Supreme Court of India Judgements

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Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1. Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration. Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content. Legal Profession — Autonomy and Independence — Administration of Justice — Role of Lawyers — Article 19(1)(g) of the Constitution of India — Impact of direct summons to defence counsel by Investigating Agencies on the autonomy of the legal profession and the independence of the administration of justice — Need for judicial oversight.
POCSO

Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus

Jun 29, 2025 sclaw
Joint Family Property Will & Succession

Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.

Jun 28, 2025 sclaw
Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus
POCSO
Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus
Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.
Joint Family Property Will & Succession
Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.
Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration.
Anticipatory Bail Cr P C
Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration.
Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content.
Cr P C
Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content.
Land Acquisition

Land Acquisition Act, 1894 has been incorporated into the Bangalore Development Authority Act, 1976 -HELD High Court erred in holding that in view of the repeal of LA Act by coming into force of 2013 Act, the corresponding provisions of 2013 Act would regulate acquisition proceedings under the BDA Act and that this would include determination of compensation in accordance with 2013 Act

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BANGALORE DEVELOPMENT AUTHORITY AND ANOTHER — Appellant Vs. THE STATE OF KARNATAKA AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Sanjiv…

Service Matters
Service

Punjab Police Rules, 1934 – Rules 13.7, 13.7(9) and 13.7(14) – Promotion – Head Constable to Superintendent of Police (SP) – Quota of outstanding performance – Held, Recommendation of Departmental Promotion Committee (CDP) headed by the SP is final and that the IG has no power to review or substitute the decision is misconceived –

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUSHIL KUMAR — Appellant Vs. THE STATE OF HARYANA AND OTHERS — Respondent ( Before : K.M. Joseph and Pamidighantam Sri Narasimha, JJ. )…

Service Matters
Service

Dismissal from service – Fraud and manipulating of signatures of complainant -Respondent was a clerk-cum-cashier. It is a post of confidence. The respondent breached that confidence – In fact, the respondent breached the trust of a widowed sister-in-law as well as of the bank, making it hardly a case for interference either on law or on moral grounds – Conduct established of the respondent did not entitle him to continue in service.

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INDIAN OVERSEAS BANK AND OTHERS — Appellant Vs. OM PRAKASH LAL SRIVASTAVA — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ.…

Corporate

Competition Act, 2002 – Sections 2(u) 3 and 4 read with Section 19(1)(a) – Complaint – Lottery business can continue to be regulated by the Regulation Act – If in the tendering process there is an element of anti-competition which would require investigation by the CCI, that cannot be prevented under the pretext of the lottery business being res extra commercium, more so when the State Government decides to deal in lotteries.

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMPETITION COMMISSION OF INDIA — Appellant Vs. STATE OF MIZORAM AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ.…

Corporate

Trade Marks Act, 1999 – 29 and 30 – Infringement of the trade mark – Permanent injunction – When the trade mark of the defendant is identical with the registered trade mark of the plaintiff and that the goods or services of the defendant are identical with the goods or services covered by registered trade mark, the Court shall presume that it is likely to cause confusion on the part of the public

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH RENAISSANCE HOTEL HOLDINGS INC. — Appellant Vs. B. VIJAYA SAI AND OTHERS — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V.…

I P C

Insulting or Abusing SC-ST Person – Quantum of sentence – Appellant and his family members were insisting that the de facto complainant should vacate the shop in her possession – Reason for the incident appears to be the dispute over the said shop -Considering these facts and the fact that the appellant has already undergone a sentence for more than 9 months, this is a fit case where the substantive sentence should be reduced to rigorous imprisonment for 1 year – Appeal allowed.

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VETRIVEL — Appellant Vs. STATE REPRESENTED BY ITS DEPUTY SUPERINTENDENT OF POLICE AND ANOTHER — Respondent ( Before : Ajay Rastogi and Abhay S.…

Service Matters
Service

Held, When it is found that there was no fault on the part of the respondent No.4 when he was appointed in the year 2018 and thereafter, he has been continued in service since last three years, to disturb him at this stage, would not be justifiable – In exercise of the powers under Article 142 of the Constitution of India, to do the substantial justice, direct that while appointing the appellant as per the present order on the post of Assistant Professor (History), the respondent No.4 may not be disturbed and direct the State Government to continue the respondent No.4 and he be accommodated on any other vacant post of Assistant Professor (History).

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NARENDER SINGH — Appellant Vs. THE STATE OF HARYANA AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Civil…

Bail Declined

If bail is granted in a casual manner, the prosecution or the informant has a right to assail the order before a higher forum. Propensity of accused tampering with the evidence and influencing the witnesses is an important factor to be borne in mind in such cases – High Court was not right in allowing the applications for bail filed by the accused – Appeal allowed.

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAIBUNISHA — Appellant Vs. MEHARBAN AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal No. 76 of…

Cr P C

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(x) and 3(1)(xi) – Appeal against acquittal – Being the first appellate court, the High Court was required to re­appreciate the entire evidence on record and also the reasoning given by the learned Trial Court – It is well­ settled that the court of appeal has as wide powers of appreciation of evidence in an appeal against an order of acquittal. Remanded

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GEETA DEVI — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal…

You missed

POCSO

Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus

Jun 29, 2025 sclaw
Joint Family Property Will & Succession

Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.

Jun 28, 2025 sclaw
Anticipatory Bail Cr P C

Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration.

Jun 28, 2025 sclaw
Cr P C

Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content.

Jun 28, 2025 sclaw