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.
Juvenile Justice

Juvenile – HELD The age recorded by the Committee or the Board to be the age of the person so brought before it shall for the purpose of the JJ Act, 2015 be deemed to be the true age of the person. The deeming provision in sub-section (3) of section 94 of the JJ Act, 2015 is also significant inasmuch as the controversy or the doubt regarding the age of the child brought before the Committee or the JJ Board is sought to be set at rest at the level of the JJ Board or the Committee itself – Appeal dismissed

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RISHIPAL SINGH SOLANKI — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and B.V. Nagarathna,…

POSCO

Protection of Children from Sexual Offences Act, 2012 – Section 7 – Sexual assault – Skin-to-skin contact not essential for POCSO offence – Most important ingredient for constituting the offence of sexual assault under Section 7 of the Act is the “sexual intent” and not the “skin to skin” contact with the child HELD the judgment and order of the High Court insofar as it has set aside the conviction of the accused for the offences under Section 8 and 10 of the POCSO Act is liable to be set aside, and the judgment and order of conviction and sentence passed by the Special Court is required to be restored.

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  ATTORNEY GENERAL FOR INDIA AND ANOTHER — Appellant Vs. SATISH AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and Bela M. Trivedi,…

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 18, 19, 24, 25, 29A, 34 and 37 – Appointment of arbitrator for adjudication of disputes – A pragmatic and common-sense approach would invariably check any discord between the desire for expeditious disposal and adequacy of opportunity to establish one’s case – In the context of the present case, This Court agree with the High Court that there was unnecessary haste and hurry by the arbitrator, especially when the respondent had filed the affidavit by way of evidence

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. NARINDER SINGH AND SONS — Appellant Vs. UNION OF INDIA THROUGH DIVISIONAL SUPERINTENDENT ENGINEER – II, NORTHERN RAILWAY, FEROZEPUR DIVISION, FEROZEPUR — Respondent…

Compassionate Appointment

Once it is proved that in spite of the death of the breadwinner, the family survived and substantial period is over, there is no need to make appointment on compassionate ground at the cost of the interests of several others ignoring the mandate of Article 14 of the Constitution

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STEEL AUTHORITY OF INDIA LIMITED — Appellant Vs. GOURI DEVI — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Civil Appeal…

Service Matters
Service

Uttar Pradesh (Civil Police) Constable and Head Constable Rules, 2008 – Police Constables Recruitment – There is no bar in intimating the candidates through SMS, more particularly when large number of candidates had to appear in the subsequent process and majority of the candidates have appeared for document verification and physical fitness test pursuant to intimation by SMS.

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTAR PRADESH AND OTHERS — Appellant Vs. PANKAJ KUMAR — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A.S. Bopanna, JJ.…

Service Matters
Service

Summary dismissal of an earlier petition under Article 32 of the Constitution does not bar the present writ petition on grounds of res judicata as there has been no substantive decision on the merits of the issues. HELD Court must be alive to the contemporary reality of “ambush Public Interest Litigations” and interpret the principles of res judicata or constructive res judicata in a manner which does not debar access to justice – Jurisdiction under Article 32 is a fundamental right in and of itself.

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL CONFEDERATION OF OFFICERS ASSOCIATION OF CENTRAL PUBLIC SECTOR ENTERPRISES AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before…

Service Matters
Service

Claim for compassionate appointment must be decided only on the basis of relevant scheme prevalent on date of demise of the employee and subsequent scheme cannot be looked into – Respondent shall not be entitled for appointment on compassionate ground on the basis of the subsequent circular/policy dated 31.08.2016 – Appeal allowed.

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MADHYA PRADESH AND OTHERS — Appellant Vs. ASHISH AWASTHI — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. )…

Accident

Rash and negligent act simplicitor and not a case of driving in an inebriated condition which is, undoubtedly despicable – HELD the conviction of the appellant under Sections 279 and 304A IPC is maintained. However, the substantive sentence of imprisonment is reduced to the period already undergone. Imposition of fine is also affirmed. Besides the fine, an amount of Rs. 3 lakhs which has been deposited by the appellant by way of compensation in the Registry of this Court be transferred to the Motor Accident Tribunal which shall be released by the Tribunal to the widow of the deceased.

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAGAR LOLIENKAR — Appellant Vs. THE STATE OF GOA AND ANOTHER — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. )…

C P C

Civil Law – Injunction – No injunction could have been granted without impleading and without giving an opportunity of being heard – High Court granting injunction with respect to 1/7th share in the total plaint schedule properties which has been passed without giving an opportunity of being heard to the appellants and without impleading them as party-defendants in the suit by learned trial Court, is unsustainable and deserves to be quashed and set aside – Appeal allowed

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ACQUA BOREWELL PRIVATE LIMITED — Appellant Vs. SWAYAM PRABHA AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

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