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Supreme Court Collegium Approves Appointment of Judicial Officers and Advocates as Judges Across Multiple High Courts
Kiran Raj The Supreme Court Collegium, in its meetings held on July 1 and 2, 2025, approved several appointments and proposals for appointments of Judicial Officers and Advocates as Judges in various High Courts, including those of Delhi, Andhra Pradesh, Telangana, Madhya Pradesh, and Patna. The approved...
Supreme Court Upholds Victim’s Right To Appeal Acquittal | Proviso To Section 372 CrPC Is A Standalone Provision Not Controlled By Section 378
Kiran Raj The Supreme Court of India Division Bench of Justice Ahsanuddin Amanullah and Justice Prashant Kumar Mishra has ruled that an appeal filed under the proviso to Section 372 of the Code of Criminal Procedure, 1973, is maintainable by a victim even against an acquittal granted by a First Appellate Court. Setting aside a judg...
Supreme Court Confirms Life Term In Intel Engineer Murder Case | Criminal Appeals Dismissed But Sentence Temporarily Suspended | Accused Allowed To Seek Pardon From Karnataka Governor Under Artic...
Kiran Raj The Supreme Court of India Division Bench of Justice M. M. Sundresh and Justice Aravind Kumar dismissed the criminal appeals filed against a conviction under Section 302 read with Section 120B of the Indian Penal Code and Section 201 IPC. However, the Court granted liberty to the appellants to seek pardon under Article 16...
Supreme Court Quashes Rape And Assault FIRs Based On Settlement | Says Continuation Of Proceedings Would Be Abuse Of Process | Complainant Married And Unwilling To Pursue Charges Under Section 37...
Kiran Raj The Supreme Court Division Bench of Justice Vikram Nath and Justice Sanjay Kumar has quashed two criminal proceedings stemming from FIR Nos. 302 and 304 of 2023 registered at Mehunbare Police Station, District Jalgaon. The Court allowed the appeals arising from the dismissal of quashing petitions by the Bombay High Court,...
Supreme Court Dismisses Appeal Against Petrol Pump NOC | Finds Environmental Plea Filed To Serve Rival Business Interest | Imposes ₹50,000 Costs For Suppressing Parallel High Court Proceedings
Kiran Raj The Supreme Court Division Bench of Justice Pamidighantam Sri Narasimha and Justice Joymalya Bagchi has dismissed the civil appeals challenging the National Green Tribunal’s dismissal of an environmental application, concluding that the appellants suppressed material facts and initiated parallel proceedings with an...
Supreme Court : Secretly Recorded Calls Between Spouses Are Admissible In Divorce Cases | Section 122 Evidence Act Does Not Bar Disclosure In Matrimonial Suits | Right To Fair Trial Outweighs Spo...
Kiran Raj The Supreme Court of India Division Bench of Justice B.V. Nagarathna and Justice Satish Chandra Sharma held that a party to matrimonial litigation may produce covertly recorded conversations with their spouse as admissible evidence in proceedings for divorce. The Court set aside a High Court judgment that had disallowed s...
State Must Uphold Rights Of Prisoners With Disabilities | Supreme Court Issues Binding Directives To Tamil Nadu For Disability-Compliant Prisons And Police Sensitization
Kiran Raj The Supreme Court Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan has disposed of a civil appeal arising from a dispute over inadequate treatment and compensation following the wrongful incarceration of a person with disabilities. The Court upheld the High Court’s direction enhancing the compensati...
Section 39 Specific Relief Act Not A Tool To Bypass Policy Conditions | Supreme Court Explains Principles For Grant Of Mandatory Injunction In Oustee Plot Cases
Isabella Mariam The Supreme Court of India Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan delivered a significant judgement concerning oustee entitlements in the context of land acquisition. The Court held that the respondents cannot claim, as a matter of legal right, that they should be allotted plots under the...
Lawyer Must Disclose Party’s Death To Court Under Rule 10A | Supreme Court Says Suit Cannot Abate If Defendant’s Counsel Suppressed Death
Kiran Raj The Supreme Court of India Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan held that the High Court erred in concluding that a first appeal stood abated due to the death of some respondents, without considering the mandatory implications of Order XXII Rule 10A of the Code of Civil Procedure. The Court se...
Res Judicata Requires Full Trial If Fraud And Collusion Are Alleged | Supreme Court Says Objection Cannot Be Decided At Threshold Under Order VII Rule 11
Kiran Raj The Supreme Court of India Division Bench of Justice Pamidighantam Sri Narasimha and Justice Joymalya Bagchi set aside the High Court’s dismissal of a civil revision petition and restored a declaratory suit previously rejected on the ground of res judicata. The Bench directed the Trial Court to proceed with the suit...
Free Power Beyond 13% Is Not Illegal If Contractually Agreed | Supreme Court Says CERC Cap Applies Only To Tariff Calculation, Not State Royalties
Kiran Raj The Supreme Court of India Division Bench of Justice Pamidighantam Sri Narasimha and Justice Joymalya Bagchi allowed the appeal filed by the State and set aside the judgment of the High Court. The Court held that the Central Electricity Regulatory Commission (CERC) Regulations, 2019 do not bar a generating company from su...
PSU Cannot Deny Partnership Recognition Over Non-Participation Of All Heirs | Supreme Court Raps IOCL For Misreading Policy And Acting Arbitrarily After Partner’s Death
Kiran Raj The Supreme Court of India Division Bench of Justice Pankaj Mithal and Justice Ahsanuddin Amanullah has dismissed a Special Leave Petition filed by a statutory corporation challenging the High Court's directive to continue kerosene supply to a firm pending reconstitution. The Court held that the statutory authority acted...
SEBI Can Levy Interest From Adjudication Order Date Even If Not Mentioned | Supreme Court Says Liability Under SEBI Act Applies Retrospectively Through Statutory Mandate
Kiran Raj The Supreme Court of India Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan held that interest on unpaid penalties imposed by the Securities and Exchange Board of India (SEBI) shall accrue from the expiry of the compliance period set in the original adjudication orders, not from the subsequent demand noti...
‘Savior Turned Devil’ In Shelter Home Trafficking Case Loses Bail | Supreme Court Cancels Relief For Violating SC/ST Act And Ignoring Victim’s Right To Be Heard
Kiran Raj The Supreme Court Division Bench of Justice Vikram Nath and Justice Sandeep Mehta set aside the order of bail granted by the High Court to a protection home superintendent accused of orchestrating sexual exploitation of female inmates. The Court allowed the appeal filed by the victim and cancelled the bail of the accused,...
Supreme Court Dissolves Marriage Under Article 142 | Quashes 498A IPC Case And Directs IPS Officer-Wife And Her Parents To Apologize Publicly For False Allegations And Social Media Defamation
Kiran Raj The Supreme Court of India Division Bench of Chief Justice B.R. Gavai and Justice Augustine George Masih held that all pending criminal and civil litigations between two estranged spouses and their respective families are to be quashed in view of a comprehensive settlement between the parties. The Court directed the disso...
Supreme Court Acquits Two Men In Murder Case | Says Witnesses’ 16 Km Bicycle Ride In 30 Minutes Improbable, Disbelieves Eye-Witness Account And Questions Single-Assailant Theory In 26-Injury Deat...
Kiran Raj The Supreme Court of India Division Bench of Justice Vikram Nath and Justice Sandeep Mehta set aside the conviction and life sentence of two individuals previously found guilty under Section 302 read with Section 34 of the Indian Penal Code. In a significant judgment delivered on July 22, 2025, the Court quashed both the...
Registered Will Raises Presumption Of Genuineness | Supreme Court Confirms Second Wife’s Exclusive Ownership, Says Burden To Disprove Validity Lies On Opponent
Kiran Raj The Supreme Court of India Division Bench of Justice Vikram Nath and Justice Sandeep Mehta allowed a civil appeal arising from a title dispute involving agricultural land, affirming the validity of a registered Will and oral family arrangement. The Court declared that the trial court was "fully justified in decreeing the...
Supreme Court : "Fraud Unravels Everything," Recalls Its Own Judgment and Sets Aside High Court Order in NOIDA Land Dispute
Kiran Raj The Supreme Court of India, Division Bench comprising Justice Surya Kant, Justice Dipankar Datta, and Justice Ujjal Bhuyan, has declared as a nullity and recalled its own previous judgment dated May 5, 2022, and set aside the judgment and order dated October 28, 2021, passed by the High Court of Judicature at Allahabad. T...
Supreme Court Slams Jammu And Kashmir Police Over Custodial Torture | Orders CBI Probe And Rs 50 Lakh Compensation For Genital Mutilation Of Constable
Kiran Raj The Supreme Court of India Division Bench of Justice Vikram Nath and Justice Sandeep Mehta held that the nature and extent of custodial torture inflicted upon the appellant constituted the gravest violations of Article 21 of the Constitution. The Court quashed the FIR registered against the appellant and ordered that a fr...
Supreme Court Rejects Hyatt’s Appeal On India Tax Liability | Says Foreign Entity’s Temporary Indian Base Creates Permanent Establishment
Kiran Raj The Supreme Court of India Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan dismissed a series of appeals challenging the Delhi High Court's decision upholding the existence of a Permanent Establishment (PE) in India under Article 5(1) of the India-UAE Double Taxation Avoidance Agreement (DTAA). The Court...
Second Quashing Petition Under Section 482 CrPC Not Maintainable On Pre-Existing Grounds | Supreme Court Restores Criminal Complaint
Kiran Raj The Supreme Court of India Division Bench of Justice Vikram Nath and Justice Sandeep Mehta allowed an appeal challenging the High Court's order that had quashed a criminal complaint initiated by the appellant. The Court held that a second quashing petition, based on grounds available at the time of the first petition, was...
Supreme Court Calls For Clear Guidelines On ED Summons To Lawyers | Even If Advice Is Wrong It Is Privileged Communication
Kiran Raj The Supreme Court on July 21 urged the need for clear guidelines to regulate the summoning of lawyers by the Enforcement Directorate (ED) and other investigating agencies for legal advice provided to clients in criminal cases. A three judge bench comprising Chief Justice of India (CJI) BR Gavai, Justice K Vinod Chandran,...
"Section 26 of AP Reorganisation Act Must Yield to Article 170(3); No Premature Delimitation Permissible": Supreme Court Upholds Constitutional Bar and Rejects Plea for Increased Assembly Seats i...
Sanchayita Lahkar The Supreme Court of India, Division Bench of Justice Surya Kant and Justice Nongmeikapam Kotiswar Singh, has dismissed a plea seeking delimitation of legislative assembly constituencies in Andhra Pradesh and Telangana. The Court held that any increase in the number of assembly seats in these States, as contemplat...
Supreme Court: Mental Health A Fundamental Right Under Article 21 | Transfers NEET Student Death Probe To CBI | Issues Guidelines to Protect Mental Health Of Students In Colleges & Coaching Centr...
Kiran Raj The Supreme Court of India, Division Bench of Justice Vikram Nath and Justice Sandeep Mehta, has ordered the transfer of investigation into the unnatural death of a 17-year-old student to the Central Bureau of Investigation (CBI), citing ineffective and failed investigation by the local police. The Court further issued bi...
S.129 CGST Act | Mere Payment Of Penalty To Release Goods Doesn’t Waive Right To Challenge Levy | Supreme Court
Kiran Raj The Supreme Court Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan has held that where a notice under Section 129(3) of the Central Goods and Services Tax (CGST) Act, 2017 has been issued, the proper officer is mandatorily required to pass a final reasoned order, regardless of whether the taxpayer has mad...
"Court Cannot Turn a Blind Eye to the Trauma Inflicted on the Child": Supreme Court Restores Custody to Mother, Directs Structured Visitation Rights for Father Based on Psychological Evidence
Kiran Raj The Supreme Court of India Division Bench of Justice Vikram Nath and Justice Prasanna B. Varale held that permanent custody of a minor child shall remain with the mother, reversing an earlier order that had granted custody to the father. The court directed that the father shall be allowed specific visitation rights, both...
"Non-mention of Wife in Will a 'Tell-Tale Insignia' of Propounder, Not Testator": Supreme Court Invalidates Will Bequeathing Entire Property to Nephew, Upholds High Court's Reversal of Concurrent...
Kiran Raj The Supreme Court of India Division Bench of Justice Sanjay Karol and Justice Joymalya Bagchi held that the failure to mention the status of the wife or provide reasons for her disinheritance in the Will amounted to a suspicious circumstance, thereby rendering the Will invalid. The Court affirmed the Punjab and Haryana Hi...
Brutality Alone Cannot Justify Capital Punishment | Supreme Court Commutes Death Sentence to Life Without Remission in Child Rape-Murder Case
Kiran Raj The Supreme Court of India Divison Bench comprising Justice Vikram Nath, Justice Sanjay Karol, and Justice Sandeep Mehta has partially allowed a criminal appeal and modified the death sentence to life imprisonment without remission extending to the natural life of the appellant. The Court affirmed the conviction unde...
Supreme Court Quashes FIR Against National Badminton Stars | Criminal Process Cannot Be Used as Tool of Harassment Over Settled Birth Record Dispute
Kiran Raj The Supreme Court of India Division Bench of Justice Sudhanshu Dhulia and Justice Aravind Kumar has quashed criminal proceedings initiated against five individuals, including two national-level badminton players, a reputed coach, and their family members. The Court held that the continuation of proceedings would constitut...
Supreme Court Collegium Approves Series of Judicial Appointments Across High Courts
Kiran Raj In a major development, the Supreme Court Collegium, in its meeting held on July 28, 2025, has approved a series of judicial appointments and confirmations across several High Courts in the country. Appointments to the Bombay High Court
Supreme Court Enhances Compensation for Farmers After 30-Year Legal Battle | Rejects Averaging Method, Affirms Right to Highest Bona Fide Sale Exemplar in Land Acquisition Case
Kiran Raj The Supreme Court of India Division Bench of Chief Justice B.R. Gavai and Justice Augustine George Masih set aside a High Court judgment dismissing claimants' appeals seeking enhanced compensation for land acquired by the State of Maharashtra. The Apex Court held that the Reference Court erred in excluding the highest exe...
Supreme Court Upholds Conviction in POCSO Case but Modifies Life Sentence | Says Retrospective Application of Harsher 2019 Amendment Violates Article 20(1)
Kiran Raj The Supreme Court of India Division Bench of Justice Vikram Nath and Justice Sandeep Mehta held that sentencing provisions under a penal statute cannot be applied retrospectively if they impose a harsher punishment than what was permissible at the time of the offence. In a criminal appeal arising from the State of Chhatti...
Supreme Court to Begin Hearings on Presidential Reference on Governor and President’s Powers under Articles 200 and 201 from August 19
Kiran Raj The Supreme Court on Monday, July 29, scheduled August 19 as the date for the commencement of hearings in the Presidential Reference concerning the constitutional powers of the Governor and the President under Articles 200 and 201 of the Constitution of India. The Reference, made by President Droupadi Murmu under Article...
S. 138 NI Act | Cheque Bounce Complaint Maintainable Against Partners Alone | Firm Merely a Compendious Expression With No Separate Legal Persona
Kiran Raj The Supreme Court of India Division Bench of Justice B.V. Nagarathna and Justice Satish Chandra Sharma held that the non-arraignment of a partnership firm as an accused and the absence of a statutory notice addressed to the firm under Section 138 of the Negotiable Instruments Act, 1881, do not invalidate a complaint again...
S. 3 Employees’ Compensation Act | Death While Commuting To Work Covered Under Employment Injury | Supreme Court Clarifies ‘Notional Extension’ Doctrine Applies Even Beyond Factory Gates
Kiran Raj The Supreme Court of India Division Bench of Justice Manoj Misra and Justice K.V. Viswanathan has held that an accident sustained by an employee while commuting to his workplace falls within the ambit of an injury "arising out of and in the course of his employment" under the Employees’ Compensation Act, 19...
Excluding Outside State Experience to Deny Retirement Age Extension Arbitrary: Supreme Court Grants Relief to Bengal University Officer
Kiran Raj The Supreme Court of India Division Bench of Justice Pamidighantam Sri Narasimha and Justice Manoj Misra held that the insistence on restricting eligibility for extended retirement benefits based solely on teaching experience acquired within the State of West Bengal was arbitrary and illegal. The Court directed that the b...
Supreme Court Revives IL&FS IBC Plea | Says Naming Creditor in Balance Sheet Not Mandatory for Acknowledgment Under Limitation Act
Kiran Raj The Supreme Court of India Division Bench of Justice Manoj Misra and Justice K.V. Viswanathan held that an entry in a corporate debtor's balance sheet for the Financial Year 2019-20 constituted a valid acknowledgment of debt under Section 18 of the Limitation Act, 1963. The Court allowed a Section 7 Insolvency and Bankrup...
Supreme Court Upholds Arbitral Award in Highway Dispute | Says ‘Work Contract’ Claims Against MP Govt Bodies Must Be Referred to MP Arbitration Tribunal Under Statutory Mandate
Kiran Raj The Supreme Court of India Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan held that disputes arising from concession agreements executed by the State or its instrumentalities—being works contracts—must be adjudicated exclusively by the Madhya Pradesh Arbitration Tribunal established under th...
Supreme Court Bars Use Of WhatsApp, Electronic Means For Section 35 Notices | Reaffirms Personal Service Mandate To Protect Liberty
Kiran Raj The Supreme Court of India Division Bench of Justice M. M. Sundresh and Justice Nongmeikapam Kotiswar Singh held that the service of notice under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, must be affected strictly through the modes prescribed within the statute. The Court directed that notices und...
CCS (CCA) Rules | Supreme Court Upholds Disciplinary Proceedings Initiated by Minor Penalty Authority for Major Charges | Sets Aside Karnataka HC Relief to Retired Telecom Officer
Kiran Raj The Supreme Court Division Bench of Justice Sanjay Kumar and Justice Satish Chandra Sharma set aside the judgment of the High Court of Karnataka that had quashed disciplinary proceedings initiated against a retired Sub Divisional Engineer from the Department of Telecommunications. The Court upheld the authority of t...
"No Bail Orders Based on Financial Undertakings, Litigants Taking Courts for a Ride Must End": Supreme Court Cancels Bail, Orders Pan-India Compliance with Merits-Only Evaluation
Kiran Raj The Supreme Court of India Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan has issued a directive restraining all High Courts and Trial Courts across the country from granting bail—regular or anticipatory—based on an accused's undertaking to deposit money. In a judgment delivered on July 28,...
Supreme Court Quashes Two-Decade-Old Criminal Case Over Alleged Forged Will | Says Civil Dispute Was Misused to Launch Criminal Proceedings
Kiran Raj The Supreme Court Division Bench of Justice B.V. Nagarathna and Justice K.V. Viswanathan has quashed proceedings in Complaint Case No. 627 of 2002 pending before the Chief Judicial Magistrate, Basti, under Sections 419, 420, 467, 468, and 471 of the Indian Penal Code. The Court held that continuation of proceedings would...
Supreme Court Quashes FIR In ₹3.5 Crore Land Deal | Says Criminal Case Cannot Proceed When Civil Dispute Is Pending And Criminality Is Absent
Kiran Raj The Supreme Court of India Division Bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah quashed the criminal proceedings arising from FIR No. 260/2023, holding that "the ingredients of offences apropos which cognizance was taken by the ACMM are not made out." The Court allowed the appeal and concluded that...
Supreme Court Dismisses Hotel Firm’s Plea Against Shimla Green Zone Notification | Warns Entire Himachal Pradesh May Vanish If Revenue Generation Overrides Environmental Protection
Kiran Raj The Supreme Court of India Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan dismissed a petition challenging a Himachal Pradesh government notification, while taking suo motu cognizance of broader ecological concerns in the State. The Court directed the State of Himachal Pradesh and the Union Government t...
Supreme Court Dismisses MSME’s Plea Against SARFAESI Proceedings | Says Framework For Revival Must Be Invoked Timely And Cannot Be Used To Stall Recovery After Default
Kiran Raj The Supreme Court of India Division Bench of Justice Dipankar Datta and Justice Augustine George Masih held that a Micro, Small and Medium Enterprise (MSME) cannot seek protection under the SARFAESI Act without first complying with the procedural requirements prescribed in the Government’s 2015 Notification titled
Supreme Court Directs Telangana Speaker To Decide On Disqualification Of BRS MLAs Who Defected To INC Within 3 Months | Quashes High Court Order And Warns Against Delay Tactics By Legislators
Kiran Raj The Supreme Court of India Division Bench of Chief Justice B.R. Gavai and Justice Augustine George Masih directed the Speaker of the Telangana Legislative Assembly to adjudicate pending disqualification petitions filed under the Tenth Schedule of the Constitution “within a reasonable period.” Disposing of writ...
Compensatory Action Not Punitive | Supreme Court Upholds Pollution Boards’ Power To Levy Environmental Damages And Seek Bank Guarantees Under Sections 33A And 31A
Kiran Raj The Supreme Court of India Division Bench of Justice Pamidighantam Sri Narasimha and Justice Manoj Misra held that the Pollution Control Boards constituted under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 are empowered to impose and collect restitu...
Supreme Court Quashes POCSO Case Over Consensual Relationship | Says Promise Of Marriage Doesn’t Make It Rape
Kiran Raj The Supreme Court Division Bench of Justice Sudhanshu Dhulia and Justice Aravind Kumar has quashed criminal proceedings initiated against an accused under serious charges including rape of a minor, citing lack of evidence and significant delay in filing the First Information Report (FIR). The Court concluded that the FIR...
Supreme Court Sets Aside Retirement Of Colour-Blind Driver | Says Employer Must Reasonably Accommodate Disability Acquired During Service
Kiran Raj The Supreme Court of India Division Bench of Justice J.K. Maheshwari and Justice Aravind Kumar has set aside the retirement of a driver declared colour blind by the Telangana State Road Transport Corporation (TSRTC) and directed his reinstatement with full-service continuity and partial arrears. The court held that the re...
"Passing Of Such Absurd And Erroneous Orders Is Something Unpardonable" | Supreme Court Sets Aside HC Judgment, Bars Judge From Criminal Roster Pending Reassignment
Kiran Raj The Supreme Court Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan has set aside a High Court order that had dismissed a quashing application in a criminal matter and remanded the case for fresh consideration. The apex court directed that the matter be assigned to a different judge, and further ordered th...
S.142(2)(a) NI Act | Complaint Lies Where Payee’s Bank Is Located, Not Where Cheque Is Presented: Supreme Court Clarifies Jurisdiction In Cheque Bounce Cases
Kiran Raj The Supreme Court Division Bench of Justice Sanjay Kumar and Justice Satish Chandra Sharma held that the Judicial Magistrate First Class, Fifth Court, Mangalore, has territorial jurisdiction to entertain complaint cases filed under Section 138 of the Negotiable Instruments Act, 1881. The Court set aside the orders of both...
Electricity Act | Tariff Under PPA Must Align With Regulatory Framework, Not Private Agreement: Supreme Court Dismisses GUVNL’s Challenge
Kiran Raj The Supreme Court of India Division Bench of Justice Sanjay Kumar and Justice Satish Chandra Sharma held that the tariff of ₹3.56 per kWh determined under Order No. 1 of 2010 by the Gujarat Electricity Regulatory Commission (GERC) is applicable only to wind energy projects that availed the benefit of accelerated depreciat...
FIR Not Substantive Evidence Of Guilt | Supreme Court Sets Aside Jail Sentence Imposed Without Notice, Restores Fine-Only Conviction
Kiran Raj The Supreme Court of India Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan held that the impugned judgment convicting an accused under Section 304 Part I of the Indian Penal Code was unsustainable in law. The Court determined that the conviction rested on inadmissible evidence and misapplication of legal...
Supreme Court Flags Regulatory Failure | Says Power Sector Cannot Operate On “Perpetual Revenue Gaps” | Directs Time-Bound Recovery Of ₹27,000 Crore Regulatory Asset Within Seven Years
Kiran Raj The Supreme Court of India Division Bench of Justice Pamidighantam Sri Narasimha and Justice Sandeep Mehta delivered a judgment concerning the administration of regulatory assets within the electricity sector. The Court directed that all existing regulatory assets must be liquidated within a stipulated timeline and reinfo...
Paddy Scam Dispute Arbitrable Despite Criminal Proceedings | Mere Allegation Of Simple Fraud No Bar To Arbitration | Supreme Court Limits Referral Court’s Role To Existence Of Arbitration Clause
Kiran Raj The Supreme Court of India Division Bench of Justice Pamidighantam Sri Narasimha and Justice Manoj Misra has declared that the presence of an arbitration agreement is sufficient for referral under Section 11(6) of the Arbitration and Conciliation Act, 1996, regardless of pending criminal proceedings involving serious frau...
Absence Of Injuries Cannot Undermine Credible Testimony | Supreme Court Says Survivor’s Sole Account Enough For Rape Conviction
Kiran Raj The Supreme Court Division Bench of Justice Sudhanshu Dhulia and Justice N.V. Anjaria dismissed a criminal appeal challenging a conviction under Sections 376(2) and 450 of the Indian Penal Code, 1860, and Section 4 of the Protection of Children from Sexual Offences Act, 2012. The Court upheld the High Court and Trial Cour...
IBC Moratorium Doesn’t Bar Voluntary Surrender Of Leased Property | Supreme Court Upholds CoC’s Commercial Wisdom In CIRP
Kiran Raj The Supreme Court of India Division Bench of Justice Sanjay Kumar and Justice Satish Chandra Sharma allowed a civil appeal filed under Section 62 of the Insolvency and Bankruptcy Code, 2016, setting aside the order of the National Company Law Appellate Tribunal (NCLAT) that had remanded the matter for reconsideration. The...
Supreme Court Slams Suspension Of Rape Convict’s Sentence | Says High Court's Reasoning Falls Far Short Of S. 389 CrPC Standards | Fair Chance Of Acquittal A Must For Bail
Kiran Raj The Supreme Court of India Division Bench of Justice B.V. Nagarathna and Justice K.V. Viswanathan set aside the order of the High Court of Judicature for Rajasthan, Bench at Jaipur, which had suspended the sentence of a convict held guilty under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and the...
“A Society Engaged in Charitable Work Holds the Character of a Constructive Trust”: Supreme Court Says Registration Under Societies Act Doesn’t Diminish Public Trust Nature
Kiran Raj The Supreme Court Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan dismissed a civil appeal challenging the maintainability of a suit instituted under Section 92 of the Civil Procedure Code (CPC), 1908, against a charitable society. The Court held that the society qualified as a constructive trust engaged...
Supreme Court Upholds Father’s POCSO Conviction And Life Sentence | Says Incestuous Sexual Violence By Parent Warrants Severest Punishment
Kiran Raj The Supreme Court of India Division Bench of Justice Aravind Kumar and Justice Sandeep Mehta upheld the conviction and life sentence awarded to the accused for repeated aggravated penetrative sexual assault against his minor daughter. The Court dismissed the special leave petition challenging the High Court’s affirm...
Supreme Court Disappointed With Yet Another Allahabad HC Order | Says Ignoring Law On Sentence Suspension Defeats Right To Appeal
Kiran Raj The Supreme Court of India Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan set aside an order of the High Court of Judicature at Allahabad which had declined to suspend a sentence of four years' rigorous imprisonment imposed by a Trial Court. The Apex Court remanded the matter to the High Court for fresh...
CJI Has Authority To Recommend Judge’s Removal | Supreme Court Says In-House Mechanism And Recommendation Are Constitutionally Valid
Kiran Raj The Supreme Court of India Division Bench of Justice Dipankar Datta and Justice Augustine George Masih dismissed a writ petition challenging the constitutional validity of the "In-House Procedure" adopted by the Supreme Court to investigate complaints against High Court and Supreme Court Judges. The Court held that the pr...
“Directions in Paragraphs 25 and 26 Are Deleted”: Supreme Court Recalls Order Removing Allahabad HC Judge From Criminal Jurisdiction After CJI’s Request
Kiran Raj The Supreme Court Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan has ordered the deletion of paragraphs 25 and 26 from its earlier judgment dated August 4, 2025, which had directed specific administrative consequences for a High Court judge. While acknowledging concerns regarding prior judicial conduct,...
Supreme Court: There Is Nothing Like Optional | Bar Councils Cannot Collect Any Additional Fee During Enrolment
Kiran Raj The Supreme Court of India Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan has ruled that no State Bar Council or the Bar Council of India may collect any additional or so-called “optional” fees beyond the statutory enrolment fee stipulated under Section 24(1)(f) of the Advocates Act, 1961. C...
Motor Accidents | Passengers Accompanying Goods Not Gratuitous | Insurer Of Registered Owner Liable If Registration Not Changed After Transfer: Supreme Court
Kiran Raj The Supreme Court of India Division Bench of Justice K. Vinod Chandran and Justice N. V. Anjaria held that the insurer remains liable to indemnify the registered owner for compensation payable to victims of a motor vehicle accident, as the deceased and injured passengers were not gratuitous but were accompanying goods the...
Jail Official Found Guilty Of Orchestrating Escape Plot | Supreme Court Says Actions Showed Conscious Participation And Unity Of Design In Conspiracy To Free Undertrial
Kiran Raj The Supreme Court Division Bench of Justice Pamidighantam Sri Narasimha and Justice R. Mahadevan dismissed the criminal appeal and affirmed the concurrent conviction and sentence imposed by the trial court and the High Court. The Court maintained the findings for offences including Section 307 read with Section 120B IPC,...
Statements In FIR By An Accused Cannot Be Used Against Another | Supreme Court Quashes Conviction Over Confessional FIR
Kiran Raj The Supreme Court of India Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan allowed an appeal against a High Court judgment, setting aside the conviction of an accused and acquitting him of all charges. The Bench held that the conviction was unsustainable as it was primarily based on a confessional First...
Supreme Court Strikes Down 8.1% Alcohol Cap In Coconut Toddy | Expert Report Sets Limit At 8.98% | All Prosecutions Quashed
Kiran Raj The Supreme Court of India Division Bench of Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar has set aside the Kerala Government’s 2007 notification fixing the ethyl alcohol content in coconut toddy at 8.1% v/v. The court held that, in light of an Expert Committee’s findings, prosecutions in...
Supreme Court Quashes Army Policy Reserving More JAG Posts For Men | Calls It ‘Against Equality’ And Upholds Gender Parity In Selection
Kiran Raj The Supreme Court of India Division Bench of and Justice Dipankar Datta and Justice Manmohan held that once a notification permits induction of women into the Judge Advocate General branch, their numbers cannot be restricted by a subsequent administrative policy. The court directed that future recruitment to the branch be...
Supreme Court | Convict Completing Fixed-Term Life Imprisonment Entitled To Release Without Applying For Remission
Kiran Raj The Supreme Court of India Division Bench of Justice B.V. Nagarathna and Justice K.V. Viswanathan held that where a sentence of “life imprisonment which shall be twenty years of actual imprisonment without consideration of remission” has been fully served, the convict is entitled to release without the need to...
Fraudulent Settlement Sparks Supreme Court Recall | Detailed Bar Council Probe Ordered Into ‘Well-Planned Conspiracy’ And Forged Representation
Kiran Raj The Supreme Court of India Division Bench of Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar has ordered a detailed inquiry into the circumstances surrounding the disposal of a Special Leave Petition based on an alleged settlement agreement dated 24 October 2024. The Bench has directed the Bar Council o...
Pre-Independence Records Hold Greater Probative Value | Supreme Court Says Affinity Test Alone Cannot Defeat Claim, Quashes Orders And Directs Koli Mahadev Tribe Validity Certificate
Kiran Raj The Supreme Court of India, Bench of Chief Justice B.R. Gavai, Justice Satish Chandra Sharma, and Justice K. Vinod Chandran, has set aside the judgment of a Division Bench of the High Court that had upheld the invalidation of a caste claim by the Scheduled Tribe Certificate Scrutiny Committee. The Court held that the appe...
Is Judicial Officer Eligible For District Judge Post In Bar Quota? | Supreme Court Flags Article 233(2) Issue And Refers Matter To Constitution Bench
Kiran Raj The Supreme Court of India, in a decision delivered by a Bench led by the Chief Justice B.R. Gavai, Justice K. Vinod Chandran, Justice N.V. Anjaria, directed that specific issues concerning the interpretation of Article 233(2) of the Constitution be referred to a Constitution Bench comprising not less than five Judges. Th...
Demand And Acceptance Is A Sine Qua Non | Supreme Court Acquits One Accused In ₹500 Bribe Trap For Lack Of Connivance Evidence, Cuts VAO’s Sentence To Statutory Minimum
Kiran Raj The Supreme Court Division Bench of Justice Pankaj Mithal and Justice Prasanna B. Varale has delivered a judgment modifying the sentence of one accused and acquitting another in a criminal appeal arising under the Prevention of Corruption Act, 1988. The Court upheld the conviction of the first accused but reduced his sent...
Supreme Court Resets Paradeep Port Tariff Battle | Arbitral Award, Appellate And HC Orders Quashed, Both Tariff Periods Remitted To TAMP For Fresh Decision, Legislative Review Ordered
Kiran Raj The Supreme Court of India Division Bench of Justices M.M. Sundresh and Justice Rajesh Bindal set aside the arbitral award, the appellate order, and the High Court’s decision, and directed that the tariff dispute be adjudicated afresh by the Tariff Authority for Major Ports (TAMP). The Court also set aside a separat...
Place Of Exclusive Jurisdiction Deemed Seat Of Arbitration | Supreme Court Says Parties “Clearly Intended To Exclude All Other Courts”
Kiran Raj The Supreme Court of India Bench of Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar has allowed an appeal challenging an order appointing a sole arbitrator by the Punjab and Haryana High Court. The Court held that the agreement between the parties specifying that disputes would be subject to the "exclus...
Supreme Court Cancels Bail Of Olympian Wrestler Sushil Kumar In Chhatrasal Stadium Murder Case | Says Liberty Cannot Dilute Gravity Of Heinous Crimes And Orders Surrender In A Week
Kiran Raj The Supreme Court of India Division Bench of Justice Sanjay Karol and Justice Prashant Kumar Mishra has set aside a bail order issued by the High Court of Delhi and directed the accused to surrender before the concerned court within one week. The court held that the order releasing the accused on bail failed to consider r...
Supreme Court Strikes Down Permission For Non-Signatories In Arbitration | Presence ‘Unknown To Law’, Court Becomes Functus Officio After Section 11(6) Appointment
Kiran Raj The Supreme Court of India Division Bench of Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar held that permission granted to a non-signatory to an agreement to remain present in arbitration proceedings is without jurisdiction and beyond the scope of the Arbitration and Conciliation Act, 1996. The Court...
Supreme Court Quashes High Court Bail | Slams “Callous” Release Of Kannada Actors Darshan, Pavitra Gowda In Chilling Renukaswamy Murder Case
Kiran Raj The Supreme Court of India Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan allowed the appeals challenging the grant of bail to several accused, set aside the High Court’s order, and ordered immediate custody. The Court recorded that “the bail granted to the respondents / accused persons is h...
Supreme Court Warns: ‘No Five-Star Treatment in Jail —or Superintendent Will Be Suspended’"
Kiran Raj While cancelling the bail granted to Kannada actor Darshan in the Renukaswamy murder case, the Supreme Court cautioned prison officials that any “special” treatment to undertrials would trigger immediate administrative action. In a concurring order, Justice J.B. Pardiwala wrote that “the day we come...
Supreme Court Clarifies GST Jurisdiction | Central Authority Can Issue Summons As “Not Initiation Of Proceedings” Under S.6(2)(b) CGST Act
Kiran Raj The Supreme Court of India Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan held that summons issued under Section 70 of the Central Goods and Services Tax Act, 2017 are not barred by Section 6(2)(b) and declined to interdict the ongoing inquiry. The Court susta...
Premium Whisky Consumers Won’t Confuse Blenders Pride With London Pride | Pernod Ricard Plea Rejected | Supreme Court Dismisses Pernod Ricard Appeal
Kiran Raj The Supreme Court of India Division Bench of Justices J.B. Pardiwala and R. Mahadevan held that the appeal arising from an order refusing interim injunction was not maintainable on merits and dismissed it. The Bench directed the Commercial Court to proceed with the trial and dis...
WB Premises Tenancy Act | Tenant Loses Protection Against Eviction If Rent Not Deposited Within 30 Days Under S.7 | Supreme Court Says Deposit With Application Is A Precondition To Avoid Eviction
Kiran Raj The Supreme Court of India, Division Bench of Justice J.K. Maheshwari and Justice Aravind Kumar, delivered its judgment on 13th August 2025, dismissing an appeal filed by a tenant. The Court held that the applicability of the Limitation Act, 1963, is subject to the specific provisions of the West Bengal Premises Tenancy A...
Supreme Court Quashes FIR In Delkar Suicide Case | S. 306 IPC Test Is Clear Mens Rea | No Abetment Without Intent To Drive Victim To Suicide
Kiran Raj The Division Bench of the Supreme Court comprising Chief Justice B. R. Gavai and Justice K. Vinod Chandran dismissed a set of criminal appeals challenging the quashing of proceedings initiated under Section 306 of the Indian Penal Code, 1860. The court held that no case of abetment to suicide was made out and affirmed the...
Supreme Court Ends 15-Year Separation | Marriage Has Irretrievably Broken Down | ₹1.25 Crore Alimony Ordered Under Article 142
Kiran Raj The Supreme Court of India Division Bench of Justice Vikram Nath and Justice Sandeep Mehta directed dissolution of a marriage under Article 142 of the Constitution of India. The Court held that the marriage between the parties had irretrievably broken down as they had been living separately for nearly fifteen years, with...
Supreme Court Orders Clubbing Of 81 FIRs Against Builder | Grants Six-Month Temporary Bail On Condition To Deposit ₹9.94 Crore | Court Warns Keeping Him In Jail Serves No Purpose For Home Buyers
Kiran Raj The Supreme Court of India Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan has directed that multiple criminal cases pending against a petitioner engaged in real estate development be consolidated into one, while simultaneously granting temporary bail subject to strict financial conditions. The Court rec...
RP Act | Mere Failure To Disclose Assets Won’t Invalidate Election Unless Substantial | Vox Populi, Vox Dei — The Will Of The People Is Sacrosanct : Supreme Court
Kiran Raj The Supreme Court of India Division Bench of Justice Surya Kant and Justice Nongmeikapam Kotiswar Singh held that non-disclosure of income as per income tax returns for four financial years in the Form 26 Affidavit does not amount to a defect of substantial character warranting the invalidation of the election of the retu...
Supreme Court Slams Double Standards | Parties Who Consented To Arbitration Estopped From Opposing Award On Ground Of Non-Arbitrability
Kiran Raj The Supreme Court of India Division Bench of Justice Augustine George Masih and Justice Atul S. Chandurkar held that respondents, having earlier consented to the disposal of their appeal on the basis of an arbitral award, were estopped from subsequently questioning the validity of that award. The Court directed that the a...
Disciplinary Proceedings Cannot Survive Breach Of Mandatory Safeguards | Supreme Court Reaffirms Natural Justice As Integral To Article 14 And Strikes Down Bank’s Dismissal Order
Kiran Raj The Supreme Court of India Division Bench of Justice Dipankar Datta and Justice Prashant Kumar Mishra quashed a bank disciplinary dismissal, set aside the High Court’s order, and directed limited monetary relief. The Court held that the inquiry was vitiated because the Inquiry Officer did not “generally questi...
Govts Must Not Extract Regular Work From Ad-hoc Workers | Cannot Exploit Them | Must Create Sanctioned Posts For Recurring Jobs : Supreme Court
Kiran Raj The Supreme Court of India Bench of Justice Vikram Nath and Justice Sandeep Mehta delivered a judgment allowing an appeal and setting aside previous orders of the High Court of Judicature at Allahabad. The Court quashed the refusals of the State Government to sanction posts for ministerial and support staff and directed t...
Indian Telegraph Act | Supreme Court Strikes Down Uniform Compensation Award | Recommends Creation Of Statutory Appeal Against District Judge’s Orders Under S.16(3)
Kiran Raj The Supreme Court of India Division Bench of Justice M.M. Sundresh and Justice Rajesh Bindal held that the impugned order of the High Court of Punjab and Haryana could not be legally sustained and therefore must be set aside. The Bench directed that the matters be remitted back to the High Court for fresh consideration in...
Supreme Court | Conviction Under Section 411 IPC Unsustainable Without Proof of Theft | High Court of Telangana Judgment Set Aside
Kiran Raj The Supreme Court of India Division Bench of Justice Vikram Nath and Justice Sandeep Mehta held that the conviction of an accused under Section 411 of the Indian Penal Code, 1860 (IPC) for dishonestly receiving stolen property was unsustainable in law. The Court directed that the judgment of the High Court of Telangana da...
Supreme Court | Govt Press Release Not “Change in Law” Under PPA | FTP Para 8.3 Benefits Inapplicable to Thermal Power Projects
Kiran Raj The Supreme Court of India Division Bench of Chief Justice B. R. Gavai and Justice Augustine George Masih dismissed two connected civil appeals concerning claims to “deemed export” benefits under the Foreign Trade Policy 2009–2014 and alleged “Change in L...
Supreme Court | Toll Collection Impermissible Where Highways Are In Disrepair | Kerala High Court View On User Fee Under National Highways Act Affirmed
Kiran Raj The Supreme Court of India Division Bench of Chief Justice B. R. Gavai, Justice K. Vinod Chandran, and Justice N. V. Anjaria dismissed a series of appeals challenging a High Court order concerning toll collection and road maintenance. The Court upheld the suspension of toll collection for four weeks, directed continued mo...
Supreme Court | Judicial Review Confined to Procedural Errors | High Court Orders Set Aside | Removal with Superannuation Benefits Restored
Kiran Raj The Supreme Court of India Bench of Justice Rajesh Bindal and Justice Manmohan held that the impugned orders of the Single Bench and the Division Bench of the High Court could not be legally sustained. The Court set aside both orders and restored the punishment imposed by the Appellate Authority, which had earlier reduced...
Offences Connected To S.172–188 IPC Cannot Be Split To Bypass Bar Under S.195 CrPC | Supreme Court Explains Principles, Clarifies Scope Of ‘Obstruction’
Kiran Raj The Supreme Court Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan has held that the registration of an FIR for offences under Sections 186 and 341 of the Indian Penal Code was improper when initiated on the basis of a complaint filed under Section 195 of the Code of Criminal Procedure. The Court directed...
Supreme Court Upholds Karnataka High Court’s Bail Grant to Accused | AL-Hind Not a Banned Organisation Under UAPA | Trial Court Directed to Expedite Proceedings
Kiran Raj The Supreme Court Division Bench of Justice Vikram Nath and Justice K.V. Viswanathan dismissed the Union of India's appeal challenging the grant of bail to an accused under the Unlawful Activities (Prevention) Act, 1967 (UAPA), holding that “allegations... would not am...
Supreme Court Modifies Stray Dog Directions | Bars Street Feeding, Mandates Dedicated Zones | Vaccinated Dogs to Be Released Except Aggressive or Rabies-Infected
Kiran Raj The Supreme Court of India’s three-Judge Bench of Justice Vikram Nath, Justice Sandeep Mehta, and Justice N. V. Anjaria has delivered significant directions on the issue of stray dogs and public safety. The Court held that while the intent of its earlier order was to protect citizens, the directions required modific...
Supreme Court | Class A Andhra Pradesh Forest Service Officers Held to Be State Forest Service | Forest Range Officers To Be Considered for Promotion to Indian Forest Service
Kiran Raj The Supreme Court of India, Bench of Justice Dipankar Datta and Justice Augustine George Masih, disposed of a civil appeal by declaring that members of Class A of the Andhra Pradesh Forest Service, including those in categories 2 and 3, constitute members of the State Forest Service if they have been substantively appoint...
Supreme Court Affirms Preferential Right of Landowners in Slum Redevelopment | Acquisition by Slum Rehabilitation Authority Held Invalid Under Maharashtra Slum Areas Act
Kiran Raj The Supreme Court of India Division Bench of Justice Surya Kant and Justice Ujjal Bhuyan dismissed the civil appeals and upheld the High Court’s judgment declaring the acquisition of land void. The Court held that the landowner retained a preferential right to redevelop the subject slum and directed the Slum Rehabil...
Defects in Form 25 Affidavit on ‘Corrupt Practices’ Not Automatically Fatal | Supreme Court Remits Election Petition to Orissa High Court to Examine Substantial Compliance Under Representation of...
Kiran Raj The Supreme Court of India Division Bench of Justice Surya Kant and Justice Joymalya Bagchi disposed of an appeal by remitting the matter back to the High Court. The Court directed the High Court to examine afresh the nature of defects in the Form 25 affidavit filed along with the election petition and to decide whether s...
Supreme Court Upholds TS-Transco’s Fresh Recruitment Notification | Cancelling 2011–12 AP-Transco Selection Process Not Arbitrary, Candidates Had No Vested Right to Appointment
Kiran Raj The Supreme Court of India Bench of Justice Pamidighantam Sri Narasimha and Justice Joymalya Bagchi held that the decision of the Transmission Corporation of Telangana State Limited to cancel the earlier recruitment process and issue a fresh notification for the appointment of Sub-Engineers (Electrical) was valid. The Cou...
Supreme Court Clarifies Section 25(1) Of Consumer Protection Act, 1986 | Consumer Fora Empowered To Enforce Final Orders Between 2003–2020 | Anomaly In “Interim Order” Provision Rectified
Kiran Raj The Supreme Court of India Division Bench of Justice J.K. Maheshwari and Justice Rajesh Bindal held that, for the period between 15 March 2003 and 20 July 2020, Section 25(1) of the Consumer Protection Act, 1986 must be read to permit enforcement of any order of the consumer fora as a decree under Order XXI of th...
Supreme Court | Landowner’s Preferential Right To Redevelop Recognised Under Maharashtra Slum Areas Act | Acquisition Proceedings Set Aside
Kiran Raj The Supreme Court of India Division Bench of Justice Surya Kant and Justice Nongmeikapam Kotiswar Singh dismissed the appeals and affirmed the Bombay High Court’s decision that set aside the land acquisition initiated under Section 14 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971...
Supreme Court Collegium Recommends Elevation of Chief Justices Alok Aradhe and Vipul Pancholi to Supreme Court
Kiran Raj The Supreme Court Collegium has recommended the elevation of Bombay High Court Chief Justice Alok Aradhe and Patna High Court Chief Justice Vipul Pancholi as judges of the apex court. The recommendation was made by the Collegium comprising Ch...
Supreme Court | Mere Non-Signing Will Not Invalidate Arbitration Agreement Where Parties Consented and Acted Upon Contract | Section 45, Arbitration and Conciliation Act
Kiran Raj The Supreme Court of India Division Bench of Justice Sanjay Kumar and Justice Satish Chandra Sharma held that an arbitration agreement under Section 45 of the Arbitration and Conciliation Act, 1996, existed between the parties despite the absence of a signed contract by one side. The Court directed that disputes be referr...
Supreme Court | NGT Cannot Impose Turnover-Based Environmental Compensation or Direct ED Probe Under PMLA
Kiran Raj The Supreme Court of India Division Bench of Chief Justice B. R. Gavai and Justice K. Vinod Chandran allowed the appeal against directions issued by the National Green Tribunal (NGT) that had imposed ₹50 crores in compensation and referred the matter to the Enforcement Directorate under the Prevention of Money Laundering...
Supreme Court Upholds Karnataka HC Partition Decree | Refusal to Enter Witness Box Invites Adverse Inference | Oral Testimony Under Evidence Act Outweighs Revenue Records
Kiran Raj The Supreme Court of India Division Bench of Justice Sanjay Karol and Justice Prashant Kumar Mishra dismissed a civil appeal challenging a Karnataka High Court judgment that had decreed partition of ancestral properties. The Court upheld the High Court’s finding that the plaintiffs were entitled to their legitimate...
Supreme Court | Directions to All High Courts on Timely Pronouncement of Reserved Judgments | If Not Delivered Within Three Months, Registrar General Must Place Matter Before Chief Justice
Kiran Raj The Supreme Court of India Division Bench of Justice Sanjay Karol and Justice Prashant Kumar Mishra has directed that High Courts must adhere to a structured mechanism ensuring the timely pronouncement of judgments once matters are reserved. The Court reiterated earlier guidelines mandating a maximum period for delivery,...
Supreme Court Orders SIT Inquiry | Vantara Wildlife Centre’s Affairs and Animal Acquisition to Be Examined Under Wildlife (Protection) Act and CITES
Kiran Raj The Supreme Court of India Division Bench of Justice Pankaj Mithal and Justice Prasanna B. Varale directed the constitution of a Special Investigation Team (SIT) to conduct an independent fact-finding inquiry into allegations concerning a zoological rescue and rehabilitation centre in Jamnagar, Gujarat. The Bench ordered...
Supreme Court | Sanctity of Power Purchase Agreements Reaffirmed | Absence of Force Majeure Notice Bars Relief; Regulators Cannot Rewrite Contracts Under Equity
Kiran Raj The Supreme Court of India Division Bench of Justice Sanjay Kumar and Justice Satish Chandra Sharma allowed the appeal filed by Chamundeshwari Electricity Supply Company Ltd. The Court held that the invocation and encashment of the performance bank guarantee were validly exercised under the Power Purchase Agreement execut...
‘Shabby Investigation, Laconic Trial’ | Supreme Court Acquits Death Row Convict in Child Rape-Murder | Broken Chain of Custody Renders DNA Evidence Inadmissible
Kiran Raj The Supreme Court of India Three-Judge Bench of Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta allowed the criminal appeals, quashed the High Court judgment affirming the trial court’s conviction and capital sentence, and directed the immediate release of the appellants unless required in any other case. The...
Supreme Court | DGFT and CBIC Directed to Upgrade Systems | Genuine Exporters’ MEIS Entitlements Cannot Be Defeated by Clerical Errors in Shipping Bills
Kiran Raj The Supreme Court of India Division Bench of Justice Aravind Kumar and Justice N.V. Anjaria has allowed an appeal and quashed the rejection of benefits under the Merchandise Exports from India Scheme. The Court set aside the High Court judgment which had dismissed the exporter’s writ petition and directed the respon...
Order XXX Rule 10 CPC | Proprietorship Not Juristic Person | Absence of Firm Name Not Fatal Where Proprietor Is Defendant: Supreme Court
Kiran Raj The Supreme Court of India Division Bench of Justice Vikram Nath and Justice Sandeep Mehta held that a proprietorship concern is not a juristic person and cannot sue in its own name, though it may be sued under the enabling provisions of the Code of Civil Procedure, 1908. The Court directed that impleading the proprietor...
Supreme Court | Criminal Courts Cannot Review or Recall Own Judgments | Only Clerical or Arithmetical Errors Permissible Under Section 362 CrPC
Kiran Raj The Supreme Court of India Division Bench of Chief Justice B.R. Gavai and Justice Augustine George Masih held that criminal courts, including High Courts, cannot review or recall their own judgments or orders under Section 362 of the Criminal Procedure Code, 1973, except to correct clerical or arithmetical errors. The Cou...
Supreme Court | Karnataka HC Directed To Decide If Secured Creditors Or EPFO Hold First Charge Over Defaulter’s Assets | Priority Dispute Between SARFAESI and PF Act Remitted
Kiran Raj The Supreme Court of India Division Bench of Justice Vikram Nath, Justice Sanjay Karol, and Justice Sandeep Mehta set aside the Karnataka High Court’s order in a dispute concerning recovery of provident fund dues under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. The Court directed th...
Supreme Court | Delay in Compliance of Order Does Not Constitute Wilful Contempt | Pension Claim Rejected as Beyond Scope of Original Relief | Compensation Directed to Legal Heirs
Kiran Raj The Supreme Court of India Division Bench of Chief Justice B.R. Gavai and Justice Augustine George Masih disposed of contempt petitions alleging delayed compliance with this Court’s order dated 17 January 2018 directing payment of outstanding dues. The Court recorded that although the respondent-bank did not pay wit...
Supreme Court | Order XXI Rule 102 CPC Bar Not Applicable Where Suit Property Purchased From Third Party and Not Judgment-Debtor
Kiran Raj The Supreme Court of India Division Bench of Justice Vikram Nath and Justice Sandeep Mehta allowed an appeal against the judgment of the High Court of Bombay at Goa. The Court set aside the High Court’s order that had discontinued proceedings under Order XXI Rules 97 and 101 of the Code of Civil Procedure, 1908. The...
Supreme Court Clears Arunachal Pradesh PSC Member Mepung Tadar Bage in 2022 Paper Leak Case | No Misconduct Established Under Article 317
Kiran Raj The Supreme Court of India Division Bench of Justice J.K. Maheshwari and Justice Aravind Kumar held that the allegations of “misbehaviour” levelled against a Member of the Arunachal Pradesh Public Service Commission in a reference under Article 317(1) were not proved. In exercise of its advisory jurisdiction,...
Supreme Court | Executive Instructions Cannot Override Statutory Recruitment Rules | Tripura Rifles Appointments Cancellation Held Arbitrary Under TSR Act
Kiran Raj The Supreme Court of India Division Bench of Justice J.K. Maheshwari and Justice Rajesh Bindal has held that executive instructions issued under Article 166(1) of the Constitution cannot override or annul recruitment undertaken under a statutory regime. Allowing a batch of civil appeals, the Court set aside a common judgm...
Supreme Court Pulls Up Income Tax Department | Prosecution Under Section 276C Quashed for Ignoring CBDT Circulars Requiring ITAT Confirmation | ₹2 Lakh Costs Imposed
Kiran Raj The Supreme Court of India Division Bench of Justice J.K. Maheshwari and Justice Vijay Bishnoi set aside the judgment of the High Court of Madras and quashed prosecution initiated under Section 276C(1) of the Income Tax Act, 1961. The Court directed that the complaint lodged by the Revenue be quashed, holding that continu...
Supreme Court Refers Applicability of RTE Act to Minority Institutions to Larger Bench | TET Qualification Held Mandatory for Teacher Recruitment and Promotions in Non-Minority Schools
Kiran Raj The Supreme Court of India Division Bench of Justice Dipankar Datta and Justice Manmohan held that the Teacher Eligibility Test (TET) constitutes one of the “minimum qualifications” that may be prescribed under Section 23 of the Right of Children to Free and Compulsory Education Act, 2009, and directed that in...
Supreme Court | Electronic Evidence Admissible Under Customs Act Without S.138C(4) Certificate If Admitted in S.108 Statement | CESTAT Order Set Aside
Kiran Raj The Supreme Court of India Division Bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan held that compliance with Section 138C(4) of the Customs Act, 1962 had been duly satisfied through records of proceedings and statements recorded under Section 108 of the Act. The Court set aside the order of the Customs, Exci...
Supreme Court Upholds Telangana Domicile Rule Requiring Four-Year Continuous Study in State | Limited Relaxation Granted for Children of Government, Defence and PSU Employees
Kiran Raj The Supreme Court of India Division Bench of Chief Justice B. R. Gavai and Justice K. Vinod Chandran held that the definition of "local candidate" framed under the Telangana Medical and Dental Colleges Admission Rules, 2017, as amended in 2024, is valid and in consonance with th...
Supreme Court: Past Misconduct Can Fortify Dismissal Order Even If Not Cited in Show Cause | High Court’s Reinstatement of Absentee Constable Set Aside
Kiran Raj The Supreme Court of India Division Bench of Justice J.K. Maheshwari and Justice Vijay Bishnoi held that dismissal of a police constable for unauthorized absence constituted a valid exercise of disciplinary powers under Rule 16.2 of the Punjab Police Rules, 1934. The Court set aside the Punjab and Haryana High Court&rsquo...
Supreme Court | Power Generators and Discoms Cannot Privately Fix Tariffs | Section 86 Electricity Act Requires Regulatory Commission’s Approval; KKK Hydro Appeal Dismissed
Kiran Raj The Supreme Court of India Division Bench of Justice Sanjay Kumar and Justice N.V. Anjaria dismissed an appeal challenging the tariff determination for a hydel power project in Himachal Pradesh. The Court held that tariff fixation under Power Purchase Agreements cannot be unilat...
Supreme Court | “Every Acquittal of Actual Culprit a Blot on System” | Restores Conviction in POCSO Rape Case, Says Misapplication of ‘Reasonable Doubt’ Cannot Defeat Justice
Kiran Raj The Supreme Court of India Division Bench of Justice Sanjay Kumar and Justice Satish Chandra Sharma set aside a Patna High Court acquittal and restored the conviction and sentences originally imposed by the Trial Court. The Court directed the respondents to surrender within two weeks, holding that procedural defects alleg...
Supreme Court | Agreement to Sell and GPA Do Not Confer Title in Property | Succession Opens on Father’s Death, Possession Suit Dismissed
Kiran Raj The Supreme Court of India Division Bench of Justice Aravind Kumar and Justice Sandeep Mehta set aside the judgment of the Delhi High Court which had earlier upheld a decree granting possession, mesne profits, and declaration in favour of the plaintiff. The Court held that documents such as an Agreement to Sell, General P...
Supreme Court | NGT Cannot Outsource Its Adjudicatory Functions to Expert Committees | Quashes ₹18 Crore Environmental Compensation on Triveni Engineering
Kiran Raj The Supreme Court of India Division Bench of Justices Manoj Misra and Ujjal Bhuyan set aside two orders of the National Green Tribunal (NGT) that had imposed environmental compensation on a sugar manufacturing unit. The Court allowed the civil appeals, holding that the NGT could not base its decision on the recommendation...
Supreme Court | NCLT Empowered Under Companies Act to Examine Fraud and Document Validity in Oppression & Mismanagement Cases | Fraudulent Gift Deed and Share Transfers Declared Invalid
Kiran Raj The Supreme Court of India Division Bench of Justice Dipankar Datta and Justice K. Vinod Chandran held that the National Company Law Tribunal (NCLT), Allahabad, was correct in adjudicating allegations of oppression and mismanagement under Sections 397 and 398 of the Companies Act, 1956. The Court set aside the National Co...
Supreme Court | Arbitration Act — Delivery of Award to Govt Official Unconnected With Case Not Valid Service on State Under S.31(5)
Kiran Raj The Supreme Court of India Division Bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan held that delivery of a signed copy of an arbitral award to an authorised representative who is not a “party” within Section 2(1)(h) of the Arbitration and Conciliation Act, 1996 does not trigger limitation under S...
Supreme Court | Clause Barring Interest on Delayed Payments Does Not Bar Pendente Lite Interest | Arbitral Tribunal Empowered Under S.31(7) Arbitration Act
Kiran Raj The Supreme Court of India Division Bench of Justice Pamidighantam Sri Narasimha and Justice Manoj Misra dismissed an appeal challenging the award of pendente lite interest under the Arbitration and Conciliation Act, 1996. The Court held that Clause 18.1 of the underlying contract did not bar the arbitral tribunal from gr...
Supreme Court | Section 18 of SC/ST (Prevention of Atrocities) Act Bars Anticipatory Bail Under Section 438 CrPC Where Prima Facie Offence Is Disclosed
Kiran Raj The Supreme Court of India Three Judge Bench of Chief Justice B.R. Gavai, Justice K. Vinod Chandran, and Justice N.V. Anjaria set aside the order of the High Court of Judicature at Bombay, Aurangabad Bench, which had granted anticipatory bail to an accused under Section 438 of the Code of Criminal Procedure, 1973. The Cou...
Supreme Court | Conviction Under Section 138 NI Act Unsustainable Once Parties Enter Into Voluntary Settlement | Section 147 Declares Offence Compoundable at Any Stage
Kiran Raj The Supreme Court of India Division Bench of Justice Aravind Kumar and Justice Sandeep Mehta allowed an appeal against a conviction under Section 138 of the Negotiable Instruments Act, 1881. The Court quashed the sentence imposed by the trial court, upheld by the appellate and revisional courts, after noting that the comp...
Supreme Court | S.100 CPC Bars High Courts from Introducing New Grounds Without Pleadings | Kerala HC’s Reliance on S.67 Succession Act Set Aside | Testamentary Succession Restored
Kiran Raj The Supreme Court of India Division Bench of Justice Ahsanuddin Amanullah and Justice S.V.N. Bhatti held that the Kerala High Court erred in applying Section 67 of the Indian Succession Act, 1925, in a family partition dispute concerning properties situated in Elamkulam village, Ernakulam District. The Court restored the...
Supreme Court | Witness Protection Scheme Not Substitute For Bail Cancellation | Allahabad High Court’s Cyclostyled Orders Deprecated | Matter Remanded For Fresh Decision
Kiran Raj The Supreme Court of India Division Bench of Justice J.B. Pardiwala and Justice Sandeep Mehta has set aside an order of the Allahabad High Court which had declined to cancel bail on the ground that the complainant could seek recourse under the Witness Protection Scheme, 2018. The Court directed that the matter be remanded...
Supreme Court Quashes U.P. State’s Refusal To Sanction Posts | Holds Selective Regularisation Of Similarly Situated Daily Wagers Violates Equity | Orders Regularisation In Higher Education Servic...
Kiran Raj The Supreme Court of India Division Bench of Justice Vikram Nath and Justice Sandeep Mehta held that long-serving daily wage employees engaged in perennial duties within public institutions cannot be denied regularisation on grounds of financial constraints or absence of sanctioned posts. The Court quashed the refusals of...
Supreme Court: Article 226 Cannot Be Invoked To Quash Charge-Sheet Once Cognisance Is Taken | Remedy Lies Under Section 528 BNSS
Kiran Raj The Supreme Court of India Division Bench of Justice Dipankar Datta and Justice Prashant Kumar Mishra has set aside an order of the High Court of Judicature at Bombay which had dismissed a writ petition seeking quashing of a First Information Report. The Supreme Court directed t...
Supreme Court Terms ‘Judicial Impropriety’ | Criticises Kerala High Court For Modifying Bail Conditions While Bail Order Was Under Challenge In Apex Court
Kiran Raj The Supreme Court of India Division Bench of Justice J.K. Maheshwari and Justice Vipul M. Pancholi has stayed the orders of the High Court of Kerala that modified the conditions of anticipatory bail granted to the accused. The Court directed that all orders passed by the High Court permitting foreign travel and release of...
Supreme Court | S.482 CrPC / S.528 BNSS | Four-Step Test Laid Down for High Courts to Quash Criminal Proceedings | Summoning on Vague, Delayed and Uncorroborated Allegations Held Abuse of Process
Kiran Raj The Supreme Court of India Division Bench of Justice J.B. Pardiwala and Justice Sandeep Mehta set aside the order of the High Court of Judicature at Allahabad, which had declined to interfere with a summoning order issued by the Additional Chief Judicial Magistrate, Allahabad. The Court quashed the pending criminal procee...
Supreme Court Upholds Full Recovery Under Promissory Note | Cash Component Cannot Be Disregarded for Lack of Documentary Proof
Kiran Raj The Supreme Court of India Division Bench of Justice Ahsanuddin Amanullah and Justice Vipul M. Pancholi held that a money transaction recorded in a promissory note cannot be partly disallowed merely because a portion was advanced in cash rather than through bank instruments. The Court ruled that the absence of documentary...
Supreme Court Upholds Murder Conviction Under Section 302 IPC | Warns High Courts Against Delayed Uploading of Judgments
Kiran Raj The Supreme Court of India Division Bench of Justice J.B. Pardiwala and Justice Sandeep Mehta has dismissed a criminal appeal against a conviction for murder under Section 302 read with Section 34 of the Indian Penal Code and the Arms Act. While upholding the life sentence imposed by the trial court and affirmed by the Pu...
Supreme Court | Scope of Review Under S.114 & Order 47 CPC Restated | High Courts Cannot Re-Appreciate Evidence or Substitute Findings Under Guise of Review
Kiran Raj The Supreme Court Division Bench of Justice Ahsanuddin Amanullah and Justice S.V.N. Bhatti set aside a review order of the Madras High Court which had remanded a partition dispute for fresh consideration. The Court restored the earlier High Court order that recognized the entitlement of a daughter to claim coparcenary rig...
Supreme Court | Direct Approach to High Court for Pre-Arrest Bail Discouraged | Notice Issued to Kerala High Court
Kiran Raj The Supreme Court of India Division Bench of Justice Vikram Nath and Justice Sandeep Mehta confirmed interim protection earlier granted to two petitioners, making it absolute, and directed them to cooperate fully with the investigation and trial. The Court further clarified that...
Supreme Court | Consumer Fora Cannot Travel Beyond Pleadings | NCDRC’s Antenatal Negligence Finding Set Aside, ₹10 Lakh Compensation Ordered to Be Refunded
Kiran Raj The Supreme Court of India Division Bench of Justice Sanjay Kumar and Justice Satish Chandra Sharma directed a complainant to refund ₹10,00,000 received as compensation in a medical negligence case. The Court held that the National Consumer Disputes Redressal Commission (NCDRC) had wrongly introduced a case of “...
Supreme Court Clarifies Migration to Unreserved Posts | Relaxations in Age Barred Under RPF Standing Orders, Physical Standards Not a Disqualification in CISF Recruitment
Kiran Raj The Supreme Court of India Division Bench of Justice Surya Kant and Justice Joymalya Bagchi held that reserved category candidates who avail relaxations in age or physical measurements during recruitment cannot be appointed against unreserved vacancies where the governing rules impose a clear bar. Setting aside a High Cou...
Supreme Court | Verified Homebuyer Claims Under IBC Must Be Honoured in Full | Possession Cannot Be Denied Once Admitted by Resolution Professional
Kiran Raj The Supreme Court Division Bench of Justice Sanjay Kumar and Justice Satish Chandra Sharma held that once a claim is verified and admitted by the Resolution Professional under the Insolvency and Bankruptcy Code, it cannot be treated as belated so as to deny substantive relief. T...
Supreme Court Upholds FIRs Against Ex-CBI Officers | Delhi Police to Probe Alleged Intimidation and Forgery, Says Even Investigators May Face Investigation
Sanchayita Lahkar The Supreme Court Division Bench of Justice Pankaj Mithal and Justice Prasanna B. Varale upheld the direction of the Delhi High Court to register First Information Reports against Neeraj Kumar, the then Joint Director of the Central Bureau of Investigation, and Vinod Kumar Pandey, the then Inspector of the Ce...