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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.
Customs & Excise

Central Excise Act, 1944 — Section 2(f) — Definition of “Manufacture” — Test for Manufacture — Transformation Test and Marketability Test — Process of containerising Gensets by adding components like radiator, ventilation fan, etc., held to amount to “manufacture” as it resulted in a distinct product with a new identity and character.

Sep 21, 2025 sclaw

2025 INSC 1130 SUPREME COURT OF INDIA DIVISION BENCH M/S QUIPPO ENERGY LTD. Vs. COMMISSIONER OF CENTRAL EXCISE AHMEDABAD – II ( Before : J.B. Pardiwala and K.V.Viswanathan, JJ. )…

Constitution

Constitution of India, 1950 — Article 19(1)(c) — Freedom of association — Not absolute — Restrictions can be imposed for good governance and public interest, especially in sports administration to ensure transparency, accountability, and professionalism — AIFF Constitution’s mandate for State associations to conform to its provisions supported.

Sep 21, 2025 sclaw

2025 INSC 1131 SUPREME COURT OF INDIA DIVISION BENCH ALL INDIA FOOTBALL FEDERATION Vs. RAHUL MEHRA AND OTHERS ( Before : Pamidighantam Sri Narasimha and Joymalya Bagchi, JJ. ) Civil…

Cheque Dishonour

. Negotiable Instruments Act, 1881 — Sections 138, 141, 142, Proviso (b) — Dishonour of Cheque — Demand Notice — Validity — Requirement of notice to demand the “said amount of money” — “Said amount of money” refers to the cheque amount itself — Demand for an amount different from the cheque amount invalidates the notice — Typographical errors in the amount are not a valid defence as the provision is penal and requires strict compliance — Notice must be precise regarding the dishonoured cheque amount

Sep 21, 2025 sclaw

2025 INSC 1133 SUPREME COURT OF INDIA DIVISION BENCH KAVERI PLASTICS Vs. MAHDOOM BAWA BAHRUDEEN NOORUL ( Before : B.R. Gavai, CJI. and N.V. Anjaria, J. ) Criminal Appeal Nos….of…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 223(d) — Persons accused of different offences committed in the course of the same transaction may be charged and tried together — Legislative intent is to prevent multiplicity of proceedings, avoid conflicting judgments, and promote judicial economy while ensuring fairness — Segregation without legally recognized grounds like distinct facts, severable evidence, or demonstrated prejudice, is impermissible.

Sep 16, 2025 sclaw

2025 INSC 1113 SUPREME COURT OF INDIA DIVISION BENCH MAMMAN KHAN Vs. STATE OF HARYANA ( Before : J. B. Pardiwala and R. Mahadevan, JJ. ) Criminal Appeal No. 4002…

Anticipatory Bail

Penal Code, 1860 (IPC) — Sections 420, 463, 465, 467, 468, 471, 474 read with Section 34 — Offences relating to cheating and forgery — Anticipatory bail — Rejection challenged — Appellants, public servants at the time, accused of certifying mutation entries based on forged documents — High Court rejected anticipatory bail — Supreme Court affirmed the High Court’s decision

Sep 16, 2025 sclaw

2025 INSC 1114 SUPREME COURT OF INDIA DIVISION BENCH ANNA WAMAN BHALERAO Vs. STATE OF MAHARASHTRA ( Before : J.B. Pardiwala and R. Mahadevan, JJ. ) Criminal Appeal No. 4004…

Constitution

Waqf Act, 1995 (as amended) — Challenge to constitutional validity of amendments — Petitioners contended that amendments are ultra vires the Constitution, violating fundamental rights including Articles 14, 15, 19, 21, 25, 26, 29, 30 and 300A. Respondents argued for legislative competence and presumption of validity of enactments. Court emphasized that statutes should only be declared unconstitutional if there is a clear, glaring, and undeniable violation of constitutional principles or fundamental rights, or if manifestly arbitrary, and that courts must strive to uphold legislative validity.

Sep 16, 2025 sclaw

2025 INSC 1116 SUPREME COURT OF INDIA DIVISION BENCH IN RE: THE WAQF AMENDMENT ACT, 2025 (1) ( Before : B.R. Gavai, CJI. and Augustine George Masih, J. ) Writ…

Consumer

Consumer Protection Act, 1986 — Section 25 — Enforcement of orders — Pre-2002 amendment and post-2019 Act, all orders could be enforced as decrees. The period between 15.03.2003 to 20.07.2020 saw an anomaly where only interim orders (and monetary recovery) were clearly enforceable under Section 25, leaving final non-monetary orders in a gap. Interpretation of Statutes — Casus omissus — Court can fill gaps in legislation using interpretative tools like purposive construction when literal interpretation leads to absurdity or defeats the object of the Act, especially for remedial legislation like the Consumer Act.

Sep 2, 2025 sclaw

2025 INSC 1023 SUPREME COURT OF INDIA DIVISION BENCH PALM GROVES COOPERATIVE HOUSING SOCIETY LTD. Vs. M/S MAGAR GIRME AND GAIKWAD ASSOCIATES ETC. ( Before : J.K. Maheshwari and Rajesh…

State Laws

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Chapter I-A — Slum Rehabilitation Schemes — Preferential right of landowner to redevelop — Section 3B(4)(e) and Section 13(1) confer a preferential right on the landowner to redevelop a Slum Rehabilitation Area (SR Area) — SRA can undertake redevelopment only if the landowner fails to come forward with a scheme within a reasonable time

Sep 2, 2025 sclaw

2025 INSC 1015 SUPREME COURT OF INDIA DIVISION BENCH TARABAI NAGAR CO-OP. HOG. SOCIETY (PROPOSED) Vs. THE STATE OF MAHARASHTRA AND OTHERS ( Before : Surya Kant and Nongmeikapam Kotiswar…

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