Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
Pitching for a permanent 5-judge bench, the Court reasoned that resolving constitutional issues is the primary task of Judges of the Supreme Court, that must remain its core priority. Pendency of references for far too long does not reflect well on the institution.
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Supreme Court explains the scope of Order 14 Rule 2(2) CPC and holds that once the trial of issues generally has commenced, an issue cannot subsequently be severed and tried as a preliminary issue.
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The Court emphasised that constitutional guarantees cannot depend upon the nature or gravity of the alleged offence. The Constitution cannot be interpreted in a vacuum or based on “ifs and buts”.
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Supreme Court held that the presumptions relating to the commission of an offence and culpable mental state under the POCSO Act are rebuttable. As the appellant had successfully rebutted the statutory presumption and the prosecution had failed to establish his guilt beyond reasonable doubt, the Court acquitted him of the offences under Section 363 IPC and Section 6, POCSO Act.
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NCLAT was not precluded from invoking actus curiae neminem gravabit, particularly Section 61 IBC did not provide an alternative remedy for a situation caused by the Tribunal’s own e-filing failure.
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The question before the Court was whether candidates who had obtained their preceding degrees through open or correspondence mode but subsequently completed a 3-year regular LLB from recognised universities, could be provisionally enrolled as advocates pending final adjudication on Rule 5, Rules of Legal Education, 2008.
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Supreme Court examined the legal effect of the Entitlement Rules 2008, their relationship with the 1982 Rules, the role of Medical Board opinions, and the shift in burden of proof after 15 years in disability pension claims.
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The Court approved Amicus’s 11 condition framework for disposal of minerals from expired leases, holding the conditions mandatory, and permitted amalgamation of mining blocks with virgin forest land for auction, subject to strict statutory and environmental safeguards..
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“The BNS by incorporating Section 69 brought in a separate offence carving out the fraudulent and deceitful conduct as spoken of therein from the grave offence of rape, while at the same time providing a penalty for the deceptive conduct alleged therein.”
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Supreme Court observed that while the accused being a teacher, needed to be more sensitive when dealing with young students, particularly girl students, his inappropriate conduct or use of corporal punishment, in the absence of the requisite sexual intent, could not by itself justify prosecution under the stringent provisions of the POCSO Act.
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The Court specifically requested the Delhi High Court to “monitor the case at short intervals”.
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The Court held that the Human Rights Commission and Human Rights Court constitute two distinct and complementary mechanisms under the Human Rights Act, 1993 and the Rule 6 merely supplies the procedural machinery for invoking the jurisdiction of a Human Rights Court, it does not create a substantive or parallel regime.
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Supreme Court holds that a writ petition under Article 226 cannot be treated as one under Article 227 to deny an appellate remedy. Revenue Court orders can be challenged under Article 226.
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The Court considered “preservation of experienced judicial officers, while removing the clog of deadwood, blocking the entrance of young blood invigorating the system”, a balance approach to the problem in hand.
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Supreme Court issued directions to Tamil Nadu to facilitate transit through territorial waters and timely access pass clearance for purse seine fishing in EEZ
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Supreme Court cautioned that AI may assist adjudication but can never be substituted for adjudication, setting aside a ₹425.27 crore Customs penalty after reliance on dubious AI-generated case laws.
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Supreme Court Quashes FIRs, Invokes Article 142 and Directs Pan-India Compensation for Students’ Families in NEET-UG 2026 Protests
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While the arbitrator and the Tribunal proceeded on the presumption that claimant continued to be a member of respondent Society, the Delhi High Court found that material documentary evidence concerning his resignation, transfer of his share and rejection of his subsequent membership application had been overlooked.
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The Court clarified that no particular form of attestation is prescribed under Section 81(3), Representation of the People Act, 1951, and different endorsements may suffice where they convey the same meaning
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Family Court had dismissed respondent-mother’s application for restoration of custody, by recording findings contrary to the material placed before it and inconsistent with the Karnataka High Court’s express order modifying the visitation arrangement.
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