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.
Cr P C

Ordinarily, this Court is cautious in interfering with an order of acquittal, especially when the order of acquittal has been confirmed upto the High Court. It is only in rarest of rare cases, where the High Court, on an absolutely wrong process of reasoning and a legally erroneous and perverse approach to the facts of the case, ignoring some of the most vital facts, has acquitted the accused, that the same may be reversed by this Court, exercising jurisdiction under Article 136 of the Constitution

Jan 15, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH RAJESH PRASAD — Appellant Vs. THE STATE OF BIHAR AND ANOTHER ETC — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V.…

Service Matters
Service

Patna High Court holding NCCF to be “State” within the meaning of Article 12 of the Constitution of India was thus accepted by the NCCF and the appeals were consciously withdrawn. Mr. Dhingra, therefore, submits that in view of the change in the circumstances, especially in the light of withdrawal of the appeal by NCCF, liberty be granted to the petitioners to file appropriate proceedings under Article 226 of the Constitution of India to agitate and claim reliefs prayed by way of substantive prayer (b) in the instant petition. Allowed

Jan 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH N.C.C.F. EMPLOYEES UNION (REGD) (RECOGNIZED) AND ANOTHER — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and…

Service Matters
Service

Administrative Tribunals Act, 1985 – any decision of such a Tribunal, including the one passed under Section 25 of the Act could be subjected to scrutiny only before a Division Bench of a High Court within whose jurisdiction the Tribunal concerned falls. This unambiguous exposition of law has to be followed scrupulously while deciding the jurisdictional High Court for the purpose of bringing in challenge against an order of transfer of an Original Application from one bench of Tribunal to another bench

Jan 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. ALAPAN BANDYOPADHYAY — Respondent ( Before : A.M. Khanwilkar and C.T. Ravikumar, JJ. ) Civil Appeal No. 197…

Maintenance

The issue of maintenance has to be decided afresh by the concerned court/family court in accordance with law, taking into account all relevant factors including the income of the respective spouses, the number of persons actually dependent on the spouses etc. The parties shall make a disclosure of their income, assets, savings, etc. before the concerned court.

Jan 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UMA PRIYADARSHINI S. — Appellant Vs. SUCHITH K NAIR — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. ) Civil Appeal Nos.…

State Laws

Demand raised by the appellants against the respondent company, of excise duty on the liquor lost in fire, is authorised by law and has rightly been raised as per the applicable provisions of the Act of 1910, the Excise Manual and the Rules of 1969. – Fire incident in question cannot be said to be that of an event beyond human control and the High Court has been in error in holding that no negligence could be imputed on the respondent company.

Jan 13, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH STATE OF UP THROUGH SECRETARY (EXCISE) AND OTHERS — Appellant Vs. M/S MCDOWELL AND COMPANY LIMITED — Respondent ( Before : A.M. Khanwilkar, Dinesh…

Education

NEET – Education – Admission – Reservation – Counselling on the basis of NEET-PG 2021 and NEET- UG 2021 shall be conducted by giving effect to the reservation as provided by the notice, including the 27 per cent reservation for the OBC category and 10 per cent reservation for EWS category in the AIQ seats.

Jan 7, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEIL AURELIO NUNES AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A.S.…

State Laws

Rajasthan Tenancy Act, 1955 – Section 42 – Rajasthan Colonization Act, 1954 – Sections 13 and 13(A)(2) – Possession – Transfer of rights -Land allotted to Scheduled Caste – Declaration – Appellant-original defendant being a Scheduled Caste belonging to State of Punjab and being an ordinarily and permanent resident of the State of Punjab cannot claim the benefit of a Scheduled Caste in the State of Rajasthan for the purpose of purchase of the land belonging to a Scheduled Caste person of State of Rajasthan, which was given to original allottee as Scheduled Caste landless person,

Jan 5, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  BHADAR RAM (D) THR. LRS — Appellant Vs. JASSA RAM AND OTHERS — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. )…

Service Matters
Service

Rajasthan Marudhara Gramin Bank (Officers and Employees) Service Regulations, 2010 – Regulation 44 – Employee delinquent has no absolute right to avail the services by ex employee of the Bank as his DR in the departmental proceedings – it is observed that there is no absolute right in favour of the delinquent officer’s to be represented in the departmental proceedings through the agent of his choice and the same can be restricted by the employer. – High Court has committed an error in permitting respondent delinquent officer to be represented in the departmental enquiry through exemployee of the Bank.

Jan 4, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE RAJASTHAN MARUDHARA GRAMIN BANK (RMGB) AND ANOTHER — Appellant Vs. RAMESH CHANDRA MEENA AND ANOTHER — Respondent ( Before : M.R. Shah and…

Arbitration

Termination of mandate – Appointment of fresh arbitrator – Earlier Arbitral Tribunal-Stationery Purchase Committee comprising of Additional Secretary, Department of Revenue as President and (i) Deputy Secretary, Department of Revenue, (ii) Deputy Secretary, General Administration Department, (iii) Deputy Secretary, Department of Finance, (iv) Deputy Secretary/Under Secretary, General Administration Department and (v) Senior Deputy Controller of Head Office, Printing as Members, has lost its mandate by operation of law in view of Section 12(5) read with Seventh Schedule and a fresh arbitrator has to be appointed under the provisions of the Arbitration Act, 1996

Jan 4, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ELLORA PAPER MILLS LIMITED — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Corporate

Companies Act, 1956 – Section 531 – Reserve Bank of India Act, 1934 – Section 45-MB – Suit for Interest on delayed payment on Bonds -the plaintiffs, like the Shakespearean character of Shylock, have raised the demand “I’ll have my bond. Speak not against my bond.” – Holder of the Bond has received their ‘pound of flesh’, but they seem to want more – Additional sum is not merited as SIBCO has already received their just entitlement and burdening the defendant with any further amount towards interest would be akin to Shylockian extraction of blood from the defendant.

Jan 3, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA — Appellant Vs. M/S. SIBCO INVESTMENT PRIVATE LIMITED — Respondent ( Before : R. Subhash Reddy and Hrishikesh…

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