Penal Code, 1860 — Section 376 — Rape — Consent — Misconception of Fact — Promise to Marry — Consent to sexual intercourse given by a mature individual, fully aware from the outset that the promisor is already married (though separated), cannot be deemed to be vitiated by a “misconception of fact” under Section 375 IPC merely based on a promise to marry after obtaining a divorce
2025 INSC 458 SUPREME COURT OF INDIA DIVISION BENCH BISWAJYOTI CHATTERJEE Vs. STATE OF WEST BENGAL AND ANOTHER ( Before : B. V. Nagarathna and Satish Chandra Sharma, JJ. )…
Registration Act, 1908 — Tamil Nadu Registration Rules — Rule 55A(i) — Validity — Ultra Vires — Rule 55A(i) of the Tamil Nadu Registration Rules, which empowers a registering officer to refuse registration of a document relating to immovable property unless the presentant produces the previous original title deed of the executant or other specified proof of the executant’s right/title, is declared ultra vires the Registration Act, 1908
2025 INSC 462 SUPREME COURT OF INDIA DIVISION BENCH K. GOPI Vs. THE SUB-REGISTRAR AND OTHERS ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. ) Civil Appeal No.…
Motor Vehicles Act, 1988 — Claim Petitions — Standard of Proof — In motor accident claim proceedings, the standard of proof required to establish the involvement of a vehicle and negligence is based on the preponderance of probabilities, not proof beyond a reasonable doubt as required in criminal cases
2025 INSC 452 SUPREME COURT OF INDIA DIVISION BENCH KUNCHAM LAVANYA AND OTHERS Vs. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. AND ANOTHER ( Before : Sudhanshu Dhulia and Ahsanuddin Amanullah,…
Consumer Protection Act, 1986 — Pleading and Evidence — Rejoinder — A respondent/complainant cannot introduce new factual evidence, such as a surveyor’s report assessing quantum of loss, for the first time in a rejoinder
SUPREME COURT OF INDIA DIVISION BENCH UNITED INDIA INSURANCE CO. LTD. AND ANOTHER Vs. M/S. PARK LEATHER INDUSTRIES LTD. ( Before : Sanjay Kumar and Augustine George Masih, JJ. )…
Insurance Law — Condition Precedent — Absurd Consequences — A term in an insurance policy will not be construed as a condition precedent to liability if doing so leads to absurd results, rendering the insurance cover ineffective under foreseeable circumstances (requiring voyage completion before monsoon, which might be prevented by an insured peril itself) — Such conditions may be disregarded if they vitiate the fundamental purpose of the insurance contract
2025 INSC 453 SUPREME COURT OF INDIA DIVISION BENCH SOHOM SHIPPING PVT. LTD. Vs. M/S. THE NEW INDIA ASSURANCE CO. LTD. AND ANOTHER ( Before : B. V. Nagarathna and…
Res Judicata / Constructive Res Judicata — Applicability to SEBI Proceedings — The principles of res judicata and constructive res judicata, based on public policy ensuring finality, apply to proceedings before the Securities and Exchange Board of India (SEBI) and its Whole-Time Members (WTMs)
SUPREME COURT OF INDIA DIVISION BENCH SECURITIES AND EXCHANGE BOARD OF INDIA Vs. RAM KISHORI GUPTA AND ANOTHER ( Before : Sanjay Kumar and K.V. Viswanathan, JJ. ) Civil Appeal…
Rejoinder — A respondent/complainant cannot introduce new factual evidence, such as a surveyor’s report assessing quantum of loss, for the first time in a rejoinder and expect the opposing party (appellant/opposite party) to have denied it in their earlier written statement/reply
SUPREME COURT OF INDIA DIVISION BENCH UNITED INDIA INSURANCE CO. LTD. AND ANOTHER Vs. M/S. PARK LEATHER INDUSTRIES LTD. ( Before : Sanjay Kumar and Augustine George Masih, JJ. )…
Financial assistance equivalent to ‘pay/allowances’ under Haryana Compassionate Assistance Rules must be deducted from MV Act compensation for loss of income to prevent double recovery.
2025 INSC 469 SUPREME COURT OF INDIA DIVISION BENCH NEW INDIA ASSURANCE CO. LTD. Vs. SMT. SUNITA SHARMA AND OTHERS ( Before : Sudhanshu Dhulia and K. Vinod Chandran, JJ.…
An exclusive jurisdiction clause in a private employment contract, designating a competent court, is valid and enforceable, ousting jurisdiction of other courts, despite potential unequal bargaining power.
2025 INSC 473 SUPREME COURT OF INDIA DIVISION BENCH RAKESH KUMAR VERMA Vs. HDFC BANK LTD. ( Before : Dipankar Datta and Manmohan, JJ. ) Civil Appeal No. 2282 of…
An Additional Collector empowered under the M.P. Land Revenue Code can validly permit tribal land transfer under S.165(6)(ii) (outside notified areas) after due consideration, rendering subsequent suo motu revision setting aside such permission erroneous.
2025 INSC 470 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MADHYA PRADESH Vs. DINESH KUMAR AND OTHERS ( Before : Sudhanshu Dhulia and K. Vinod Chandran, JJ. )…