Latest Post

Land Acquisition and Development — Public Purpose De-reservation — Subject land originally earmarked for High School was de-reserved by competent authority due to insufficient area; subsequent sale to private individuals was upheld by civil courts and its finality was not challenged. Contempt of Courts Act, 1971 — Sections 2(c), 19 — Criminal Contempt — Scandalising the court — An advocate’s public allegations against a sitting judge, made via a press conference and repeated in court applications, can constitute criminal contempt by scandalising the court, lowering its authority, and interfering with judicial proceedings — Such conduct is unbecoming of a legal professional and undermines public confidence in the judiciary. Recruitment Rules and Advertisement — Essential Qualifications — Work Experience — In absence of a specific rule or advertisement provision, a recruiting agency cannot relax essential eligibility criteria by treating a higher qualification as a replacement for a mandatory essential qualification — A preference for a higher qualification operates only for eligible and meritorious candidates and does not override or supplant the primary requirement of essential eligibility. Industrial Disputes Act, 1947 — Section 10 — Relief of back wages and regularisation — Employee illegally terminated, ordered reinstatement with back wages by Labour Commissioner and Industrial Court — Employer challenged, but interim order for back wages deposit was made and employee reinstated as daily wager — Employee sought regularisation after completing 180 days of service, granted by Industrial Court from the date of 180 days completion as per settlement clause — Employer failed to comply timely, only regularising employee on a sanctioned post after many years, imposing new conditions contrary to prior orders — Supreme Court held that employer cannot impose new conditions limiting regularisation contrary to earlier unchallenged orders and settlement terms, and reversed High Court’s decision setting aside back wages order. Arbitration and Conciliation Act, 1996 — Section 34 — Challenge to Arbitral Award — Legal Representatives — The Arbitration Act is a complete code for dispute resolution — Legal representatives of a deceased party are entitled to challenge an arbitral award under Section 34 of the Act, as the Act envisions continuity of proceedings after a party’s death and makes awards enforceable by or against legal representatives — Denying this right would render legal representatives remediless while making them liable to fulfill the award, contradicting the Act’s purpose.

Criminal proceedings can be quashed if a civil dispute is disguised as a criminal offense, indicating an abuse of process. Penal Code, 1860 (IPC) — Sections 419, 420, 467, 468, 471 — Cheating, Forgery, Using Forged Document — Abuse of process of law — Civil dispute disguised as criminal offence — Complaint filed after significant delay following dismissal of objections and failure to pursue civil remedies — Allegations of fabrication of will and circumvention of sale deed not prima facie made out — Continuation of proceedings would be an abuse of process and not serve ends of justice — High Court erred in refusing to quash — Order set aside and proceedings quashed.

2025 INSC 915 SUPREME COURT OF INDIA DIVISION BENCH URMILA DEVI AND OTHERS Vs. BALRAM AND ANOTHER ( Before : B.V. Nagarathna and K.V. Viswanathan, JJ. ) Criminal Appeal No.…

Criminal proceedings may be quashed if cheating or criminal breach of trust elements are absent, or if civil disputes are wrongly criminalized, amounting to abuse of process.- Section 420 — Cheating — Ingredients not made out — Agreement to Sell for property was executed, but possession was not handed over as stipulated in the ATS — No fraudulent or dishonest inducement found — Criminal proceedings quashed.

2025 INSC 917 SUPREME COURT OF INDIA DIVISION BENCH S.N. VIJAYALAKSHMI AND OTHERS Vs. STATE OF KARNATAKA AND ANOTHER ( Before : Sudhanshu Dhulia and Ahsanuddin Amanullah, JJ. ) Criminal…

Constitution of India, 1950 — Tenth Schedule, Para 6(1) — Disqualification of Members — Speaker’s authority to decide — Judicial review of Speaker’s decision — Scope of — Decision of Speaker is amenable to judicial review on grounds of jurisdictional errors, mala fides, non-compliance with natural justice, and perversity. Delay in deciding disqualification petitions — Speaker’s duty to decide expeditiously — Held, Speaker is bound to decide disqualification petitions within a reasonable period.

2025 INSC 912 SUPREME COURT OF INDIA DIVISION BENCH PADI KAUSHIK REDDY ETC. Vs. STATE OF TELANGANA AND OTHERS ETC. ( Before : B.R. Gavai, CJI. and Augustine George Masih,…

Arbitration and Conciliation Act, 1996 vs. Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 — Works Contract — Concession Agreement for development of State Highway falls under ‘works contract’ as defined in MP Act, 1983 — MP Act, 1983 has overriding effect on Arbitration and Conciliation Act, 1996 for such contracts — Private arbitration under 1996 Act is inoperative and void ab initio where MP Act, 1983 mandates adjudication by Madhya Pradesh Arbitration Tribunal.

2025 INSC 907 SUPREME COURT OF INDIA DIVISION BENCH UMRI POOPH PRATAPPUR (UPP) TOLLWAYS PVT. LTD. Vs. M.P. ROAD DEVELOPMENT CORPORATION AND ANOTHER ( Before : J.B. Pardiwala and R.…

Service Matters

Interpretation of Statute and Notifications — ‘Any’ University does not mean only within the State — The phrase “in any State-aided University or College” in a notification extending retirement age was interpreted to include experience from universities or colleges outside the State of West Bengal. The court found that confining the benefit to experience within West Bengal had no rational nexus or object, making it artificial, discriminatory, and violative of equality principles.

2025 INSC 910 SUPREME COURT OF INDIA DIVISION BENCH SUBHA PRASAD NANDI MAJUMDAR Vs. THE STATE OF WEST BENGAL SERVICE AND OTHERS ( Before : Pamidighantam Sri Narasimha and Manoj…

Motor Vehicles Act, 1988 — Section 166 — Contract Act, 1872 — Section 2(d) — Motor Accidents Claims Tribunal — Compensation — Notional Income Future Prospects — Multiplier — Contributory Negligence — Attendant Charges — Future Medical Expenses — Loss of Marital Prospects — Discomfort — Extra Nourishment — Medical Bills — Motor Accident — Amputation — Functional Disability — In a motor accident case involving a young engineering student who suffered amputation of his leg due to the negligence of multiple parties, the Supreme Court enhanced the compensation by reassessing the notional income, elaborating on future prospects, applying an appropriate multiplier, and reinstating the original attendant charges awarded by the Tribunal, deeming the High Court’s reduction unjustified

2025 INSC 905 SUPREME COURT OF INDIA DIVISION BENCH S. MOHAMMED HAKKIM Vs. NATIONAL INSURANCE CO. LTD. AND OTHERS ( Before : Sudhanshu Dhulia and Aravind Kumar, JJ. ) Civil…

Kerala Cricket Association Byelaws, not specified — Blacklisting of member — KCA blacklisted the appellant life-ban for alleged concealment of facts before the High Court — Supreme Court struck down the blacklisting order as consequential to the erroneous rejection of the writ petition and writ appeal by the High Court, finding the High Court’s view of the appellant approaching with “unclean hands” to be harsh and not substantiated by the facts presented.

2025 INSC 906 SUPREME COURT OF INDIA DIVISION BENCH SANTHOSH KARUNAKARAN Vs. OMBUDSMAN CUM ETHICS OFFICER, KERALA CRICKET ASSOCIATION AND ANOTHER ( Before : Vikram Nath and Sandeep Mehta, JJ.…

Education Law — Admissions — Eligibility Criteria — Prospectus issued by University — Amendments and Addendums — Appellant admitted to postgraduate program based on provisional admission — Completed course and received degree — University withdrew degree based on initial ineligibility — Court held that due to confusion and uncertainty caused by frequent changes in eligibility criteria, the benefit should go to the appellant, especially since she had completed the course with good marks.

2025 INSC 882 SUPREME COURT OF INDIA DIVISION BENCH SAKSHI CHAUHAN Vs. DR. YASHWANT SINGH PARMAR UNIVERSITY OF HORTICULTURE & FORESTRY, NAUNI AND ANOTHER ( Before : B.R. Gavai, CJI.…

Transfer Petition — Jurisdiction — Courts — Petition seeking transfer of matrimonial and criminal cases from one state to another filed by both parties, wife seeking transfer of divorce case from Delhi to UP, husband seeking transfer of criminal cases from UP to Delhi. Parties have also filed special leave petitions against High Court orders. Supreme Court has the power to transfer cases.

2025 INSC 883 SUPREME COURT OF INDIA DIVISION BENCH SHIVANGI BANSAL Vs. SAHIB BANSAL ( Before : B.R. Gavai, CJI. and Augustine George Masih, JJ. ) Transfer Petition (C) No.…

Penal Code, 1860 — Sections 302, 34, 120B — Murder — Appeal against conviction and sentence for murder — Key eyewitness evidence of the deceased’s son and wife — Distance allegedly covered on bicycle within thirty minutes questioned — Improbability of covering 16 kilometers in that timeframe raised substantial doubt about their presence at the crime scene — Absence of corroboration from other witnesses, who turned hostile and suggested multiple assailants, further weakens the prosecution’s case — Post-mortem report indicating numerous injuries, consistent with multiple attackers — Deceased’s history as a habitual drunkard and criminal suggests potential enmity with various individuals — Conviction based solely on questionable eyewitness testimony not sustainable when reasonable doubt exists about accused’s presence and involvement — Appeal allowed, conviction and sentence set aside

2025 INSC 880 SUPREME COURT OF INDIA DIVISION BENCH ESAKKIMUTHU AND OTHERS Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE ( Before : Vikram Nath and Sandeep Mehta, JJ. )…

You missed