https://sclaw.in/2026/06/16/civil-procedure-code-1908-cpc-section-11-explanation-iv-constructive-res-judicata-application-of-the-principle-depends-on-the-facts-and-circumstances-of-each-case-co/ 2026-06-16T07:49:14Z Supreme Court of India Judgements en Civil Procedure Code, 1908 (CPC) — Section 11, Explanation IV — Constructive Res Judicata — Application of the principle depends on the facts and circumstances of each case, considering the ambit of earlier proceedings and the nexus of the matter to the controversy — It is founded on public policy to prevent multiplicity of proceedings and avoid parties being vexed twice over for the same litigation — Parties are expected to exercise reasonable diligence and bring forward every point that properly belonged to the subject of litigation and which they might and ought to have brought forward — Negligence, inadvertence, or accident in omitting a part of the case does not exempt from its application. 2026-06-16T07:49:14Z Blog https://sclaw.in/2026/06/16/motor-vehicles-act-1988-section-165-and-166-liability-for-injuries-sustained-due-to-falling-tree-branch-injuries-caused-by-falling-tree-branch-while-vehicle-was-stationa/ 2026-06-16T07:45:57Z Supreme Court of India Judgements en Motor Vehicles Act, 1988 — Section 165 and 166 — Liability for injuries sustained due to falling tree branch — Injuries caused by falling tree branch while vehicle was stationary under the tree during rain — Held, not an accident "arising out of the use of a motor vehicle" as the motor vehicle did not play an active role. [ 2026-06-16T07:45:57Z Blog https://sclaw.in/2026/06/16/protection-of-children-from-sexual-offences-act-2012-pocso-act-sections-24-335-36-39-child-sensitive-judicial-processes-mandatory-safeguards-for-child-victims/ 2026-06-16T07:41:19Z Supreme Court of India Judgements en Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Sections 24, 33(5), 36, 39 — Child-sensitive judicial processes — Mandatory safeguards for child victims — Courts must ensure child-friendly procedures, minimum intrusion, and psychological safety, avoiding re-traumatisation and secondary victimisation in all proceedings concerning children, especially those involving allegations of sexual abuse. 2026-06-16T07:41:19Z Blog https://sclaw.in/2026/06/16/disciplinary-proceedings-dismissal-from-service-competence-of-authority-employee-appointed-by-superintending-engineer-dismissed-by-executive-engineer-dismissal/ 2026-06-16T07:36:13Z Supreme Court of India Judgements en Disciplinary proceedings — Dismissal from service — Competence of authority — Employee appointed by Superintending Engineer, dismissed by Executive Engineer — Dismissal order held valid as Executive Engineer was competent under MSEDCL Service Regulations to punish an employee of Appellant's pay grade — Article 311 of Constitution not applicable as Appellant did not hold a civil post under Union or State. 2026-06-16T07:36:13Z Blog https://sclaw.in/2026/06/16/service-law-compassionate-appointment-nature-not-a-vested-right-compassionate-appointment-is-not-a-condition-of-service-it-is-a-humane-response-to-sudden-finan/ 2026-06-16T07:33:38Z Supreme Court of India Judgements en Service Law — Compassionate appointment — Nature — Not a vested right — Compassionate appointment is not a condition of service; it is a humane response to sudden financial destitution caused by death-in-harness of the breadwinner — Claim is subject to fulfilment of all eligibility requirements under the applicable rules — However, the same principle that binds the claimant equally binds the State: refusal or deferment of a claim must be grounded in a provision actually applicable to the form of relief claimed, tested on the anvil of Art. 14. 2026-06-16T07:33:38Z Blog https://sclaw.in/2026/06/16/service-law-public-employment-recruitment-mandatory-rule-non-compliance-whether-fatal-rule-3-of-service-rules-2003-presence-and-c/ 2026-06-16T07:30:53Z Supreme Court of India Judgements en Service Law — Public employment — Recruitment — Mandatory rule — Non-compliance — Whether fatal — Rule 3 of Service Rules, 2003 — Presence and concurrence of departmental supervisory officials at appointment meeting — Role of such officials is supervisory and meant to cross-check compliance with recruitment norms, not to confer eligibility on candidates — Their absence at third (appointment) stage of recruitment does not invalidate entire process where first two stages (advertisement and interview) are free from any fundamental defect — Infraction of Rule 3 is a curable irregularity, not a substantive illegality going to root of appointment. 2026-06-16T07:30:53Z Blog https://sclaw.in/2026/06/16/constitution-of-india-1950-arts-32-and-329b-representation-of-the-people-act-1951-s-100-writ-petition-challenging-order-of-returning-officer-rejecting-nom/ 2026-06-16T07:24:05Z Supreme Court of India Judgements en Constitution of India, 1950 — Arts. 32 and 329(b) — Representation of the People Act, 1951 — S. 100 — Writ petition challenging order of Returning Officer rejecting nomination paper for Rajya Sabha election — Maintainability — Held, not maintainable — Bar contained in Art. 329(b) is absolute and excludes jurisdiction of this Court under Art. 32 (and of the High Court under Art. 226) in respect of all matters connected with conduct of an election, including the scrutiny and rejection of nomination papers — Only remedy available to a candidate aggrieved by rejection of his/her nomination is to file an election petition after conclusion of the election, in the manner provided under the Representation of the People Act, 1951 — Plea of petitioner that she did not seek to obstruct the election but only its fair and transparent completion does not take the case outside the bar of Art. 329(b) — Writ petition accordingly dismissed. 2026-06-16T07:24:05Z Blog