Month: October 2025

Transfer of Property Act, 1882 — Sections 54, 55 — Agreement to Sell vs. Sale Deed — An agreement to sell by itself does not create any interest or charge on the property. Ownership passes only upon execution of a conveyance (sale deed). An agreement to sell, even with possession, is not a conveyance and does not confer title or transfer interest, except for the limited right under Section 53-A for protection against the transferor.

2025 INSC 1245 SUPREME COURT OF INDIA DIVISION BENCH ZOHARBEE AND ANOTHER Vs. IMAM KHAN (D) THR. LRS. AND OTHERS ( Before : Sanjay Karol and Prashant Kumar Mishra, JJ.…

Criminal Procedure Code, 1973 (CrPC) — Suspension of Sentence — Bail Pending Appeal — Appellant incarcerated for over seven and a half years, appeal pending before High Court for years — Sufficient grounds exist for suspension of sentence and release on bail during appeal pendency — Order of High Court declining to suspend sentence set aside

SUPREME COURT OF INDIA DIVISION BENCH MUNCHUN KHAN Vs. THE STATE OF BIHAR ( Before : Dipankar Datta and Augustine George Masih, JJ. ) Criminal Appeal No….of 2025 [Arising out…

Bharatiya Nyaya Sanhita, 2023 — Sections 298, 299, 296, 115(2), 351(2) & Chhattisgarh Religion Act, 1968 — Section 4 — Bail in anticipation of arrest — Appellant joined investigation as directed by the court — High Court rejected bail application — Supreme Court considered materials on record and found appeal deserving acceptance — Appellant admitted to bail in anticipation of arrest.

SUPREME COURT OF INDIA DIVISION BENCH RAJESH SHARMA Vs. THE STATE OF CHHATTISGARH ( Before : Dipankar Datta and Augustine George Masih, JJ. ) Criminal Appeal No.4561/2025 [Arising out of…

Penal Code, 1860 (IPC) — Sections 394, 395, and 397 — Robbery and Attempt to Commit Robbery — Conviction and Sentencing — Appeal for suspension of sentence and bail — Appellants convicted by Trial Court for offences under Sections 394, 395, and 397 IPC. High Court confirmed conviction under Section 397 IPC and modified sentence to 8 years rigorous imprisonment, while holding no separate conviction for Sections 394 and 395 IPC.

SUPREME COURT OF INDIA DIVISION BENCH MUKESH KUMAR MEHTA @ MITHILESH KUMAR MEHTA AND OTHERS Vs. THE STATE OF JHARKHAND ( Before : M.M. Sundresh and Vipul M. Pancholi, JJ.…

Transgender Persons (Protection of Rights) Act, 2019 and Rules, 2020 — Implementation — Lethargy, apathy, inaction on part of Union and States — Non-state establishments also in cold freeze of compliance — Serious concern — Community faces discrimination, marginalization, scarcity of healthcare, economic opportunities, non-inclusive education policies — Despite recognition of rights in statutes, reality is empty formality — Union and States need to do more to translate rights into reality.

2025 INSC 1248 SUPREME COURT OF INDIA DIVISION BENCH JANE KAUSHIK Vs. UNION OF INDIA AND OTHERS ( Before : J.B. Pardiwala and R. Mahadevan, JJ. ) Writ Petition (Civil)…

Penal Code, 1860 — Section 302 read with Section 34 — Murder — Appeal against conviction — Appellants convicted by trial court and conviction upheld by High Court — Supreme Court re-appreciated evidence — Prosecution relied on two alleged eyewitnesses — One eyewitness, Puniya (PW-12), gave a version contradictory to FIR regarding genesis and place of occurrence; failed to assist victim; his presence at scene doubted — Declared “wholly unreliable witness” — Second eyewitness, Madho Singh (PW-5), also gave a version contradicting FIR and documentary evidence regarding genesis and place of occurrence; proximity to scene doubted due to uninjured state during assault; political rivalry admitted — Found to be “partially reliable witness” requiring corroboration — Prosecution failed to provide independent corroborative evidence — Trial court acquitted six co-accused on similar evidence, which was not challenged — Supreme Court held the testimony of both eyewitnesses to be full of contradictions and inherent improbabilities, making it unsafe to uphold conviction — Prosecution failed to establish genesis and place of incident with certainty — Conviction set aside, accused acquitted.

2025 INSC 1246 SUPREME COURT OF INDIA DIVISION BENCH KANNAIYA Vs. STATE OF MADHYA PRADESH ( Before : Sanjay Karol and Sandeep Mehta, JJ. ) Criminal Appeal No. 116 of…

Penal Code, 1860 — Section 304 Part-II — Culpable homicide not amounting to murder — Sentence — Appeal against High Court’s reduction of sentence from 10 years to 8 years rigorous imprisonment — Appellant was 20 years old at the time of the incident — Victim was an innocent intervenor — Supreme Court held that the sentence imposed by the High Court was balanced and principled and did not warrant interference, emphasizing the need to maintain public confidence in the justice system and avoid excessive leniency.

2025 INSC 1250 SUPREME COURT OF INDIA DIVISION BENCH KOTRESH @ KOTRAPPA Vs. STATE OF KARNATAKA AND ANOTHER ( Before : Dipankar Datta and Augustine George Masih, JJ. ) Criminal…

. Income Tax Act, 1961 — Section 37(1) and Section 71 — Business Expenditure — Carrying on Business — A temporary lull in business or failure to secure a new contract does not amount to cessation of business if the assessee’s conduct evinces an intention to continue business, such as through continuous correspondence and bidding for new contracts.

2025 INSC 1247 SUPREME COURT OF INDIA DIVISION BENCH PRIDE FORAMER S.A. @ HASH COMMISSIONER OF INCOME TAX AND ANOTHER ( Before : Manoj Misra and Joymalya Bagchi, JJ. )…

Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 — Section 4 (unamended) — Person competent to lodge FIR — Essential Nature — Prohibition Act is a special legislation and its procedure must be followed, overriding general CrPC provisions for FIR registration by police — Prior to 2024 Amendment, Section 4 restricted FIR lodging to aggrieved persons or their relatives by blood, marriage, or adoption — This restriction is not a mere procedural nicety but a deliberate legislative choice to protect individual autonomy and prevent frivolous litigation in matters of personal religious faith — FIR lodged by complainant not falling within these categories is ab initio void and liable for quashing.

2025 INSC 1249 SUPREME COURT OF INDIA DIVISION BENCH RAJENDRA BIHARI LAL AND ANOTHER Vs. STATE OF UTTAR PRADESH AND OTHERS ( Before : J.B. Pardiwala and Manoj Misra, JJ.…

Service Matters

Service Law — Retirement Age — Parity — Doctors practising allopathy versus indigenous medicine (Ayurveda, Homeopathy, Unani etc.) — Whether can be treated equally for service conditions, specifically retirement age and pay scales — Supreme Court refers the matter to a larger Bench for an authoritative pronouncement due to divergence of opinion and ambiguity.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF RAJASTHAN AND OTHERS Vs. ANISUR RAHMAN ( Before : B. R. Gavai, CJI. and K. Vinod Chandran, J. ) Special Leave Petition…

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