Civil Procedure Code, 1908 (CPC) — Order 21 Rule 90 & Section 47 — Setting aside of sale — Application for — Delay — HC correctly held that application to set aside sale was barred by limitation as it was filed almost two years three months after the sale, and Section 5 of Limitation Act does not apply to proceedings under Order XXI.
2025 INSC 1040 SUPREME COURT OF INDIA DIVISION BENCH SRI R RAGHU Vs. SRI G M KRISHNA AND ANOTHER ( Before : Vikram Nath and Prasanna B. Varale, JJ. )…
Criminal Procedure — Delay in Judgment Pronouncement — Supreme Court directs High Courts to adhere to existing guidelines for timely pronouncement of reserved judgments and reiterates specific directions for cases where judgment is not delivered within three months of being reserved, including placing the matter before the Chief Justice for reassignment if not pronounced within two weeks thereafter.
2025 INSC 1039 SUPREME COURT OF INDIA DIVISION BENCH RAVINDRA PRATAP SHAHI Vs. STATE OF U.P. AND OTHERS ( Before : Sanjay Karol and Prashant Kumar Mishra, JJ. ) Criminal…
Family Law — Partition Suit — Evidence — Testimony of a credible witness with special means of knowledge, coupled with presumption of marriage from prolonged cohabitation and absence of rebuttal by the opposing party, is sufficient to establish a valid marital relationship and grant a decree for partition.- Evidence Act, 1872 — Section 50 — Opinion on relationship, when relevant — Testimony of a witness with special means of knowledge of the relationship, including opinion expressed by conduct, is relevant — Witness resided in the same village, had long-standing familiarity, and spoke from personal observation, thus satisfying the requirement of special means of knowledge.
2025 INSC 1038 SUPREME COURT OF INDIA DIVISION BENCH CHOWDAMMA (D) BY LR AND ANOTHER Vs. VENKATAPPA (D) BY LRS AND ANOTHER ( Before : Sanjay Karol and Prashant Kumar…
Arbitration and Conciliation Act, 1996 — Section 45 — Reference to arbitration — Existence of arbitration agreement — Contract not signed by one party — Parties acted upon the contract, including lifting goods and issuing Letters of Credit — Emails confirming terms and modifications — Held, agreement to arbitrate is inferred from conduct and electronic communications, even without signatures — Mere failure to sign does not invalidate the arbitration agreement if parties’ conduct demonstrates acceptance of terms.
2025 INSC 1036 SUPREME COURT OF INDIA DIVISION BENCH GLENCORE INTERNATIONAL AG Vs. M/S. SHREE GANESH METALS AND ANOTHER ( Before : Sanjay Kumar and Satish Chandra Sharma, JJ. )…
Electricity Law — Regulatory Power — Balancing contractual obligations and public interest —directions for restoration of PBG, extension of timelines, and tariff renegotiation must be within the four corners of the contract.
2025 INSC 1034 SUPREME COURT OF INDIA DIVISION BENCH CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY LTD. (CESC) Vs. SAISUDHIR ENERGY (CHITRADURGA) PVT. LTD. AND ANOTHER ( Before : Sanjay Kumar and Satish…
Arbitration and Conciliation Act, 1996 — Sections 47 and 49 — Enforcement of Foreign Award — High Court found no grounds to refuse recognition of the award and held it enforceable, subject to RBI approval — Supreme Court agreed with this conclusion and directed execution proceedings to proceed.
SUPREME COURT OF INDIA DIVISION BENCH GPE (INDIA) LTD AND OTHERS Vs. TWARIT CONSULTANCY SERVICES PRIVATE LIMITED AND ANOTHER ( Before : J.B. Pardiwala and K.V. Viswanathan, JJ. ) Petition(s)…
Goa Children’s Act, 2003 — Section 8(2) and Section 2(m) — Child Abuse — Conviction unsustainable — Accused allegedly casually hit injured child with own son’s school bag — No evidence of deliberate maltreatment, cruelty, exploitation or ill-treatment intended to cause harm — Act exceeded mere incidental quarrel — Medical examination could not rule out possibility of injury from fall — High Court also reduced sentence substantially — Held, conviction for child abuse not made out.
2025 INSC 1041 SUPREME COURT OF INDIA DIVISION BENCH SANTOSH SAHADEV KHAJNEKAR Vs. THE STATE OF GOA ( Before : Sanjay Karol and Sandeep Mehta, JJ. ) Criminal Appeal No(s).…
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.
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).…
Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 — Section 11(2) — Priority of payment of dues — Employees’ Provident Fund Organisation (EPFO) has a first charge on the assets of an establishment for its dues.
2025 INSC 1045 SUPREME COURT OF INDIA FULL BENCH M/S EDELWEISS ASSET RECONSTRUCTION LIMITED Vs. REGIONAL PF COMMISSIONER II AND RECOVERY OFFICER, RO BENGALURU (KORAMANGALA) AND ANOTHER ( Before :…
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.
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. )…