Supreme Court Archives

No DNA Test unless Section 112 Presumption of Legitimacy is rebutted and paternity question linked to offence: Inside Supreme Court Ruling

“Scientific procedures, however advanced, cannot be employed as instruments of speculation; they must be anchored in demonstrable relevance to the charge and justified by compelling investigative need.”

Case Briefs Supreme Court

Order rejecting plaint under Or VII R 11 CPC is appealable under Section 13(1A) of Commercial Courts Act: Supreme Court

The Supreme Court distinguished Bank of India v. Maruti Civil Works, 2023 SCC OnLine Bom 2667, noting that it dealt with orders under Order VII Rules 10 and 11(d) CPC, which are not appealable under Order XLIII CPC.

Case Briefs Supreme Court

Bail not an acquittal: Supreme Court sets aside Allahabad HC order that absolved four in 19-year-old’s kidnapping and murder case

The Court set aside the Allahabad High Court’s order granting bail to four accused in the kidnapping and murder of nineteen-year-old, the Court has reaffirmed that the exercise of judicial discretion must remain anchored to principle and process.

Case Briefs Supreme Court

Supreme Court quashes Bihar Rule mandating mutation proof for property registration; highlights deficiencies in land registration system

Technological advancement such as blockchain design could integrate cadastral maps, survey data, and revenue records into a single verifiable framework, which, while maintaining a transparent audit trail, is accessible to multiple departments and the public.

Case Briefs Supreme Court

Judges do not sit to settle scores but to settle law: Supreme Court reasserts Judicial Discipline and Obedience to Precedents

The observations came in an appeal against the Bombay High Court ruling wherein the binding precedent in Godrej & Boyce Mfg. Co. Ltd. v. State of Maharashtra (2014) 3 SCC 430 was not followed.

Case Briefs Supreme Court

Supreme Court issues directions addressing rise in dog bites incidents within institutional areas & road accidents caused by stray cattle

“The State and its instrumentalities bear an affirmative obligation to ensure that no citizen, least of all children, elderly people and patients, are exposed to preventable injury or disease within public premises”.

suppression of criminal antecedents by election candidate

Case Briefs Supreme Court

Non-disclosure/suppression of previous conviction by candidate renders election void; hampers free exercise of electoral right: Supreme Court

Non-furnishing information pertaining to criminal antecedents has the effect of causing undue influence which creates an impediment in the free exercise of electoral right by a voter.

Case Briefs Supreme Court

Communicating the grounds of arrest mandatory; Non-compliance would render the arrest and subsequent remand as illegal: Supreme Court

“The arrest of an individual invariably impacts not only the person arrested himself, but also the persons associated with him, i.e. family, friends, relatives, etc., affecting their psychological balance and overall social well-being”.

stage carriage permit inter-state routes

Case Briefs Supreme Court

Supreme Court prioritises passenger interests, bars private bus operators on inter-state routes overlapping notified intra-state routes

“None can possibly dispute that the nation having made substantial progress in the road transport sector, interests of passengers and commuters ought to be of prime concern for the transport authorities; in this case, of both the States, i.e., UP and MP”

Case Briefs Supreme Court

Supreme Court issues notice in petition seeking ban on online gambling/betting games operating in the guise of e-sports games

The petitioners further stated that there are about two thousand Online Apps operating relating to betting and gambling and stated that the government should take immediate action in this regard in larger public interest.

SC rejects reservation specially-abled advocates

Case Briefs Supreme Court

Supreme Court refuses plea seeking reservation for specially-abled advocates in Bar Council and Bar Associations; Asks BCI to consider the cause

“The instant writ petition, purportedly in public interest, has been filed inter alia seeking a direction to the Bar Council of India and Bar Council of Uttar Pradesh to reserve some of the positions in the Bar Council and Bar Associations for persons with disabilities, who are practicing as advocates.”

Case Briefs Supreme Court

Supreme Court issues notice in petition seeking direction for ECI to frame Rules for regulation of Political Parties

The petition sought further direction for the Centre to take steps to reduce the menace of Corruption, Casteism, Linguism, Regionalism, Communalism & Criminalization in politics.

Case Briefs Supreme Court

Abetment of suicide | Mere refusal to marry even if true by itself would not amount to instigation under S. 107 IPC: Supreme Court

“In the case on hand, even if we believe that the accused due to opposition and pressure from his family declined to get married with the deceased, it could not be said that he led to a situation by which the deceased was left with no other option but to commit suicide.”

Case Briefs Supreme Court

Supreme Court explains impact of undue and unexplained delay on validity of arbitral awards

Supreme Court held that the undue delay and indecisive conduct of the Arbitrator, which culminated in a rudderless Award, were utterly shocking, as he completely lost sight of the fundamental purpose of the arbitration process.

Case Briefs Supreme Court

To Summon or not to Summon an Advocate? Inside important SC directions to guide Investigators & protect Client-Advocate privilege

“When a person cannot incriminate himself, he cannot be prejudiced or incriminated by the statement of his counsel, only on the basis of the professional communications he had with his counsel, in confidence”.

Case Briefs Supreme Court

‘High Courts are expected to keep their hands away when Supreme Court is seized of any judicial matter’: SC in Corbett Tiger Reserve case

During the course of suo motu action on illegal constructions and rampant felling of trees in the Corbett Tiger Reserve, the Supreme Court granted an order of sanction vis-a-vis an officer, who then went on to challenge it before Uttaranchal High Court and obtained a stay.

Case Briefs Supreme Court

‘Expecting insurer to pay third-party compensation beyond terms of agreement is unfair’: Supreme Court upholds pay and recover principle in motor accident claims

To deny compensation to the victim/dependents of the victim, simply because the accident took place outside the bounds of the permit would be offensive to the sense of justice, for the accident itself is for no fault of his.

Case Briefs Supreme Court

Stick to enrollment fee limits or face contempt: SC directs BCI to issue written circulars to all State Bar Councils to ensure compliance with statutory limits

“We make it clear that in future if it is brought to our notice that any of the State Bar Council is charging beyond the statutory fee prescribed, we shall proceed to hold the responsible authority guilty of contempt. This aspect should also be highlighted by the Bar Council of India in the Circular we are asking them to issue.”

Case Briefs Supreme Court

‘Members of unlawful assembly vicariously liable once common object and participation are proved, regardless of individual acts’; SC upholds conviction of 3 in murder case

“The Trial Court overlooked the consistent and corroborated testimony of injured eyewitnesses and failed to appreciate the legal effect of the active participation of the appellants as members of an unlawful assembly. The High Court, in reversing the acquittal, has given cogent and well-reasoned findings based on a proper appraisal of the record.”

Case Briefs Supreme Court

Whether an industrial entity could be benefitted from Kedar Nath Yadav (2017) ruling on Singur Land Restoration? Inside Supreme Court’s decision

The Supreme Court in Kedar Nath Yadav v. State of W.B., (2017) 11 SCC 601, had quashed the acquisition proceedings for Tata Motors’ Nano Car project in Singur, Hooghly and directed restoration of land to the original landowners/cultivators by the State.