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.
Service Matters
Service

HELD upper age limit as directory would be conferring unbridled power in the executive to choose persons of their choice by relaxing the age beyond 35 years. In such case, the provision would have to be declared as unconstitutional – High Court has correct in opinion that 35 years is the upper age limit for appointment as Rehbar-e-Taleem (Recruitment of teachers in primary schools across the state of Jammu and Kashmir) scheme and cut-off date was not eligible for appointment.

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF JAMMU AND KASHMIR AND OTHERS — Appellant Vs. SHAHEENA MASARAT AND ANOTHER — Respondent ( Before : L. Nageswara Rao and…

C P C

(CPC) – Section 100 – Punjab Courts Act, 1918 – Section 41 – Findings of fact – Second appeal – Jurisdiction – Jurisdiction in second appeal is not to interfere with the findings of fact on the ground that findings are erroneous, however, gross or inexcusable the error may seem to be – Findings of fact will also include the findings on the basis of documentary evidence – Jurisdiction to interfere in the second appeal is only where there is an error in law or procedure and not merely an error on a question of fact.

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AVTAR SINGH AND OTHERS — Appellant Vs. BIMLA DEVI AND OTHERS — Respondent ( Before : K.M. Joseph and S. Ravindra Bhat, JJ. )…

C P C

IMP : When a notice is sent by registered post and is returned with a postal endorsement “refused” or “not available in the house” or “house locked” or “shop closed” or “addressee not in station”, due service has to be presumed – Defendant cannot seek setting aside of an ex-parte decree – Orders passed by the High Court set aside and dismiss the application preferred by defendant under Order IX Rule 13 of the Code – Appeal allowed. Counsel for Appearing Parties

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VISHWABANDHU — Appellant Vs. SRI KRISHNA AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and S. Ravindra Bhat, JJ. ) Civil Appeal…

Labour Cases

Industrial Disputes Act, 1947 – Sections 25L and 25N – Termination – Held, Irrigation Department of state will not be an Industrial Establishment within the meaning of Section 25L – Labour Court as well the learned Single Judge and the learned Division Bench of the High Court have not adverted to the question whether the Irrigation Department of the state is an Industrial Establishment within the meaning of Section 25L – There is no finding recorded that the Irrigation Department of the state is doing manufacturing activity as provided in sub-clause (k) of Section 2 of the Factories Act – Termination of the employment of the respondent was legal and valid – Appeal allowed.

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MADHYA PRADESH AND OTHERS — Appellant Vs. SOMDUTT SHARMA — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ.…

Labour Cases

Industrial Disputes Act, 1947 – Section 11­A – Dismissal – Allegation of drunkenness – Its jurisdiction under Section 11­A of the Act 1947 although is a wide one but it must be judiciously exercised – Judicial discretion, it is trite, cannot be exercised either whimsically or capriciously. It may scrutinize or analyse the evidence but what is important is how it does so – Award passed by the Tribunal and confirmed by the High Court under impugned judgment is not sustainable in law – Appeal allowed.

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STANDARD CHARTERED BANK — Appellant Vs. R.C. SRIVASTAVA — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Civil Appeal No(s).…

Service Matters
Service

Held, In the absence of the recommendations made by the review selection committee pursuant to which the appointments were made by notifications, being challenged, there was no justification for the High Court to pass such omnibus directions more particularly when the officer on whose insistence the writ petition was filed, stood retired from service in November 1996 on attaining the age of superannuation – Impugned order passed by High Court is unsustainable

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA, THROUGH THE SECRETARY MINISTRY OF ENVIRONMENT AND FOREST — Appellant Vs. TRILOK S. BHANDARI AND OTHERS — Respondent ( Before :…

Land Acquisition

Land Acquisition Act, 1894 – Sections 4 and 6 – Enhancement of compensation – Determination of market value – Held, Land acquired for the housing project – However, at the same time one cannot lose sight of the fact that the sale deed dated 11.01.1990 was for the small parcel of the land i.e. 5 1/2 cent only – In given case even a sale deed of comparable sales of small areas also can be considered by giving suitable deductions while fixing market value –

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MUNUSAMY — Appellant Vs. THE LAND ACQUISITION OFFICER — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. ) Civil Appeal No. 398…

Cr P C

HELD (CrPC) – Sections 320 and 482 – Where the Court is squarely guided by the compromise between the parties in respect of offences ‘compoundable’ within the statutory framework, the extra­ordinary power enjoined upon a High Court under Section 482 Cr.P.C. or vested in this Court under Article 142 of the Constitution, can be invoked beyond the metes and bounds of Section 320 Cr.P.C

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAMGOPAL AND ANOTHER — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : N.V. Ramana, CJI and Surya Kant, JJ. )…

Bail Declined

The directions issued had the potential for breaching the constitutional and legal rights of individuals who could be or are arraigned in criminal action and also put fetters on power of investigating agencies. Though the impact of the orders under appeal no more survives, we decided to express our opinion on the subject-controversy. With these observations, we allow the appeals. As both the applications for bail have been rejected, there is no necessity of formally setting aside the orders under appeal.

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HIGH COURT OF JUDICATURE FOR RAJASTHAN — Appellant Vs. THE STATE OF RAJASTHAN AND ANOTHER — Respondent ( Before : L. Nageswara Rao and…

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