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.
Corporate

Companies Act, 2013 – Sections 243, 237(b), 433, 433(a), 433(g), 433(h), 433(i) and 439(1)(f) – Winding up – If the conduct of the affairs of the company in a fraudulent manner is a continuing process, the right to apply winding up becomes recurring: – Main departure of the 2013 Act from the statutory regime of the 1956 Act, is the specific inclusion of fraud, directly as one of the circumstances in which a company could be wound up –

Jan 19, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DEVAS MULTIMEDIA PRIVATE LIMITED — Appellant Vs. ANTRIX CORPORATION LIMITED AND ANOTHER — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. )…

Constitution

Hon’ble Prime Minister Shri Narendra Modi Security Case – Security lapse – Questions cannot be left to be resolved through one­sided enquiries – A judicially trained independent mind, duly assisted by officers who are well acquainted with the security considerations and the Registrar General of the High Court who has seized the record pursuant to earlier order, would be best placed

Jan 19, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH LAWYERS VOICE — Appellant Vs. THE STATE OF PUNJAB AND OTHERS — Respondent ( Before : N.V. Ramana, CJI, Surya Kant and Hima Kohli,…

SARFAESI

Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 – Sections 13(4) and 17 – Writ petitions against the notice under Section 13(4) of the SARFAESI Act was not required to be entertained by the High Court – Filing of the writ petition by the borrowers before the High Court is nothing but an abuse of process of Court

Jan 19, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PHOENIX ARC PRIVATE LIMITED — Appellant Vs. VISHWA BHARATI VIDYA MANDIR AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Child Custody

Declaration of guardian of a minor – Issue regarding custody of a minor child and the issue of the repatriation of the child to the native country has to be addressed on the sole criteria of the welfare of the minor and not on consideration of the legal rights of the parents – if interest of the minor which is the paramount consideration requires that the custody of a minor child should not be with the mother, the Court will be justified in disturbing the custody of the mother even if the age of the minor is less than five years

Jan 19, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VASUDHA SETHI AND OTHERS — Appellant Vs. KIRAN V. BHASKAR AND ANOTHER — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ.…

Consumer

Deficiency in service – Failure of builder to obtain the occupation certificate is a deficiency in service – Respondent-builder was responsible for transferring the title to the flats to the society along with the occupancy certificate – Failure of the respondent to obtain the occupation certificate is a deficiency in service – members of society society are well within their rights as ‘consumers’ to pray for compensation as a recompense for the consequent liability (such as payment of higher taxes and water charges by the owners) arising from the lack of an occupancy certificate.

Jan 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAMRUDDHI CO-OPERATIVE HOUSING SOCIETY LIMITED — Appellant Vs. MUMBAI MAHALAXMI CONSTRUCTION PRIVATE LIMITED — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A.S.…

I P C

(IPC) – Section 498A – Cruelty – When an offence has been committed by a woman by meting out cruelty to another woman, i.e., the daughter-in-law, it becomes a more serious offence – If a lady, i.e., the mother-in-law herein does not protect another lady, the other lady, i.e., daughter-in-law would become vulnerable – appellant is reported to be approximately 80 years old, sentence reduced.

Jan 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MEERA — Appellant Vs. STATE BY THE INSPECTOR OF POLICE THIRUVOTRIYUR POLICE STATION CHENNAI — Respondent ( Before : M.R. Shah and B.V. Nagarathna,…

Bail Declined

Murder of disabled person – Cancellation of Bail – – Accused is a person exercising significant political influence and that owing to the same, the informant found it difficult to get an FIR registered against him – That the accused was arrested only following a protest outside a police station demanding his arrest – Thus, the possibility of the accused threatening or otherwise influencing the witnesses, if on bail, cannot be ruled out

Jan 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANOJ KUMAR KHOKHAR — Appellant Vs. STATE OF RAJASTHAN AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal…

Narcotics

Repatriation of Prisoners Act, 2003 – Ss 12, 13 and 13(6) – N D and P S Act, 1985 – Section 21(b) – Respondent transferred to India on agreement between Government of India and Government of Mauritius on the Transfer of Prisoners – High Court reduced the sentence from 26 years to 10 years – Sentence imposed by the Supreme Court of Mauritius in this case is binding on India

Jan 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. SHAIKH ISTIYAQ AHMED AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai,…

State Laws

Board Resolution be approved by General Body and the resolutions for the years 1995 ­2000 were not traced, it has been commented in the Report that the Board resolution is without authorisation – Respondent is a member of the Society and being entitled to allotment of a plot – Allotment being of the year 2000, construction has also been raised – Appeal dismissed.

Jan 16, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH VELAGACHARLA JAYARAM REDDY — Appellant Vs. M. VENKATA RAMANA AND OTHERS .ETC. — Respondent ( Before : N.V. Ramana, CJI, A.S. Bopanna and Hima…

Arbitration

An award can be set aside only if the award is against the public policy of India. The award can be set aside under Sections 34/37 of the Arbitration Act, if the award is found to be contrary to, (a) fundamental policy of Indian Law; or (b) the interest of India; or (c) justice or morality; or (d) if it is patently illegal.

Jan 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARYANA TOURISM LIMITED — Appellant Vs. M/S KANDHARI BEVERAGES LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna JJ. ) Civil 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