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Civil Procedure Code, 1908 (CPC) — Section 11, Explanation IV — Constructive Res Judicata — Application of the principle depends on the facts and circumstances of each case, considering the ambit of earlier proceedings and the nexus of the matter to the controversy — It is founded on public policy to prevent multiplicity of proceedings and avoid parties being vexed twice over for the same litigation — Parties are expected to exercise reasonable diligence and bring forward every point that properly belonged to the subject of litigation and which they might and ought to have brought forward — Negligence, inadvertence, or accident in omitting a part of the case does not exempt from its application. Motor Vehicles Act, 1988 — Section 165 and 166 — Liability for injuries sustained due to falling tree branch — Injuries caused by falling tree branch while vehicle was stationary under the tree during rain — Held, not an accident “arising out of the use of a motor vehicle” as the motor vehicle did not play an active role. [ Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Sections 24, 33(5), 36, 39 — Child-sensitive judicial processes — Mandatory safeguards for child victims — Courts must ensure child-friendly procedures, minimum intrusion, and psychological safety, avoiding re-traumatisation and secondary victimisation in all proceedings concerning children, especially those involving allegations of sexual abuse. Disciplinary proceedings — Dismissal from service — Competence of authority — Employee appointed by Superintending Engineer, dismissed by Executive Engineer — Dismissal order held valid as Executive Engineer was competent under MSEDCL Service Regulations to punish an employee of Appellant’s pay grade — Article 311 of Constitution not applicable as Appellant did not hold a civil post under Union or State. Service Law — Compassionate appointment — Nature — Not a vested right — Compassionate appointment is not a condition of service; it is a humane response to sudden financial destitution caused by death-in-harness of the breadwinner — Claim is subject to fulfilment of all eligibility requirements under the applicable rules — However, the same principle that binds the claimant equally binds the State: refusal or deferment of a claim must be grounded in a provision actually applicable to the form of relief claimed, tested on the anvil of Art. 14.
C P C

Civil Procedure Code, 1908 (CPC) — Section 11, Explanation IV — Constructive Res Judicata — Application of the principle depends on the facts and circumstances of each case, considering the ambit of earlier proceedings and the nexus of the matter to the controversy — It is founded on public policy to prevent multiplicity of proceedings and avoid parties being vexed twice over for the same litigation — Parties are expected to exercise reasonable diligence and bring forward every point that properly belonged to the subject of litigation and which they might and ought to have brought forward — Negligence, inadvertence, or accident in omitting a part of the case does not exempt from its application.

Jun 16, 2026 sclaw
Civil Procedure Code, 1908 (CPC) — Section 11, Explanation IV — Constructive Res Judicata — Application of the principle depends on the facts and circumstances of each case, considering the ambit of earlier proceedings and the nexus of the matter to the controversy — It is founded on public policy to prevent multiplicity of proceedings and avoid parties being vexed twice over for the same litigation — Parties are expected to exercise reasonable diligence and bring forward every point that properly belonged to the subject of litigation and which they might and ought to have brought forward — Negligence, inadvertence, or accident in omitting a part of the case does not exempt from its application.
C P C
Civil Procedure Code, 1908 (CPC) — Section 11, Explanation IV — Constructive Res Judicata — Application of the principle depends on the facts and circumstances of each case, considering the ambit of earlier proceedings and the nexus of the matter to the controversy — It is founded on public policy to prevent multiplicity of proceedings and avoid parties being vexed twice over for the same litigation — Parties are expected to exercise reasonable diligence and bring forward every point that properly belonged to the subject of litigation and which they might and ought to have brought forward — Negligence, inadvertence, or accident in omitting a part of the case does not exempt from its application.
Motor Vehicles Act, 1988 — Section 165 and 166 — Liability for injuries sustained due to falling tree branch — Injuries caused by falling tree branch while vehicle was stationary under the tree during rain — Held, not an accident “arising out of the use of a motor vehicle” as the motor vehicle did not play an active role. [
Accident
Motor Vehicles Act, 1988 — Section 165 and 166 — Liability for injuries sustained due to falling tree branch — Injuries caused by falling tree branch while vehicle was stationary under the tree during rain — Held, not an accident “arising out of the use of a motor vehicle” as the motor vehicle did not play an active role. [
Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Sections 24, 33(5), 36, 39 — Child-sensitive judicial processes — Mandatory safeguards for child victims — Courts must ensure child-friendly procedures, minimum intrusion, and psychological safety, avoiding re-traumatisation and secondary victimisation in all proceedings concerning children, especially those involving allegations of sexual abuse.
POCSO
Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Sections 24, 33(5), 36, 39 — Child-sensitive judicial processes — Mandatory safeguards for child victims — Courts must ensure child-friendly procedures, minimum intrusion, and psychological safety, avoiding re-traumatisation and secondary victimisation in all proceedings concerning children, especially those involving allegations of sexual abuse.
Disciplinary proceedings — Dismissal from service — Competence of authority — Employee appointed by Superintending Engineer, dismissed by Executive Engineer — Dismissal order held valid as Executive Engineer was competent under MSEDCL Service Regulations to punish an employee of Appellant’s pay grade — Article 311 of Constitution not applicable as Appellant did not hold a civil post under Union or State.
Service
Disciplinary proceedings — Dismissal from service — Competence of authority — Employee appointed by Superintending Engineer, dismissed by Executive Engineer — Dismissal order held valid as Executive Engineer was competent under MSEDCL Service Regulations to punish an employee of Appellant’s pay grade — Article 311 of Constitution not applicable as Appellant did not hold a civil post under Union or State.
Cheque Dishonour

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.

Oct 2, 2025 sclaw

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…

Arbitration

Arbitration and Conciliation Act, 1996 — Sections 34 and 37 — Setting aside of arbitral award — Scope of interference — Courts are prohibited from rewriting contracts and should not interfere with arbitral awards unless grounds under Section 34 are met, such as violation of public policy or patent illegality. Interference is justified when an award shocks the conscience or is contrary to basic notions of justice. The scope of appeal under Section 37 is narrower than Section 34.

Oct 2, 2025 sclaw

2025 INSC 1171 SUPREME COURT OF INDIA DIVISION BENCH SEPCO ELECTRIC POWER CONSTRUCTION CORPORATION Vs. GMR KAMALANGA ENERGY LTD. ( Before : B. R. Gavai, CJI. and Augustine George Masih,…

I P C

Penal Code, 1860 (IPC) — Section 302 — Murder — Conversion of conviction — Where evidence shows that though accused had knowledge that injuries would cause death, there is no material to prove intention to kill, conviction under Section 302 IPC is not tenable and should be converted to Section 304 Part I IPC.

Oct 2, 2025 sclaw

2025 INSC 1172 SUPREME COURT OF INDIA DIVISION BENCH RAGHAV PRASHAD AND OTHERS Vs. STATE OF U.P. ( Before : B.R.Gavai, CJI. and K. Vinod Chandran, J. ) Criminal Appeal…

Acquittal

Criminal Procedure Code, 1973 (CrPC) — Section 374(2) — Appeals against conviction — High Court’s power to acquit — High Court, after considering evidence and finding patent infirmities and insufficiency of evidence in the prosecution case, rightly acquitted the accused giving them the benefit of doubt.- Evidence Act, 1872 — Section 65-B — Electronic records — Call detail records — Non-production of certificate under Section 65-B along with call detail records renders them inadmissible — Handwritten notes of call details without examining the scribe are not proved according to law.

Oct 2, 2025 sclaw

2025 INSC 1166 SUPREME COURT OF INDIA DIVISION BENCH STATE OF RAJASTHAN Vs. BHANWAR SINGH ETC. ETC ( Before : Sandeep Mehta and Joymalya Bagchi, JJ. ) Criminal Appeal No(s).…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Clubbing of FIRs — Multiple FIRs registered across different states for same cause of action — Generally, it is illegal and overambitious to club FIRs from various states and future FIRs — Prayer for clubbing future FIRs cannot be granted by any court — This power may be exercised under Article 142 of the Constitution with consent of states.

Oct 2, 2025 sclaw

2025 INSC 1174 SUPREME COURT OF INDIA DIVISION BENCH ODELA SATYAM AND ANOTHER Vs. THE STATE OF TELANGANA AND OTHERS ( Before : B. R. Gavai, CJI. and K. Vinod…

Will & Succession

Indian Succession Act, 1925 — Section 306 — Abatement of suits — Claim for compensation for personal injury under Motor Vehicles Act, 1988 — Right to claim compensation survives to legal representatives upon death of injured claimant, irrespective of cause of death — Amendment to Section 167 of Motor Vehicles Act, 1988 by Act 32 of 2019 with effect from 01.04.2022 is retrospective and applicable to pending appeals — Preliminary objection by insurance company regarding abatement of appeal on death of claimant rejected

Sep 28, 2025 sclaw

2025 INSC 1177 SUPREME COURT OF INDIA DIVISION BENCH DHANNALAL ALIAS DHANRAJ (DEAD) THR. LRS. Vs. NASIR KHAN AND OTHERS ( Before : K. Vinod Chandran and N. V. Anjaria,…

Accident

Motor Vehicles Act, 1988 — Section 149 — Liability of insurer — Award of compensation — Insurance policy validity — Truck driver’s rash and negligent driving caused death of security guard — Tribunal awarded compensation to claimants — Insurance Company argued policy was not valid on accident date due to fraudulent alteration of dates by owner — This contention was raised only in review petition, not in main proceedings — Insurer failed to prove fraud — Review application dismissed for lack of power by Tribunal.

Sep 28, 2025 sclaw

2025 INSC 1178 SUPREME COURT OF INDIA DIVISION BENCH NEW INDIA ASSURANCE CO. LTD Vs. NARAYAN SINGH AND OTHERS ( Before : K. Vinod Chandran and N.V. Anjaria, JJ. )…

Corporate

Competition Act, 2002 — Sections 3(1), 3(3)(b), 27, 48 — Anti-competitive agreements — Penalty on office-bearers — Principles of natural justice — Show cause notice — Opportunity of hearing — Commission’s power to differ with DG — Competent to impose penalties and behavioural remedies on individuals responsible for contravention after due process.

Sep 28, 2025 sclaw

2025 INSC 1167 SUPREME COURT OF INDIA DIVISION BENCH COMPETITION COMMISSION OF INDIA Vs. KERALA FILM EXHIBITORS FEDERATION AND OTHERS ( Before : Manoj Misra and K. V. Viswanathan, JJ.…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Essential conditions — If allegations in FIR or complaint, even if taken at face value, do not prima facie constitute an offence or make out a case against the accused, quashing is justified — Vague and general allegations are insufficient to establish a prima facie case.

Sep 28, 2025 sclaw

2025 INSC 1168 SUPREME COURT OF INDIA FULL BENCH SANJAY D. JAIN AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS ( Before : B.R. Gavai, CJI., K. Vinod Chandran and…

You missed

C P C

Civil Procedure Code, 1908 (CPC) — Section 11, Explanation IV — Constructive Res Judicata — Application of the principle depends on the facts and circumstances of each case, considering the ambit of earlier proceedings and the nexus of the matter to the controversy — It is founded on public policy to prevent multiplicity of proceedings and avoid parties being vexed twice over for the same litigation — Parties are expected to exercise reasonable diligence and bring forward every point that properly belonged to the subject of litigation and which they might and ought to have brought forward — Negligence, inadvertence, or accident in omitting a part of the case does not exempt from its application.

Jun 16, 2026 sclaw
Accident

Motor Vehicles Act, 1988 — Section 165 and 166 — Liability for injuries sustained due to falling tree branch — Injuries caused by falling tree branch while vehicle was stationary under the tree during rain — Held, not an accident “arising out of the use of a motor vehicle” as the motor vehicle did not play an active role. [

Jun 16, 2026 sclaw
POCSO

Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Sections 24, 33(5), 36, 39 — Child-sensitive judicial processes — Mandatory safeguards for child victims — Courts must ensure child-friendly procedures, minimum intrusion, and psychological safety, avoiding re-traumatisation and secondary victimisation in all proceedings concerning children, especially those involving allegations of sexual abuse.

Jun 16, 2026 sclaw
Service

Disciplinary proceedings — Dismissal from service — Competence of authority — Employee appointed by Superintending Engineer, dismissed by Executive Engineer — Dismissal order held valid as Executive Engineer was competent under MSEDCL Service Regulations to punish an employee of Appellant’s pay grade — Article 311 of Constitution not applicable as Appellant did not hold a civil post under Union or State.

Jun 16, 2026 sclaw