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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.
I P C

Penal Code, 1860 — Sections 302, 376(2)(g), 201 – Conviction and sentence for rape and murder – Appeal against – Circumstantial evidence – Prosecution failed to establish complete chain of incriminating circumstances beyond reasonable doubt – Testimony of prosecution witnesses contained contradictions and improbabilities – Suspicious conduct of accused attributed as improvement – Reliance on DNA reports found unjustified due to failure to establish sanctity and chain of custody of samples – Supplementary DNA report inadmissible as expert was not recalled and report not put to accused.

Aug 31, 2025 sclaw

2025 INSC 1042 SUPREME COURT OF INDIA FULL BENCH PUTAI Vs. STATE OF UTTAR PRADESH ( Before : Vikram Nath, Sanjay Karol and Sandeep Mehta, JJ. ) Criminal Appeal No(s).…

C P C

Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of plaint — Cause of action— Amendment of plaint — Substitution of proprietor for proprietorship concern — Held, a proprietorship concern is not a juristic person but a trade name for an individual business. The proprietor is the real party in interest. Substituting the proprietor for the proprietorship concern does not negate the cause of action, especially when the proprietor is the signatory to the lease deed.

Aug 31, 2025 sclaw

2025 INSC 1046 SUPREME COURT OF INDIA DIVISION BENCH DOGIPARTHI VENKATA SATISH AND ANOTHER Vs. PILLA DURGA PRASAD AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ. )…

Service Matters
Service

Tripura State Rifles Act, 1983 and Tripura State Rifles (Recruitment) Rules, 1984 — Recruitment of Enrolled Followers — Cancellation of ongoing recruitment process midway due to a new policy decision — Held, executive instructions cannot override statutory rules or the Act — Cancellation of recruitment process under executive instructions without amending the Act and Rules is arbitrary and illegal — New Recruitment Policy (NRP) stating that recommendations would be applicable prospectively cannot be applied to an ongoing process where interviews were already conducted.

Aug 31, 2025 sclaw

2025 INSC 1049 SUPREME COURT OF INDIA DIVISION BENCH PARTHA DAS AND OTHERS Vs. THE STATE OF TRIPURA AND OTHERS ( Before : J.K. Maheshwari and Rajesh Bindal, JJ. )…

Service Matters
Service

Boilers Act, 1923 — Sections 2(c), 28, 28A, 29 — Chief Inspector, Deputy Chief Inspector and Inspector (Qualification and Experience) Rules, 2012; Recruitment Rules, 2013 — Recruitment for Inspector of Boilers — Cancellation of ongoing recruitment process due to new recruitment policy framing weightage for interview — Held, new policy, being an executive instruction, cannot override statutory rules governing recruitment — Change of rules mid-game impermissible — Candidate has legitimate expectation of fair completion of recruitment — New policy, in absence of express retrospective application, applied prospectively and not to ongoing recruitment — Cancellation arbitrary and unjust.

Aug 31, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF TRIPURA AND OTHERS Vs. ARUNABHA SAHA AND ANOTHER ( Before : J.K. Maheshwari and Rajesh Bindal, JJ. ) Civil Appeal No.…

Service Matters
Service

Constitution of India, 1950 — Article 309 — Tripura Civil Service Rules, 1967 and Tripura Police Service Rules — Recruitment Rules framed under Article 309 have statutory force — Executive instructions (New Recruitment Policy) cannot override statutory rules unless rules are amended — Cancellation of a recruitment process at an advanced stage (after main examination) based on an executive policy change without amending statutory rules is unjustified and arbitrary.

Aug 31, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF TRIPURA AND ANOTHER Vs. SAMUDRA DEBBARMA AND OTHER ( Before : J.K. Maheshwari and Rajesh Bindal, JJ. ) Civil Appeal Nos.…

Direct Taxation Income Tax

Income Tax Act, 1961 — Section 276C(1) — Wilful attempt to evade tax — Prosecution for wilful attempt to evade tax requires proof of mens rea — Settlement Commission granted immunity from penalty after full disclosure, finding no suppression of facts or wilful evasion — Continuation of prosecution despite settlement order and lack of mens rea amounts to abuse of process of law.

Aug 31, 2025 sclaw

025 INSC 1048 SUPREME COURT OF INDIA DIVISION BENCH VIJAY KRISHNASWAMI @ KRISHNASWAMI VIJAYAKUMAR Vs. THE DEPUTY DIRECTOR OF INCOME TAX (INVESTIGATION) ( Before : J.K. Maheshwari and Vijay Bishnoi,…

Corporate G S T

Andhra Pradesh Motor Vehicles Taxation Act, 1963 — Section 3 — Levy of tax — Requirement of motor vehicle being used or kept for use in a ‘public place’ — ‘Public place’ defined under Section 2(34) of Motor Vehicles Act, 1988 as a road, street, way or other place to which public has a right of access — Visakhapatnam Steel Plant premises, being a restricted area with controlled access, not a public place — Tax not leviable on vehicles used exclusively within such premises.

Aug 31, 2025 sclaw

025 INSC 1052 SUPREME COURT OF INDIA DIVISION BENCH M/S. TARACHAND LOGISTIC SOLUTIONS LIMITED Vs. STATE OF ANDHRA PRADESH AND OTHERS ( Before : Manoj Misra and Ujjal Bhuyan, JJ.…

Service Matters
Service

Disciplinary Proceedings — Charges — Proof — Constable found 12 kms from camp when permitted to visit hospital — Detained by civilians due to unwarranted activities affecting reputation of Force — Charge of leaving camp without permission not proved, but being found at distant residential colony instead of hospital and subsequent detention sufficiently proved conduct unbecoming of member of Armed Forces.

Aug 31, 2025 sclaw

2025 INSC 1055 SUPREME COURT OF INDIA DIVISION BENCH CONST. AMAR SINGH Vs. UNION OF INDIA AND OTHER ( Before : Pamidighantam Sri Narasimha and Atul S. Chandurkar, JJ. )…

Evidence Act

Evidence Act, 1872 — Appreciation of Evidence — Testimony of victim’s family witnesses admitted no dowry demand until examination-in-chief in court — Neighbour’s testimony stating no dowry demand, although brushed aside by lower courts, is relevant and gains credibility when other evidence is lacking — Reason for discarding neighbour’s testimony as speculative was erroneous, as information about dowry harassment can spread widely.

Aug 31, 2025 sclaw

2025 INSC 1051 SUPREME COURT OF INDIA DIVISION BENCH SMT. BHAGWATI DEVI Vs. STATE OF UTTARAKHAND ( Before : Aravind Kumar and N.V. Anjaria, JJ. ) Criminal Appeal No. 2616…

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