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.
Constitution

High Court had imposed a blanket ban on the operation of DJ services in Uttar Pradesh reason that noise generated by DJ is unpleasant and obnoxious level – Appeal against same – Persons may be permitted to play the music/DJ only in accordance with law and after obtaining the requisite license/permission from the concerned authorities

Aug 8, 2021 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH SACHIN KASHYAP AND OTHERS — Appellant Vs. SUSHIL CHANDRA SRIVASTAVA AND OTHERS — Respondent ( Before : Vineet Saran and Dinesh Maheshwari, JJ.…

Education

Policy decision not to grant Study Leave to doctors for a certain length of time, in apprehension of a rise in COVID-19 cases, to ensure the availability of as many doctors, as possible for duty, is neither arbitrary, nor discriminatory, nor violative of Article 14 of the Constitution of India

Aug 8, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. ROHIT KUMAR — Appellant Vs. SECRETARY OFFICE OF LT. GOVERNOR OF DELHI AND OTHERS — Respondent ( Before : Indira Banerjee and V.…

Service Matters
Service

Enhancement of Age of superannuation – HELD enhancement of the age of superannuation is a ‘public function’ channelised by the provisions of the statute and the service regulations, the doctrine of promissory estoppel cannot be used to challenge the action of NOIDA – Though NOIDA sought the approval of the State government for the enhancement with ‘immediate effect’ , it never intended or portrayed to have intended to give retrospective effect to the prospectively applicable Government order

Aug 8, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY AND ANOTHER — Appellant Vs. B. D. SINGHAL AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud…

C P C

Exparte decree against minor – Appointment of guardian – High Court found that the exparte decree was a nullity, as it was passed against a minor without the minor being represented by a guardian duly appointed in terms of the procedure contemplated under Order 32, Rule 3 of the Code – Therefore, the High Court, exercising its power of superintendence under Article 227 of the Constitution, set aside the exparte decree itself . ORDER UPHELD

Aug 8, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH K.P. NATARAJAN AND ANOTHER — Appellant Vs. MUTHALAMMAL AND OTHERS — Respondent ( Before : Indira Banerjee and V. Ramasubramanian, JJ. ) Special Leave…

Bail Declined

Murder – Cancellation of Bail – High court grants bail in second bail application without discussion or analysis of circumstances – Observations made by the High Court “considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the second bail application” does not constitute the kind of reasoning which is expected of a judicial order

Aug 8, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KUMER SINGH — Appellant Vs. STATE OF RAJASTHAN AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M. R. Shah, JJ.…

Constitution

As held, it is declared that Part IXB of the Constitution of India is operative only insofar as it concerns multi State cooperative societies both within the various States and in the Union territories of India – Part IX B of the Constitution consists of Articles 243ZH to 243ZT – Article 243ZH is the definition Article which defines co-operative societies in sub-clause (c) as meaning society registered or deemed to be registered under a State law, as opposed to a multi-State cooperative society defined in sub-clause (d), which is a society with objects not confined to one State and registered under a law for the time being in force relating to such cooperatives

Aug 8, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA — Appellant Vs. RAJENDRA N. SHAH AND ANOTHER — Respondent ( Before : R. F. Nariman, B.R. Gavai and K.M. Joseph,…

Cr P C

CrPC – S 482 – IPC – Ss 409, 420, 467, 468, 471 and 477A read with 120B – In exceptional cases with caution and circumspection, giving brief reasons, High Court has power passed to pass an protection interim order. there may be allegations of abuse of process of law, converting a civil dispute into a criminal dispute, with a view to pressurize the accused. High Court has given elaborate reasons as to how the allegations of bank fraud were developed during the proceedings concerning allegations of election fraud.

Aug 8, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH A P MAHESH COOPERATIVE URBAN BANK SHAREHOLDERS WELFARE ASSOCIATION — Appellant Vs. RAMESH KUMAR BUNG AND OTHERS — Respondent ( Before : Indira Banerjee…

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