Supreme Court Archives

imminent death no pre-requisite for dying declaration

Supreme Court: Imminence of death not a pre-requisite under Section 32(1) Evidence Act for dying declaration admissibility

A statement made by a deceased person, regarding the cause of his death or to the circumstances which led to his death, to a Police Officer and recorded under Section 161 CrPC, shall be relevant and admissible under Section 32(1) of the Evidence Act, 1872.

extra requirement for stamp duty exemption

Case Briefs Supreme Court

SC sets aside ‘Superfluous’ Requirement of Assistant Registrar’s recommendation for Stamp Duty Exemption; Upholds Ease of Transactions for Cooperative Societies

The Court observed that administrative procedures should avoid complexity, redundant requirements, and unnecessary burdens, which waste time, expense, and disturb peace of mind.

Case Briefs Supreme Court

Accessible grievance redressal mechanism; Inclusive education; Mobility aids: SC issues additional directions on rights of disabled prisoners

The Court directed that directions issued in L. Muruganantham v. State of T.N., 2025 SCC OnLine SC 1444, shall be extended to all the States and the Union Territories, to ensure that the principles are adopted mutatis mutandis within their prison systems as well.

Parties cannot challenge agreed interest rate

Case Briefs Supreme Court

Parties agreeing to rate of interest cannot later challenge it on ground of public policy: SC upholds 36% interest in BPL-Morgan Securities and Credits case

BPL Ltd., having knowingly entered into the bill discounting agreement, was bound by its terms. Since it defaulted on repayment for years, the stipulated 36% compound interest could not be considered burdensome or oppressive.

30% women reservation in State Bar Councils

Case Briefs Supreme Court

BCI must construe existing framework to ensure 30% seats in State Bar Council are occupied by women members: Supreme Court

The Court directed that the complete details by the Bar Council of India to be furnished on 08-12-2025; and clarified that the relevant Rules shall be deemed to have been amended providing making a provision for such reservation.

Case Briefs Supreme Court

Work from Home cannot give parent an upper hand regarding child custody matters: Supreme Court

The Court stated that with working parents, it is expected that they cannot always be physically with their children, however, this cannot be a ground to place the child’s custody with the parent who may be temporarily working from home.

UPSC for deployment of screen reader software

Case Briefs Supreme Court

Include provision for Scribes; Deployment of Screen Reader Software for visually impaired candidates: SC issues necessary directions to UPSC

“The rights guaranteed to persons with disabilities are not acts of benevolence, but expressions of the constitutional promise of equality, dignity, and non-discrimination enshrined in Articles 14, 19, and 21 of the Constitution”.

filing chargesheet where there is pending civil dispute

Case Briefs Supreme Court

Police & Courts must be circumspect in filing chargesheet and framing charges where there is pending civil dispute between parties: SC

“In a society governed by rule of law, the decision to file a chargesheet should be based on the Investigating Officer’s determination of whether the evidence collected provides a reasonable prospect of conviction.”

Case Briefs Supreme Court

Divorced Muslim Women can reclaim Gifts and Property Given at Marriage: Supreme Court stresses on Social Justice in Interpreting 1986 Act

The object of the Muslim Women (Protection of Rights on Divorce) Act is to secure the dignity and financial protection of a Muslim women post her divorce which aligns with the rights of a women under Article 21 of the Constitution of India.

Case Briefs Supreme Court

Parity cannot be the sole ground for bail: Supreme Court emphasises Role Differentiation among Co-Accused

The Court explained that when weighing an application on parity, it is ‘position’ of the accused in crime, i.e., his role, that is the clincher.

Case Briefs Supreme Court

Supreme Court clears the air on which Court has the jurisdiction to try complaint under S. 138 NI Act in respect of account payee cheque

“For deciding jurisdiction, it is not sufficient to establish whether a person maintains an account in a particular bank. It is necessary to also ascertain the specific branch of the bank in which he maintains the account to completely and unambiguously decide the said question”.

Case Briefs Supreme Court

SC issues major clarification on 3-year legal practice requirement for Judicial Officers appointed prior to its 20th May judgment

On 20-5-2025, in a significant decision, the Supreme Court restored minimum three-year legal practice requirement for eligibility in civil judge exams and made it mandatory.

Supreme Court disclosure private universities

Case Briefs Supreme Court

Private Universities face Supreme Court Scrutiny; Full Disclosure on Set-Up and Governance sought from Centre, States & UGC

The Court will examine the establishment and functioning of private Universities across the country in the larger public interest.

list petitions attached with black & white photos

Case Briefs Supreme Court

Supreme Court directs Registry not to list paper-books appended with black and white photographs

“Directions should be circulated within the AORs that unless proper coloured photographs, along with distance dimensions and supported by a conceptual plan, are appended, no such material shall be allowed to be placed on record”.

Case Briefs Supreme Court

Supreme Court deletes direction requiring former NUJS VC to include its order on alleged incidents of sexual misconduct in his resume

The Court clarified that its intention in adding the impugned sentence was only to apprise the public with regard to the incident which had taken place involving the Respondent.

Case Briefs Supreme Court

Supreme Court directs Centre to prepare Sustainable Mining Plan for Aravali Range; no new mining leases to be granted until plan is finalized

Aravali Hills and Ranges is an area comprising significant biodiversity. The Range also act as a green barrier thereby preventing desertification in the Indo-Gangetic plains, Haryana, and western Uttar Pradesh.

Case Briefs Supreme Court

“Investigation cannot continue endlessly”: Supreme Court issues directions

“The accused cannot be made to suffer endlessly with this threat of continuing investigation and eventual trial proceedings bearing over their everyday existence.”

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Discharge of Governor & President’s functions under Arts 200/201 not justiciable; Not appropriate to judicially prescribe timelines: Supreme Court

The Court clarified that while the Governor continues to enjoy personal immunity, the constitutional office of the Governor is subject to the jurisdiction of the Supreme Court.

Case Briefs Supreme Court

Supreme Court quashes Tribunals Reforms Act, 2021 provisions on appointment, tenure; directs Centre to establish National Tribunals Commission

It is indeed unfortunate that instead of giving effect to the well-established principles regarding independence and functioning of tribunals, the legislature has chosen to re-enact or re-introduce provisions that reopen the same constitutional debates under different enactments and rules.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Annual 4-point roster to determine seniority in HJS; This & other Supreme Court Directions impacting statewide HJS cadres

“The statutory rules governing the HJS in the respective States, in consultation with the High Courts, shall prescribe the exact modalities of the Annual Roster and how the directions of this judgement shall be implemented”.