Surrogacy (Regulation) Act, 2021 — Section 4(iii)(c)(I) — Age-restriction for intending couples — Retrospective application — Intending couples who commenced surrogacy procedures (including embryo creation and freezing) before the Act’s commencement date (25.01.2022) are not subject to the age-restrictions under Section 4(iii)(c)(I). The Act, unless expressly or by necessary implication made retrospective, is presumed to be prospective. The commencement of freezing embryos signifies a vested right and a crystallized intention, preventing subsequent age-bar imposition from frustrating the process.
2025 INSC 1209 SUPREME COURT OF INDIA DIVISION BENCH VIJAYA KUMARI S AND ANOTHER Vs. UNION OF INDIA ( Before : B.V. Nagarathna and K.V. Viswanathan, JJ. ) Writ Petition…
Negotiable Instruments Act, 1881 — Section 138 and 141 — Dishonour of Cheque — Complaint against Chairman/Trustee of a Trust without impleading the Trust as an accused — Maintainability — Held, a complaint under Section 138 of the NI Act is maintainable against a Trustee who has signed the cheque on behalf of the Trust, even if the Trust itself is not made an accused — The Trust does not possess independent legal status to sue or be sued.
2025 INSC 1210 SUPREME COURT OF INDIA DIVISION BENCH SANKAR PADAM THAPA Vs. VIJAYKUMAR DINESHCHANDRA AGARWAL ( Before : Ahsanuddin Amanullah and Prashant Kumar Mishra, JJ. ) Criminal Appeal No…..of…
Juvenile Justice (Care and Protection of Children) Act, 2000 — Section 7-A — Claim of juvenility can be raised at any stage, even after final disposal of the case. If found to be a juvenile, the court shall forward the person to the Board, and any sentence passed shall be deemed to have no effect — This provision applies retrospectively.
2025 INSC 1211 SUPREME COURT OF INDIA DIVISION BENCH HANSRAJ Vs. STATE OF U.P. ( Before : Dipankar Datta and Augustine George Masih, JJ. ) Writ Petition (Crl.) No. 340…
Service Law — Appointment of Teachers — Eligibility Criteria — Marks in Intermediate Examination — Relaxation for Scheduled Tribe candidates — Calculation of percentage of marks must include marks from vocational subjects unless barred by law.
2025 INSC 1212 SUPREME COURT OF INDIA DIVISION BENCH RAVI ORAON Vs. THE STATE OF JHARKHAND AND OTHERS ( Before : Dipankar Datta and K.V. Viswanathan, JJ. ) Civil Appeal…
Education Law — Recruitment Rules — Applicability of — Selection process initiated under Assam Government Aided Junior College Management Rules, 2001 — Advertisement did not stipulate age limit — Government condoned appellant’s overage — Subsequent approval of appointment — High Court relying on Assam Secondary Education (Provincialisation) Service Rules, 2003, which prescribed age limits, set aside appointment — Court held that applying 2003 Rules retrospectively to an aided institution’s recruitment process initiated under 2001 Rules was illegal, especially when post-provincialisation rules were not made retrospective.
2025 INSC 1156 SUPREME COURT OF INDIA DIVISION BENCH JYOTSNA DEVI Vs. THE STATE OF ASSAM AND OTHERS ( Before : Ahsanuddin Amanullah and S.V.N. Bhatti, JJ. ) Civil Appeal…
. Civil Procedure Code, 1908 (CPC) — Order 37 — Summary Suits — Procedure — Filing of reply/defence without leave to defend — High Court allowing filing of reply to Summons for Judgment without defendant first applying for leave to defend amounts to procedural deviation from Order 37 Rule 3(4) and 3(5) CPC.
2025 INSC 1157 SUPREME COURT OF INDIA DIVISION BENCH EXECUTIVE TRADING COMPANY PRIVATE LIMITED Vs. GROW WELL MERCANTILE PRIVATE LIMITED ( Before : Ahsanuddin Amanullah and S.V.N. Bhatti, JJ. )…
Electricity Act, 2003 — Section 125 — Appeals to Supreme Court — Parties must understand and apply judgments correctly, not selectively. This court’s prior decision sets precedent.
2025 INSC 1160 SUPREME COURT OF INDIA DIVISION BENCH GUJARAT URJA VIKAS NIGAM LIMITED Vs. ESSAR POWER LIMITED AND ANOTHER ( Before : Sanjay Kumar and Alok Aradhe, JJ. )…
Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (DRT Act) — Income Tax Act, 1961 — Application of Second and Third Schedules to Income Tax Act and Income Tax (Certificate Proceedings) Rules, 1962 for immovable property sales — Rule 53 of Second Schedule requires proclamation of sale to contain Material information for the purchaser, including any encumbrances or claims affecting the property’s value.
2025 INSC 1161 SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY Vs. CORPORATION BANK AND OTHERS ( Before : Sanjay Kumar and Alok Aradhe, JJ. ) Civil Appeal No.…
Provincial Insolvency Act, 1920 — Section 37 — Proceedings on annulment — The validity of acts done by a court or receiver before annulment of adjudication of insolvency depends on whether the sales and dispositions of property and payments made were “duly made.” If these acts are found to be not duly made, Section 37 will not protect them.
2025 INSC 1159 SUPREME COURT OF INDIA DIVISION BENCH SINGAMASETTY BHAGAVATH GUPTHA AND ANOTHER Vs. ALLAM KARIBASAPPA (D) BY LRS./ALLAM DODDABASAPPA (D) BY LRS. AND OTHERS ( Before : Pamidighantam…
Negotiable Instruments Act, 1881 — Sections 138, 139, 118 — Dishonour of cheque — Presumptions — Scope — Once execution/signature admitted, presumption arises that cheque was for consideration and discharge of legally enforceable debt — Burden initially on accused to rebut by raising probable defence — Mere plea of complainant’s financial incapacity, without documentary or independent evidence, not sufficient — Failure to reply to statutory notice, an adverse inference against accused — Defence that blank signed cheque given for obtaining bank loan, held unbelievable.
2025 INSC 1158 SUPREME COURT OF INDIA DIVISION BENCH SANJABIJ TARI Vs. KISHORE S. BORCAR AND ANOTHER ( Before : Manmohan and N.V. Anjaria, JJ. ) Criminal Appeal No. 1755…