Himanshu Sharma vs. State of Madhya Pradesh [2024 INSC 139] Grounds for cancellation of bail RELEVANT PARAGRAPH 12. Law is well settled by a catena of judgments rendered by this Court that the considerations for grant of bail and cancellation...

Ravindra Kumar vs. State of U.P. & Ors. [2024 INSC 131] Non-disclosure of a criminal case in which the candidate is acquitted in the verification form is not fatal for the candidate’s employment RELEVANT PARAGRAPH 1. The vexed question is...

Dr. Mrs. Suman V. Jain vs. Marwadi Sammelan through its Secretary and Others [2024 INSC 127] The prospective resignation would be complete on the indicated future date unless withdrawn before acceptance RELEVANT PARAGRAPH 12. As per the law laid down...

S.V. Samudram vs. State of Karnataka & Anr [2024 INSC 17] Interference under Section 37 cannot travel beyond the restrictions laid down under Section 34 RELEVANT PARAGRAPH 35. It has been observed by this Court in MMTC Ltd. v. Vedanta...

Vishal Tiwari vs. Union of India & Ors [2024 INSC 3] Principles governing judicial review of policy decisions of the expert regulatory agencies RELEVANT PARAGRAPH 17. From the above exposition of law, the following principles emerge: a. Courts do not...

Kanwar Raj Singh (D) Th. Lrs. vs. Gejo. (D) Th. Lrs & Ors. [2024 INSC 1] Section 47 of the Registration Act only lays down the time from which a registered document would operate RELEVANT PARAGRAPH 6. On plain reading...

Sushma Shivkumar Daga & Anr. vs. Madhurkumar Ramkrishnaji Bajaj & Ors. [2023 INSC 1081] Dispute seeking cancellation of a document relating to immovable property is arbitrable  RELEVANT PARAGRAPH 19. The second is that the suit filed by the appellants is...

In Re: Interplay between arbitration agreements under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899 [2023 INSC 1066] Stamping of arbitration agreement not a pre-requisite for the appointment of arbitrator by the Court  RELEVANT PARAGRAPH 196....

Cox and Kings Ltd. vs. SAP India Pvt. Ltd. & Anr., 2023 INSC 1051 Supreme Court settles principles governing the group of companies doctrine in India RELEVANT PARAGRAPH 165. In view of the discussion above, we arrive at the following...

Vijay vs. Union of India & Ors., Civil Appeal No. 4910 of 2023 [2023 INSC 1030] Principles relevant for examining the admissibility of secondary evidence RELEVANT PARAGRAPH 33. After perusing various judgments of this Court, we can deduce the following...

Bank of Baroda & Ors. vs. Baljit Singh [Civil Appeal No(s). 624/2017] Compassionate appointment dehors the terms of the policy is impermissible RELEVANT PARAGRAPH 14. It is to be noted that in the instant case, the respondent filed a suit...

M/s. Shree Vishnu Constructions vs. The Engineer in Chief Military Engineering Service & Ors. [Civil Appeal No. 3461 of 2023] Amendment Act, 2015 amending the scope of the court u/s 11, non-applicable where the notice invoking arbitration was issued prior...

The State of Goa vs. Summit Online Trade Solutions (P) Ltd & Ors. [Civil Appeal No. 1700/2023] Small part of cause of action not sufficient to confer jurisdiction on the high court RELEVANT PARAGRAPH 2. …….According to the appellant, a...

Ashutosh Samanta (D) by Lrs. & Ors. vs. Sm. Ranjan Bala Dasi & Ors [Civil Appeal No.7775 of 2021] The presumption under Section 90 as to the regularity of documents more than 30 years of age is inapplicable while proving...

Sirajudheen vs. Zeenath & Ors. [Civil Appeal No. 1491 of 2023] What is the scope of remand under Order XLI of the Civil Procedure Code? RELEVANT PARAGRAPH 9.1. The provisions contained in Rules 23, 23-A, 24, 27 and 33 of...

Sirajudheen vs. Zeenath & Ors. [Civil Appeal No. 1491 of 2023] What is the true test to allow additional evidence at the appellate stage? RELEVANT PARAGRAPH 9.3. In the case of Sanjay Kumar Singh (supra) relied upon by the learned...

Shah Newaz Khan & Ors. vs. State of Nagaland & Ors. [Civil Appeal No. 1497/2023] Whether a common High Court for two states order inter-state transfer cases from one to another jurisdictional district? – Yes  RELEVANT PARAGRAPH 3. Shortly put,...

Sanwarlal Agrawal & Ors. vs. Ashok Kumar Kothari & Ors. [Civil Appeal No (s). 1312-1313 of 2023] Court executing a decree cannot go behind the decree  RELEVANT PARAGRAPH 15. This Court has time and again cautioned against the Execution Court...

Gas Point Petroleum India Limited vs. Rajendra Marothi & Ors. [Civil Appeal No.  619 of 2023] Whether non­compliance with provisions of Order 21 Rule 84 and Order 21 Rule 85 vitiate sale? RELEVANT PARAGRAPH 8.2 The decision of this Court...

Ashwini Kumar Upadhyay vs. Union of India and Another [Writ Petition (Civil) No 967 of 2017] Permitting a candidate to contest from more than one seat in a parliamentary election is a matter of legislative policy RELEVANT PARAGRAPH 12. Permitting...

Baini Prasad (D) Thr. LRs. vs. Durga Devi [Civil Appeal No. 6182-6183 of 2009] Court should not ordinarily award damages instead of a mandatory injunction where a trespasser constructs a building RELEVANT PARAGRAPH 20. The entire circumstances revealed from the...

Baini Prasad (D) Thr. LRs. vs. Durga Devi [Civil Appeal No. 6182-6183 of 2009] Essentials for attraction of section 51 of the Transfer of Property Act RELEVANT PARAGRAPH 21. ………..As held by the learned Single Judge we are of the considered...

Baini Prasad (D) Thr. LRs. vs. Durga Devi [Civil Appeal No. 6182-6183 of 2009] The doctrine of laches or acquiescence has no place to defeat the right of the plaintiff when the suit is filed within the limitation period RELEVANT...

The Chief Engineer, Water Resources Department & Ors.  vs. Rattan India Power Limited through its Director & Ors. [Civil Appeal No. 8550 of 2022] A party to a contract is not entitled to question the amount of consideration after signing...

The State of Haryana & Ors. vs. Sushila & Ors. [Civil Appeal No. 9205 of 2022] Subsequent purchasers have no locus to challenge the acquisition and / or lapsing of the acquisition RELEVANT PARAGRAPH 4. Even otherwise as observed and held by this Court in the case...

Resident’s Welfare Association and Another vs. The Union Territory of Chandigarh and Others [SLP(C) No. 4950 of 2022) Supreme Court stops “fragmentation” of residential units in Chandigarh RELEVANT PARAGRAPH 153. Taking overall view of the matter, we are of the considered view that permitting...

M/s Oswal Plastic Industries vs. Manager, Legal Deptt N.A.I.C.O. Ltd. [Civil Appeal No. 83 of 2023] Insurance coverage provisions if ambiguous, the same should be resolved in favour of the insured RELEVANT PARAGRAPH 3.4 It is submitted that as observed...

Sabarmati Gas Limited vs. Shah Alloys Limited [Civil Appeal No. 1669 of 2020] Delay in initiation of IBC proceedings happened for suspension of right under Section 22(1), SICA condoned RELEVANT PARAGRAPH 25. As relates Section 5 of the Limitation Act...

Business liability is to be determined on the basis of the date of accrual and discharge of liability Wave Industries Pvt. Ltd. vs. State of U.P. & Ors. [C.A. No. 9272-9272 of 2022] RELEVANT PARAGRAPH 15. There is no dispute...

When a senior citizen part with property by a gift or otherwise in favour of near and dear ones, a condition of looking after the senior citizen is not necessarily attached to it Sudesh Chhikara v. Ramti Devi & Anr....

SC urges the Central Government to amend the law and grant the right of survivorship to the female member of the Tribal community Kamla Neti (Dead) through LRs vs. The Special Land Acquisition Officer & Ors. [Civil Appeal No. 6901 of 2022] RELEVANT PARAGRAPH 6....

Whatever discussions had taken place cannot be said to be a final decision of the Collegium Anjali Bhardwaj vs. CPIO, Supreme Court of India, (RTI Cell) [Special Leave to Appeal (C) No. 21019 of 2022] RELEVANT PARAGRAPH 5. At the outset, it is required to be noted that...

Oxygen gas is not a “raw material” used in the manufacture of the end product of steel and is thus chargeable sale tax @ 3% State of Jharkhand and others vs. Linde India Limited and Another [Civil Appeal Nos. 8061-8064...

SC discusses law on application to sue as an indigent person under Order 33 of the Code of Civil Procedure Solomon Selvaraj & Ors. vs. Indirani Bhagawan Singh & Ors. [Civil Appeal No. 8885 of 2022] RELEVANT PARAGRAPH 6.1 While...

Deduction to be made towards the development of the land depends on various factors and there cannot be a straight-jacket formula State of Madhya Pradesh & Anr. vs. Radheshyam & Ors. [Civil Appeal Nos. 8857-8858 of 2022] RELEVANT PARAGRAPH 29....

Determination of the market value of the land acquired by the State for compensating the owner of land under the Land Acquisition Act State of Madhya Pradesh & Anr. vs. Radheshyam & Ors. [Civil Appeal Nos. 8857-8858 of 2022] RELEVANT...

Broad parameters within which the High Court must exercise its powers under Article 226/227 of the Constitution of India in matters relating to disciplinary proceedings Union of India and Others vs. Subrata Nath [Civil Appeal Nos. 7939-7940 of 2022] RELEVANT...

The State of Madhya Pradesh vs. M/S Sew Construction Limited & Ors [Civil Appeal No. 8571/2022] If the contractual clause permits escalation costs subject to certain conditions, no claim is admissible if the conditions are not satisfied RELEVANT PARAGRAPH 22....

Words and expressions used in the contract are principal tools to ascertain such intent of the parties Words and expressions used in the contract are principal tools to ascertain such intent of the parties RELEVANT PARAGRAPH 27.   Interpretation of contracts...

Section 34 of the SARFAESI Act does not bar the jurisdiction of civil court in a suit for damages or compensation Mrs. Leelamma Mathew vs. M/s Indian Overseas Bank & Ors. [Civil Appeal No. 7128 of 2022] RELEVANT PARAGRAPH 5.2 Now so far as the submission on behalf of the...

Nandini Sharma & Anr. vs. Registrar Supreme Court of India & Ors [Writ Petition (Civil) No.1087 of 2022] Court is not sitting as an Appellate Forum seeking to pronounce on the wisdom of the legislation  RELEVANT PARAGRAPH 10. The contention...

Principals on fixation of fee of the arbitral tribunal – SC Oil and Natural Gas Corporation Ltd. vs. Afcons Gunanusa JV [Arbitration Petition (Civil) No. 05 of 2022] RELEVANT PARAGRAPH 35. It will now be appropriate to summarize the legal...

An informant has no right in law to withdraw the complaint of a non-compoundable offence of a grave nature which impacts society Daxaben vs. The State of Gujarat & Ors. [SLP (Crl.) No.1132-1155 of 2022] RELEVANT PARAGRAPH 37. Offence under...

Relief not found on pleadings should not be granted Mrs. Akella Lalitha vs. Sri Konda Hanumantha Rao & Anr. [Civil Appeal Nos. 6325-6326 of 2015] RELEVANT PARAGRAPH 15. ……..It is settled law that relief not found on pleadings should not...

Mother has the right to decide the surname of the child after demise of first husband and re-marriage Mrs. Akella Lalitha vs. Sri Konda Hanumantha Rao & Anr. [Civil Appeal Nos. 6325-6326 of 2015] RELEVANT PARAGRAPH 10. After the demise...

What is the desire of the child is different and distinct from the question what would be in the best interest of the child Rohith Thammana Gowda vs. State of Karnataka & Ors. [Civil Appeal Nos. 4987 of 2022] RELEVANT PARAGRAPH 8. At the outset...

Notification under section 4(1) is the starting point of acquisition proceedings under the L.A. Act Haryana State Industrial and Infrastructure Development Corporation Ltd. & Ors. vs. Mr. Deepak Aggarwal & Ors. [SLP (C) Nos. 16631-16632/2018] RELEVANT PARAGRAPH 19. A careful...

Conclusion reached in the PMLA judgement while upholding the constitutional validity of multiple provisions of the PMLA, 2002 Vijay Madanlal Choudhary & Ors. vs. Union of India & Ors. [Special Leave Petition (Criminal) No. 4634 of 2014] RELEVANT PARAGRAPH 187....

Chief Metropolitan Magistrate includes Additional Chief Metropolitan   Magistrate for the purposes of Section 14 of the SARFAESI Act M/s R.D. Jain and Co. vs. Capital First Ltd. & Ors. [Civil Appeal No. 175 of 2022] RELEVANT PARAGRAPH 10.2 In view...

Once an arbitrator is not appointed as per the agreed procedure within stipulated time, right of the party concerned to appoint an arbitrator is forfeited M/s Continental India Private Limited vs. General Manager Northern Railway [Civil Appeal No.  4829 of 2022] RELEVANT PARAGRAPH 6.1 At...

Petition under Article 227 against the ex­parte decree cannot be entertained in view of a specific remedy of appeal provided under the CPC Mohamed Ali vs. V. Jaya & Ors. [Civil Appeal No.  4113 of 2022] RELEVANT PARAGRAPH 7.1. Applying the law laid down by this Court in the aforesaid...

Mere discovery cannot be interpreted as sufficient to infer authorship of concealment by the person who discovered the weapon Shahaja @ Shahajan Ismail Mohd. Shaikh vs. State of Maharashtra [Criminal Appeal No. 739 of 2017] RELEVANT PARAGRAPH 45. What emerges...

Principles for appreciation of ocular evidence in a criminal case Shahaja @ Shahajan Ismail Mohd. Shaikh vs. State of Maharashtra [Criminal Appeal No. 739 of 2017] RELEVANT PARAGRAPH 27. The appreciation of ocular evidence is a hard task. There is...

Order XV Rule 5 CPC embodies that there is no holidaying for a tenant in payment of rent or damages for use and occupation of premises whether the lease is subsisting or it has been determined Asha Rani Gupta vs....

SC Confirms Death Penalty to Man for Rape and Murder of Minor Girl Manoj Pratap Singh vs. The State of Rajasthan, Crl. A. No. 910-911/2022 RELEVANT PARAGRAPH 57. In the present case, where all the elements surrounding the offence as...

Supreme Court rejects Zakia Jafri’s charges against Narendra Modi and 60 officials in 2002 Gujarat riots Zakia Ahsan Jafri vs. State of Gujarat & Anr., Crl. A. No. 912/2022 RELEVANT PARAGRAPH 89. To sum up, we are of the considered...

If the law requires something to be done in a particular manner, then it must be done in that manner, and if it is not done in that manner, then it would have no existence in the eye of the...

Offence of rape and another of hurling abuses and threats are just like chalk and cheese – they cannot be connected together Ms. P1 XXX vs. State of Uttarakhand & Anr., Criminal Appeal No. 903 of 2022 RELEVANT PARAGRAPH 3....

Nature of relief claimed in the plaint is decisive of the question of suit valuation Bharat Bhushan Gupta vs. Pratap Narain Verma & Anr., Civil Appeal No. 4577 of 2022 RELEVANT PARAGRAPH 9.1. It remains trite that it is the...

The holder of the Recovery Certificate would be a financial creditor under clause (7) of Section 5 of the IBC and the limitation period starts from the date of issuance of the certificate Kotak Mahindra Bank Limited vs. A. Balakrishnan...

Offence of infringement of copyright under Section 63 of the Copyright Act is a cognizable offence M/s Knit Pro International vs. The State of NCT of Delhi & Anr., Criminal Appeal No. 807 of 2022 RELEVANT PARAGRAPH 5.1 The short...

Doctrine of delay and laches or for that matter statutes of limitation are considered to be statutes of repose and statutes of peace Rushibhai Jagdishchandra Pathak vs. Bhavnagar Municipal Corporation, Civil Appeal No. 4134 of 2022 RELEVANT PARAGRAPH 9. The...

Mohd Firoz vs. State of Madhya Pradesh, Criminal Appeal No. 612 of 2019 Every saint has a past every sinner has a future: Supreme Court Commutes Death Sentence Imposed on Man for Rape & Murder of 4 year old girl ...

State of Chhattisgarh & Anr. vs. M/s Sal Udyog Private Limited [Civil Appeal No. 4353 of 2010] A ground not raised in application for setting aside of arbitration award can be raised in appeal u/s 37 22. ………In our opinion,...

Ngaitlang Dhar v. Panna Pragati Infrastructure Private Limited & Ors., Civil Appeal Nos. 3665-­3666 of 2020 “Commercial wisdom’ of the CoC has been given paramount status for ensuring completion of the CIRP processes within the timelines Brief: In the instant decision, the Hon’ble Supreme...

Brigade Enterprises Limited v. Anil Kumar Virmani & Ors., Civil Appeal No. 1779 of 2021 Reading “a consumer” to exclude more than one consumer has disastrous consequence Brief: In the instant appeal, the Hon’ble Supreme Court held that there is no bar against several...

Pani Ram v. Union of India and Ors., Civil Appeal No. 2275 of 2019 Article 14 would also apply to a man who has no meaningful choice except to sign on dotted lines Brief: While allowing the instant appeal and...

Kewal Krishan V. Rajesh Kumar & Ors. Etc., Civil Appeal Nos. 6989-6992 of 2021 Sale deed without any price is void and has no effect Brief: In the instant appeal, the Hon’ble Supreme Court held that payment of price is...

Union of India vs. Manraj Enterprises, Civil Appeal No. 6592 of 2021 No interest awardable by arbitrator when contract forbids it Brief: The Hon’ble Supreme Court in the instant petition set aside awarding of pendente lite and future interest by...

Steel Authority of India Limited vs. Gouri Devi, Civil Appeal No. 6910 of 2021 Delay militates against seeking appointment on compassionate grounds Brief: The Hon’ble Supreme Court set aside the impugned orders and held that the application to reconsider the...

M/S. Narinder Singh and Sons vs. Union of India Through Divisional Superintendent Engineer – II, Northern Railway, Ferozepur Division, Ferozepur, Civil Appeal No. 6734 of 2021 Opportunity of hearing should neither be sacrificed nor inflated Brief: The Hon’ble Supreme Court...

The State of Madhya Pradesh & Ors. vs. Ashish Awasthi, Civil Appeal No. 6903 of 2021 Appointment on compassionate ground is governed by the policy prevalent at the time of death of the deceased employee and not the subsequent policy...

Union of India & Ors. v. Ilmo Devi & Anr. [Civil Appeal Nos. 5689-5690 of 2021] Part-time employees are not entitled to seek regularization as a matter of right RELEVANT PARAGRAPH 8.7 Thus, as per the law laid down by...

Ashutosh Ashok Parasrampuriya & Anr. V. M/S. Gharrkul Industries Pvt. Ltd. & Ors [Criminal Appeal No(S).  1206 of 2021] For issuance of summons on directors it is necessary to show Directors as responsible for the conduct of the business of...

Milkhi Ram v. Himachal Pradesh State Electricity Board [Civil Appeal No. 1346 of 2010] Civil court lacks jurisdiction to entertain a suit structured on the provisions of the Industrial Disputes Act RELEVANT PARAGRAPH 16. As can be seen from the...

Rajendra Narottamdas Sheth & Anr. vs. Chandra Prakash Jain & Anr, Civil Appeal No. 4222 of 2020 Application under section 7 of the IBC by the Power of Attorney holder of the financial creditor is maintainable  RELEVANT PARAGRAPH 12. In...

United India Insurance Co. Ltd. vs. Sushil Kumar Godara, Civil Appeal No. 5887 of 2021 Non-registration or non-application for permanent number of vehicle is a material breach of insurance policy  RELEVANT PARAGRAPH 13. In the present case, the temporary registration...

The State of Uttar Pradesh & Ors. vs. Principal Abhay Nandan Inter College & Ors., Civil Appeal No. 865 of 2021 A policy decision is made to withdraw the aid, an institution cannot question it as a matter of right...

Srihari Hanumandas Totala vs. Hemant Vithal Kamat & Ors [Civil Appeal No 4665 2021] Plaint cannot be rejected on plea of res judicata Brief: In the present appeal, the Supreme Court after adverting to several principles relating rejection of plain...

Kay Bouvet Engineering Ltd. vs. Overseas Infrastructure Alliance (India) Private Limited [Civil Appeal No. 1137 of 2019] Court while admitting section 9 application has only to see whether a dispute truly exists in fact and is not spurious, hypothetical or illusory Brief: The Supreme Court...

Suman Chadha & Anr. vs. Central Bank of India [Special Leave Petition (C) No. 28592 of 2018] Undertaking given to play fraud upon the court and obtain relief is contempt of court Brief: In the instant case, the Supreme Court while dismissing the SLP, confirmed the...

Dena Bank (now Bank of Baroda) vs. C. Shivakumar Reddy and Anr [Civil Appeal No. 1650 of 2020] Decree for money passed by the DRT, or any other Tribunal or Court would give rise to a fresh cause of action...

Amazon.Com NV Investment Holdings vs Future Retail Ltd and others The Supreme on Friday ruled that Future Retail’s $3.4-billion deal to sell its retail assets was bound by an arbitrator’s order that put the transaction on hold. This is a...

New Okhla Industrial Development Authority & Anr. vs. B D Singhal & Ors., [Civil Appeal No. 2310 of 2021] Deciding effective date for superannuation falls in realm of policy and High Court trench thereupon  Brief: In the instant civil appeal,...

K.P. Natarajan & Anr. vs. Muthalammal & Ors. [Special Leave Petition (C) No.2492 of 2021] Decree against minor without having been represented by a duly appointed guardian is nullity Brief: In the instant petition the Supreme Court affirmed that a...

Reepak Kansal vs. Union of India and others [Writ Petition (Civil) No. 554 Of 2021] Supreme court directs NDMA to frame guidelines for grant of ex gratia assistance on account of loss of life due to COVID-19 Brief: In the...

Shaik Ahmed vs. State of Telangana [Criminal Appeal No.533 of 2021] Threat to hurt or death is a pre-condition to attract the offence under section 364-A (kidnapping for ransom) Brief: In this case, the Supreme court partly allowed the appeal...

Satbir Singh & Another vs. State of Haryana [Criminal Appeal Nos. 1735­1736 of 2010] Section 304­-B of IPC does not take a pigeonhole approach in categorizing death as homicidal or suicidal or accidental  Brief: In this appeal, the Supreme Court...

Gurmeet Singh vs. State of Punjab [Criminal Appeal No. 1731 of 2010] A conviction under section 304-B can be sustained without any charges under section 498-A of IPC Brief: In this appeal, the Supreme Court has affirmed the conviction of...

Nathu Singh vs. State of Uttar Pradesh & Ors. [Criminal Appeal No.522 of 2021] Court can grant special protection despite dismissal of application for anticipatory bail, provided it is reasoned Brief: In the instant appeal, the Hon’ble Supreme Court set...

Gautam Navlakha vs. National Investigation Agency [Criminal Appeal No.510 of 2021] Court can order house arrest under section 167 of the CrPC based on multiple factors like age etc. Brief: In the instant appeal, the Supreme Court dismissed the plea...

Uttar Pradesh Power Transmission Corporation Ltd. and Anr. vs. CG Power and Industrial Solutions Limited and Anr. [Special Leave Petition (C) No. 8630 of 2020] Existence of arbitration clause does not bar writ jurisdiction Brief: In the instant petition the...

Jayamma & Anr. vs. State of Karnataka [Criminal Appeal No. 758 of 2010] Dying declaration is admissible in evidence on the principle of necessity and can solitarily lead to conviction Brief: In this appeal the Supreme Court set aside the...

Rahul Sharma & Anr. vs. National Insurance Company Ltd. & Ors. [Civil Appeal No. 1769 of 2021] Supreme Court confirmed grant of future prospect regardless of victim being self-employed Brief: In this appeal the Supreme Court set aside the judgement of the High Court wherein...

Mangala Waman Karandikar (D) TR and LRS. vs. Prakash Damodar Ranade [Civil Appeal No. 10827 of 2010] When a document is a straightforward proviso 6 of section 92 or section 95 of the Evidence Act do not apply. Brief: In the instant case, the Supreme...

Sanjay Kumar Rai vs. State of Uttar Pradesh & Anr. [Criminal Appeal No.472 of 2021] Orders framing charges or refusing discharge are amenable to revision jurisdiction Brief: In the said appeal, the Supreme Court held that orders framing charges or  ...

Mallappa vs. State of Karnataka [Criminal Appeal No. 1993 of 2010] Merely accused seen running away is too thin evidence to convict someone under s. 302 Brief: The Supreme Court set aside the conviction of the accused by the High Court. Notably, the Court observed that in...

Supreme Court holds WB-HIRA as unconstitutional for repugnancy with RERA Forum for People’s Collective Efforts (FPCE) & Anr. vs. The State of West Bengal & Anr [Writ Petition (C) No. 116 of 2019] Brief: The Supreme Court in this petition...

Court has not to delve deep into the intricies of human mind to explore the undisclosed intention in an agreement Bangalore Electricity Supply Company Limited (BESCOM). vs. E.S. Solar Power Pvt. Ltd. & Ors. [Civil Appeal No. 9273 of 2019]...

Plaintiff entitled to compensation if land was acquired by government after the agreement to sell between the parties Sukhbir vs. Ajit Singh [Civil Appeal No. 1653 of 2021] Brief: In this case, the decree of specific performance of was passed...

Conditions of State in an agreement has to be fair and reasonable Jharkhand State Electricity Board and Others vs. M/S Ramkrishna Forging Limited [Civil Appeal No.6145 Of 2010] Brief: In the instant appeal of the Jharkhand State Electricity Board, the Hon’ble Supreme Court upheld...

Injured witness must be given due weightage being a stamped witness Kalabhai Hamirbhai Kachhot vs. State of Gujarat [Criminal Appeal No. 216 of 2015] RELEVANT PARAGRAPH …..27. The evidence of an injured witness must be given due weightage being a stamped witness, thus, his...

Reliance on testimony of disabled witness cannot be treated inferior if otherwise inspiring confidence Patan Jamal Vali vs. The State of Andhra Pradesh [Criminal Appeal No 452 of 2021] RELEVANT PARAGRAPH 44. A survey and analysis of High Court judgments...

Supreme Court reiterates principles governing grant of bail Sudha Singh vs. The State of Uttar Pradesh & Anr. [Criminal Appeal No. 448 of 2021] Brief: In this appeal the Supreme Court set aside order of the Allahabad High Court granting...

Supreme Court issues directions for speedy execution of decrees Rahul S Shah vs. Jinendra Kumar Gandhi [Civil Appeal Nos. 1659-1660 of 2021] Brief: In the instant appeals, the Supreme Court deprecated the delays happening in execution of decrees. The Court...

Supreme court issues directions for protection of Great Indian Bustard from collision with voltage lines M.K. Ranjitsinh & Ors. vs. Union of India & Ors. [I.A. No.85618 of 2020 in Writ Petition (Civil) No. 838 of 2019] Brief: In the...

Supreme Court issues directions for changes in process of disposal of cheque bounce cases In Re: Expeditious Trial of Cases under Section 138 of N.I. Act 1881 [Suo Motu Writ Petition (Crl.) No. 2 of 2020] Brief: In the instant...

Complete non-compliance with procedure laid in section 42 of the NDPS is impermissible Boota Singh & Others vs. State of Haryana [Criminal Appeal No. 421 of 2021] Brief: In the instant appeal, the Hon’ble Supreme Court allowed the appeal and...

Balance sheets can amount to acknowledgement of debts and lead to extension of limitation period under section 18 of the Limitation Act Asset Reconstruction Company (India) Limited vs. Bishal Jaiswal & Anr. [Civil Appeal No.323 of 2021] Brief: In the...

At the stage of framing of the charge and discharge application mini-trial is not permissible State of Rajasthan vs. Ashok Kumar Kashyap [Criminal Appeal No. 407 of 2021] Brief: In the instant criminal appeal, the Hon’ble Supreme Court held that...

All claims not part of resolution plan get extinguished on approval of resolution plan by Adjudicating Authority under S. 31 IBC Ghanashyam Mishra and Sons Private Limited vs. Edelweiss Asset Reconstruction Company Limited [Civil Appeal No. 8129 of 2019] Brief:...

Supreme Court issues directions to High Courts on “no coercive orders” at the time of petition under section 482 / Article 226 M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra [CrA 330 OF 2021] Brief: The Hon’ble Supreme Court...

A.R. Madana Gopal Etc. vs. M/S Ramnath Publications Pvt. Ltd. and Anr. [Civil Appeal Nos.3523-3526 of 2010] Suit for specific performance cannot be dismissed on the sole ground of delay or laches Brief: In the said appeal, the Hon’ble Supreme...

Ramesh alias Dapinder Singh vs. State of Himachal Pradesh [Criminal Appeal No.347 of 2021] Common intention requires something to be done “in furtherance” of common intention to incur vicarious liability Brief: The Hon’ble Court in the said decision has acquitted...

Narbada Devi and Ors. Vs. H.P. State Forest Corporation & Anr. [Civil Appeal No. 6379 of 2010] Insurance company not liable as the death caused is not of accident Brief: In the instant Civil Appeal, the Hon’ble Supreme Court held...

Government of Maharashtra vs Borse Brothers Engineers and Contractors Pvt Ltd, Civil Appeal No. 995 of 2021 Delay in filing of appeal under section 37 of Arbitration Act is condonable Brief: The Supreme Court has in the instant decision over-ruled...

K. Prakash & Anr. vs. The State of Karnataka [Criminal Appeal No. 336 of 2021] Ratio: Many factors which may not be relevant to determine the guilt, must be seen with a human approach, at the stage of sentencing RELEVANT...

Aparna Bhat vs. State of Madhya Pradesh [Crl. A. No. 329/2021] Supreme Court deprecates condition of tying rakhi to victim for grant of bail to an accused of sexual offences and issues directions Brief: The Apex Court while setting aside...

Karulal & Ors. vs. The State of Madhya Pradesh [Criminal Appeal No. 316 of 2011] [09.10.2020] – Conviction for murder – independent witness – hostile witnesses – past enmity Brief: In the present case, the Appellants had appealed against the...

Ashish Seth vs. Sumit Mittal and others [Contempt Petition(C) No. 34/2016 In Writ Petition (Criminal) No.5/2015] [09.10.2020] – Contempt Petition – Performance of Memorandum of Settlement – Directions of Court Brief: The Supreme Court in the present petition has refused to initiate contempt proceedings for...

NRI quota is neither sacrosanct, not inviolable in terms of existence in any given year, or its extent Nilay Gupta vs Chairman NEET PG Medical and Dental Admission/Counselling Board 2020 and Principal Govt. Dental College & Ors. [Civil Appeal No....

Supreme Court relaxes the bail condition imposed by the High Court and allows the accused to visit college Ankita Kailash Khandelwal & Ors. vs. State of Maharashtra & Ors. [Criminal Appeal Nos. 660-662 of 2020] [08.10.2020] – Bail condition –...

An accused is not entitled to copy of statement U/s 164 unless cognizance is taken and process is issued Miss ‘A’ vs. State of Uttar Pradesh and Anr. [Criminal Appeal No.659 of 2020] [08.10.2020] – Supply of documents (164 statement)...

No person or group of persons can block public places to express dissent more so for indefinite time Amit Sahni vs. Commissioner of Police & Ors. [Civil Appeal No. 3282 of 2020] [08.10.2020] – Saheen Bagh Protest – Anti- Citizenship...

Mere inclusion of candidate in a selection list does not confer a vested right to appointment Commissioner of Police and Anr vs. Umesh Kumar [Civil Appeal No. 3334 of 2020] [07.10.2020] – Place in selection list for service – revised...

Juvenility for an offence committed under the JJ Act, 1986 is as defined in JJ Act 2000 i.e. 18 years as on date of offence Satya Deo @ Bhoorey vs. State Of Uttar Pradesh [Criminal Appeal No. 860 of 2019]...

SLP is not maintainable against order of dismissal of review petition unless the main judgement of the High Court is challengeable and is challenged T.K. David vs. Kuruppampady Service Co-Operative Bank Ltd. & Ors. [Special Leave Petition (C) No.10482 of...

Notice is no impediment to recovery of vehicle unless the Hire-Purchase Agreement mandates it or it is otherwise implicit in the Agreement and loss is shown by the hirer M/S Magma Fincorp Ltd. vs. Rajesh Kumar Tiwari [Civil Appeal No....

Supreme Court confirms award of damages and quantum of damages awarded by an arbitrator M/S Arun Kumar Kamal Kumar & Ors. vs. M/S Selected Marble Home & Ors. [Civil Appeal No. 8980 of 2017] [01.10.2020] Damages and quantum off damages...

Supreme Court charters directions for refund of amounts against cancellation of airline tickets Pravasi Legal Cell & Ors. vs. Union of India & Ors. [W.P. (C) D. No.10966 of 2020] [01.09.2020] Refunds of amounts on cancellation of airline tickets due...

Conviction for abetment to suicide cannot be merely on surmises and conjectures Gurcharan Singh vs. The State Of Punjab [Criminal Appeal No. 40 of 2011] [01.10.2020] – Abetment to suicide Brief: In this criminal appeal, the Supreme Court has set...

COVID-19 is not a ‘public emergency’ as under section 5 of the Factories Act Gujarat Mazdoor Sabha & Anr. vs. The State of Gujarat [Writ Petition (Civil) No. 708 of 2020] [01.10.2020] – Covid-19 – Public emergency – Factories Act...

Neetu Yadav vs. Sachin Yadav [Transfer Petition (Civil) No.455 of 2020] [30.09.2020] Transfer – Distance – Real likelihood of bias Brief: In this transfer the Supreme Court transferred the divorce proceedings from Court in Dwarka to Indore for the reason...

Subed Ali and Others vs. The State of Assam [Criminal Appeal No.1401 of 2012] [30.09.2020] Common Intention – Charge Brief: In the criminal appeal, the Hon’ble Supreme Court confirmed conviction of the appellants under section 302 read with section 34 of IPC. While doing...

Satish @ Sabbe vs. The State of Uttar Pradesh [Special Leave Petition (Crl.) No. 7369 of 2019] [30.09.2020] – Premature release – Kidnapping Brief: In the present case, the petition related to prayer of premature release of the convicts in...

Kaushik Chatterjee vs. State of Haryana & Ors. [Transfer Petition (Crl.) No.456 of 2019] [30.09.2020] Principles for transfer of a criminal and civil case Brief: The present transfer petition was sought on the ground that no cause of action arose...

State of Madhya Pradesh & Ors. vs. Amit Shrivas [Civil Appeal No. 8564 of 2015] [29.09.2020] – Appointment on compassionate ground – Permanent and Regularized employee Brief: In this case, the Hon’ble Supreme Court was hearing a plea for appointment...

Maheshwar Tigga vs. The State of Jharkhand [Criminal Appeal No.  635 of 2020] [28.09.2020]: Section 313 statement – promise to marry – cheating Brief: In this case, the Supreme Court set aside the acquittal of the appellant sections 376, 323 and 341 of the Indian Penal Code. While hearing...

Anwar Ali and another vs. The State of Himachal Pradesh [Criminal Appeal No. 1121 of 2016] [25.09.2020] – Re-appreciation of Evidence in Appeal – Conviction on basis of Circumstantial evidence – Relevance of Motive Brief: In this case, upholding the order of acquittal by the Trial Court...

Dr. Jitendra Gupta vs. Dr. C. Chandramouli, IAS (Secretary, DoP & T, Government of India) [Civil Appeal No(s).3298 of 2020] [25.09.2020] – Administrative Law – Service Law Brief: In this case, the appellant had sought his transfer from Bihar Cadre...

Beli Ram vs. Rajinder Kumar & Anr. [Civil Appeal Nos. 7220-7221 of 2011] [23.09.2020] – Motor Vehicles Act – Workmen Compensation Act Brief: In this case, the Supreme Court has held that if a driver does not hold a valid...

Union of India & Ors. vs. M/S G S Chatha Rice Mills & Anr. [Civil Appeal No 3249 of 2020]: Supreme Court of India [23.09.2020] Custom Act – Notification – Prospective or Retrospective Brief: This appeal concerned with a question...

National Alliance for People’s Movements & Ors. vs. The State of Maharashtra & Ors. [Special Leave Petition (Crl) No. 4116 of 2020] [22.09.2020] – Bail – Pandemic – Classification of prisoners Brief: In this writ petition, first the Bombay High Court upheld the directions made by...

State of Kerala & Anr. etc. vs. M/S RDS Project Limited & Ors. etc. [Civil Appeal Nos. 3239-3246 of 2020] [22.09.2020] – Judicial review Brief: In this civil appeal, the underlying dispute related to construction of bridge and for defects...

Rakesh Kumar Agarwalla & Anr. vs. National Law School of India University, Bengaluru & Ors. [Writ Petition (Civil) No. 1030 of 2020] [21.09.2020] – NLAT unconstitutional Brief: In the present writ petition, The Supreme Court after locus standi of the...

B. Santoshamma & Anr. vs. D. Sarala & Anr [Civil Appeal No.3574 of 2009] [18.09.2020] – Part-performance – Specific Performance Brief: In the said the Supreme Court upheld part performance of a sale deed between the parties. In this case,...

Pappu Deo Yadav vs. Naresh Kumar and Ors. [Civil Appeal No. 2567 of 2020] [17.09.2020] – Compensation – Future loss of income – Future prospect Brief: In this case the Supreme Court has held that a claimant in cases of...

M/S. MSD Real Estate LLP vs. The Collector of Stamps & Anr. [Civil Appeal No. 3194 of 2020] [17.09.2020] – Stamp Duty – Cancellation of development permission Brief: In this case, the Supreme Court upheld the order of cancellation of...

Trustees of H.C. Dhanda Trust vs. State of Madhya Pradesh & Ors. [Civil Appeal Nos. 3195-3196 of 2020] [17.09.2020] – Deficient stamp duty – Extent of penalty Brief: In this case, the Collector had imposed a penalty of 10 times...

Lalan D. @ Lal vs. The Oriental Insurance Company Ltd. [Civil Appeal No.2855 of 2020] [17.09.2020] – MACT Brief: In this appeal the Supreme Court has enhanced compensation under section 166 of the Motor Vehicles Act, 1988. The Court awarded...

Through GOI v. Vedanta Ltd. (Formerly Cairn India Ltd.) & Ors [2020 SCC OnLine SC 381] 16.09.2020: Arbitration Act – Foreign Award – Enforcement – Limitation – Public Policy Brief: In this case the Supreme Court has held allowed enforcement of...

Jugut Ram vs. The State of Chhattisgarh [Criminal Appeal No.  616 of 2020] IPC – Section 302 vs. Section 304 Brief: In the case, the Supreme Court has changed the conviction of appellant from under section 302 to under section 304 Part II as the assault was not pre-mediated...

Balasore Alloys Limited vs. Medima LLC [Arbitration Petition (Civil) No. 15/2020] [16.09.2020] – Arbitration – Appointment of Arbitrator – Conflicting arbitration clauses Brief: In this Petition, their existed two arbitration clauses in separate documents of a single main contract. The Supreme Court noted that...

Neetu Kumar Nagaich vs. The State of Rajasthan and Others [Writ Petition (Crl.) No. 141 of 2020] [16.09.2020] – CrPC – De novo investigation Brief: The Supreme Court in this writ petition has ordered fresh investigation by a fresh team...

Abhilasha vs. Parkash & Ors. [Criminal Appeal No. 615 of 2020] [15.09.2020]: CrPC – Section 125 – Hindu Adoption and Maintenance Act, 1956 – Section 20 Brief: In this case the Court held that a unmarried daughter having attained majority...

Jeet Ram vs. The Narcotics Control Bureau, Chandigarh [Criminal Appeal No. 688 of 2013] [15.09.2020]: NDPS – Conviction in Appeal Brief: In this case the Supreme Court upheld conviction of the Appellant under section 20 of the NDPS Act. The...

National Co-operative Development Corporation vs. Commissioner of Income-Tax, Delhi-V [Civil Appeal No. 5105-5107 of 2009] [11.09.2020] – Income Tax – Interest income – loan – grant – Advance Ruling system Brief: In the said civil appeal, the Hon’ble Supreme Court...

Pravin Kumar vs. Union of India and Ors. [Civil Appeal No. 6270 of 2012] [10.09.2020] – Judicial Review – difference between disciplinary proceedings and criminal proceedings Brief: In this the Supreme Court upheld the dismissal order of Appellant for charges...

Rizwan Khan vs. The State of Chhattisgarh [Criminal Appeal No. 580 of 2020] [10.09.2020] – Independent witness – Complainant and Investigating authority as same person – Recovery of vehicle – Clerical errors Brief: In this criminal appeal the Supreme Court...

Rajasthan State Road Transport Corporation and Ors. vs. Goverdhan Lal Soni and Anr. [Civil Appeal No.1789 of 2020] [09.09.2020] – Contributory Provident Fund and Pension Brief: In this appeal, the Supreme Court upheld the order of the Division Bench of...

Stalin vs. State represented by the Inspector of Police [Criminal Appeal No. 577 of 2020] [09.09.2020] – Murder and Culpable Homicide not amounting to murder Brief: In this the Court held that there is no universal rule of law that...

The New India Assurance Company Limited vs. Smt. Somwati and Others [07.09.2020] – Compensation under Motor Vehicles Act Brief: The Supreme Court today held that loss of consortium can also be awarded to children and parents and is not limited...

M/S Bangalore Club vs. The Commissioner of Wealth Tax & Anr. [08.09.2020] – Compensation under Motor Vehicles Act Brief: The Supreme Court today held that loss of consortium can also be awarded to children and parents and is not limited to...

Sri Marthanda Varma (D) Thr. Lrs. & Anr. vs. State of Kerala & Ors. [Civil Appeal No. 2732 of 2020] [13.07.2020] – Shebait and Shebaitship Brief: In this judgement the Hon’ble Supreme Court upheld the Shebait rights of the erstwhile...

Dahiben vs. Arvindbhai Kalyanji Bhanusali (Gajra)(d) Thr Lrs & Ors. [Civil Appeal No. 9519 of 2019] [09.07.2020]: Rejection of Plaint, Cause of Action, Limitation, Sale of Property Brief: The Supreme Court has discussed rejection of plaint, cause of action, limitation...

Reepak Kansal vs. Secretary General, Supreme Court of India & Ors [Writ Petition (Civil) No. 541 of 2020] [06.07.2020] – Position of Registry in judicial system Brief: In this the Hon’ble Supreme Court rejected the writ petition that registry has...

Aruna Oswal vs. Pankaj Oswal & Ors. [Civil Appeal No. 9340 of 2019] [06.07.2020] – Oppression and Mismanagement Brief: In this case the Hon’ble Supreme Court upheld that the legal representative of the deceased whose name appears in register of...