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

SC Upholds NEET; Says Uniform Exam For Admission In Medical & Dental Courses Does Not Violate Minority Rights . Held that prescribing a uniform examination of NEET for admissions in medical & dental courses did not violate rights of unaided/aided minority institutions under Articles 19(1) (g) & 30 read with 25, 26 & 29(1) of Constitution. D/APRIL 29, 2020.

Apr 29, 2020 sclaw

SC Upholds NEET; Says Uniform Exam For Admission In Medical & Dental Courses Does Not Violate Minority Rights [Read Judgment] LIVELAW NEWS NETWORK 29 April 2020 2:59 PM In a…

Arbitration

Non-Participation In Arbitral Proceedings Results In Waiver Of Right To Raise Objections On Jurisdiction After Award : SC HELD hat the specification of a “Venue” or “Place” of arbitration may not hold much significance in domestic arbitrations as against international commercial arbitrations due to the uniform applicability of the substantive & curial law.D/April 29, 2020.

Apr 29, 2020 sclaw

Non-Participation In Arbitral Proceedings Results In Waiver Of Right To Raise Objections On Jurisdiction After Award : SC [Read Judgment] Sanya Talwar 29 April 2020 6:49 PM Court also pointed…

Direct Taxation

In Partial Relief To Vodafone Idea, SC Allows Tax Refund Of Rs 773 Crores Held that since the statute now envisages exercise of power of withholding of refund in a particular manner, it goes without saying that for assessment year commencing after 01.04.2017 the requirements of Section 241-A of the Act must be satisfied.

Apr 29, 2020 sclaw

In Partial Relief To Vodafone Idea, SC Allows Tax Refund Of Rs 773 Crores [Read Judgment] Mehal Jain 29 April 2020 2:48 PM GMT In a setback of sorts to…

Corruption

Prevention of Corruption Act, 1988 – Section 2(c) (xi) – Deemed University – Whether the trustee of Deemed University is a ‘public servant’ covered under Section 2(c) of the PC Act – Held, Deemed university covered under PC Act – This Court is of the opinion that the High Court was incorrect in holding that a “Deemed University” is excluded from the ambit of the term “University” under Section 2(c)(xi) of the PC Act.

Apr 28, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH STATE OF GUJARAT — Appellant Vs. MANSUKHBHAI KANJIBHAI SHAH — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and Ajay Rastogi, JJ.…

Customs & Excise

Customs Act, 1962 – Section 9(1)(e) – Customs Valuation (Determination of Price of Imported Goods Valuation Rules, 1988 – Rules 4, 9(1)(e) and 12 – Import consignments – Custom valuation – Provisions of Rule 9(1)(e) cannot be automatically applied to every import which has surface features of a turnkey contract.

Apr 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER OF CUSTOMS (PORT) KOLKATA — Appellant Vs. M/S STEEL AUTHORITY OF INDIA LTD. — Respondent ( Before : Deepak Gupta and Aniruddha…

Corporate

Central Sales Tax Act, 1956 – Sections 3, 6 and 6(2) – Liability to tax on inter-State sales – Whether as a condition of giving the benefit of Section 6(2) of the said Act, the tax authorities can impose a limit or timeframe within which delivery of the respective goods has to be taken from a carrier when the goods are delivered to a carrier for transmission in course of inter-state sale. HELD In such circumstances fixing of timeframe by order of the Tax Administration of the State in our opinion would be impermissible. Decided on : 27-04-2020

Apr 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH COMMERCIAL TAXES OFFICER — Appellant Vs. M/S. BOMBAY MACHINERY STORE — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Civil…

Environment

Karnataka Preservation of Trees Act, 1976 – Section 66 – Karnataka Land Reforms Act, 1961 – Sections 79-B and 104 – Plantations – Exemption from the restrictions on holding imposed under that statute – Effect of such treatment would be that such land under plantation would be exempted from the restrictions on holding imposed under that statute – This Court direct the Tahsildar to undertake fresh proceeding on the basis of the declaration filed under Section 66 of the 1976 Act by the predecessors of the respondents – It shall be open to the authorities undertaking such proceeding to examine as to whether declaration under Section 66 of the Act was proper course or not for determining the issues in dispute, including the question of vesting of the land or part thereof in the State Decided on : 27-04-2020

Apr 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH STATE OF KARNATAKA — Appellant Vs. Y. MOIDEEN KUNHI (D) BY LRS. AND OTHERS — Respondent ( Before : Deepak Gupta and Aniruddha…

Domestic Violence

Protection of Women from Domestic Violence Act, 2005 – Sections 2(s), 3(iv) and 19 – Right to residence in matrimonial home – Victim of domestic violence – The Protection of Women from Domestic Violence Act, 2005 has recognised the concept of “shared household” in terms of Section 2(s) of this statute. Alienating an immovable asset to defeat the right of a victim lady under the said Act can constitute domestic violence, coming, inter-alia, within the ambit of the expression “economic abuse” under Section 3(iv) of 2005 Act. There cannot be forcible dishousing of a wife from her matrimonial home. Hindu Adoption and Maintenance Act, 1956 – Section 18 – Right to residence in matrimonial home – A married woman is entitled to live, subsequent to her marriage, with rest of her family members on the husband’s side,Decided on : 27-04-2020

Apr 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH AISHWARYA ATUL PUSALKAR — Appellant Vs. MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY AND OTHERS — Respondent ( Before : Deepak Gupta and Aniruddha…

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