs GOVERNMENT OF NCT OF DELHI & ORS.
Keywords: impleadment, Supreme Court, applications, hearing, orders, position, representations, counsel, further proceedings, SLP
The court provides for the consideration of impleadment applications while retaining the matter for further proceedings.
The judgment concerns the applications for impleadment in SLP(C) No. 12355-12380/2012. The court found that the matter would retain its position for a later date. The applications sought to review the proceedings and order. The court framed the issues relating to representation before proceeding further.
U. P. Junior High School Council Instructor Welfare Association VS State of Uttar Pradesh
(1) Part-time contractual instructors/teachers appointed by State Government under the Scheme are in no way inferior to regular teachers or Assistant Teachers appointed otherwise under the scheme.
....
(A) Right of Children to Free and Compulsory Education Act, 2009 – Section 7 – Constitution of India – Article 21-A – Payment of honorarium to part-time contractual instructors/teachers of Upper Primary Schools in State of Uttar Pradesh – All instructors/teachers possessed minimum qualifications and fulfilled eligibility conditions for appointment as part-time contractual instructors/teachers – Th...
Mohtashem Billah Malik VS Sana Aftab
Custody of minor children – In matters of custody, paramount consideration is welfare of children but there are a host of other factors which weigh before court while passing final order of custody.
Guardians and Wards Act, 1890 – Section 25 – Custody of minor children – In matters of custody, paramount consideration is welfare of children but there are a host of other factors which weigh before court while passing final order of custody – These host of factors may include conduct of parties, their financial capacity, their standard of living, as well as comfort and education of children – Re...
SMT. GOHAR SULTAN vs SHEIKH ANIS AHMAD & ANR.
Keywords: Muslim Personal Law, compliance, legal proceedings, implead, affidavit, court order, notification, Uttar Pradesh, hearing, status
Compliance with the Muslim Personal Law Shariyat Application Act is essential for legal proceedings.
The Muslim Personal Law Shariyat Application Act, 1937 mandates compliance with its provisions, specifically Section 4. The court noted that the State of Uttar Pradesh has not complied with the act, leading to a decision to implead the Union of India and the State as respondents.
Pramod Kumar VS State of U. P.
Further investigation – Police ought to follow procedure of seeking permission from Court to conduct “further investigation” and file supplementary chargesheet – Power to direct further investigation ....
Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 193(3) [Corresponding to Section 173(8) of Criminal Procedure Code, 1973] – Indian Penal Code, 1860 – Sections 376D, 352, 504 and 506 – Further investigation – Police ought to follow procedure of seeking permission from Court to conduct “further investigation” and file supplementary chargesheet – Practice of seeking leave of Court will have to be ...
Rupesh Kumar Meena VS Union Of India
Cadre – Scope of change – Finality has to be attached to process of selection.
Service Law – Cadre – Scope of change – Appellant is already in service in Tamil Nadu for more than two decades – During interregnum, there have been more than 20 selections as Combined Civil Services Examination is an annual process as effort is always to fill up all vacancies – It is not a case where allegation of appellant is regarding any illegality committed by Ministry of Home Affairs in all...
Vinit Bahri VS MGF Developers Ltd.
Consumer complaint – Commercial purpose – Mere act of purchasing immovable property, even multiple units, cannot ipso facto attract exclusion clause of Section 2(1)(d) of 1986 Act unless and until it ....
Consumer Protection Act, 1986 – Section 2(1)(d) – Consumer complaint – Commercial purpose – Flat Buyer’s Agreement – Deficiency in service and unfair trade practice – Onus of proving that appellants fall within exclusion clause of Section 2(1)(d) of 1986 Act rests upon respondents, and respondents have failed to discharge this onus on a preponderance of probabilities – Determinative question is wh...
Prantik Kumar VS State of Jharkhand
Bail/Anticipatory bail – Grant of regular bail or anticipatory bail should not be subject to deposit of any amount.
Criminal Procedure Code, 1973 – Section 438 [Section 482 of BNSS] – Anticipatory bail – Denial – FIR registered for offences punishable under Sections 406, 420, 504, 506, 120B read with Section 34 of Indian Penal Code, 1860 – Grant of regular bail or anticipatory bail should not be subject to deposit of any amount – If a case for grant of bail or anticipatory bail is made out, then Court should pr...
P. Suresh VS D. Kalaivani
Keywords: supervisory powers, Article 227, Civil Procedure Code, striking off plaint, specific remedy, judicial discipline, fraudulent suit, plaint enforcement, appeal, remedy
High Courts should not exercise supervisory powers under Article 227 when specific remedies under the Civil Procedure Code are available, ensuring legislative intent is upheld and judicial discipline ....
(A) Constitution of India - Article 227 - Civil Procedure Code, 1908 - Powers of High Court - The case addresses whether the High Court can exercise powers under Article 227 to strike off a plaint when a specific remedy under Order VII Rule 11 CPC is available - High Court struck off the plaint declaring it fraudulent based on defendant's assertions, despite the plaint being challenged - Court hel...
C. VELUSAMY vs K INDHERA
Keywords: Arbitration, Mandate Extension, Court's Authority, Post-Award, Judicial Discretion, Legislative Intent, Ineffective Award, Procedural Integrity, Statutory Timeline, Arbitrator's Role
The court can extend the mandate of arbitrators under Section 29A(5) after an award is rendered, even if done post statutory timeline, reinforcing the integrity of the arbitration process.
(A) Arbitration and Conciliation Act, 1996 - Section 29A(5) - Extension of mandate - Court may extend the mandate of arbitrators post-award even after the statutory timeline of 18 months has expired - Court's role balances ensuring remedy through arbitration while maintaining integrity in proceedings. (Paras 1, 11-12) (B) Judicial discretion - The Court's power to extend time for making the award ...
C. Velusamy VS K. Indhera
(1) Extension of mandate of Arbitrator(s) – Application under Section 29A(5) for extension of mandate of Arbitrator is maintainable even after expiry of time under Sections 29A(1) and (3) and even aft....
(A) Arbitration and Conciliation Act, 1996 – Section 29A(5) – Extension of mandate of Arbitrator(s) – Application under Section 29A(5) for extension of mandate of Arbitrator is maintainable even after expiry of time under Sections 29A(1) and (3) and even after rendering of award during that time – Such award is ineffective and unenforceable – But power of court to consider extension is not impaire...
Sandeep Singh Bora VS Narendra Singh Deopa
Election process cannot be lightly interdicted or stalled at behest of an individual grievance – Existence of a law made by State Legislature is a condition precedent for operation of embargo contempl....
(A) Constitution of India – Articles 243-O and 226 – Election process – Scope of interference – Election process cannot be lightly interdicted or stalled at behest of an individual grievance – Right to contest or question an election being statutory in nature, must be strictly construed and exercised in accordance with statute governing field – High Court must eschew grant of liberal interim relie...
Rajia Begum VS Barnali Mukherjee
Appointment of Arbitrator – When existence of arbitration agreement itself is in serious dispute and requires adjudication, appointment of Arbitrator would be premature and legally impermissible.
Arbitration and Conciliation Act, 1996 – Section 11 – Constitution of India – Article 227 – Appointment of Arbitrator – When allegation of fraud is made with regard to arbitration agreement itself, such a dispute is generally recognised as a dispute, which is in realm of non- arbitrability and court will examine it, as a jurisdictional issue only to enquire whether dispute has become non-arbitrabl...
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