Supreme Court

This column will list all the case briefs on the decisions of the Supreme Court

suit under S. 92 CPC
Case BriefsSupreme Court

Allowing former President of Operation ASHA to commence suit under Section 92 CPC, the Court clarified that reliefs insofar as the removal of the Respondent 1 from the post of President and board member, along with the grievances which the Respondents 1 and 2 respectively may have with the other board members, would have to be agitated in a separate suit.

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ecological imbalance
Case BriefsSupreme Court

Himachal Pradesh is witnessing rising average temperatures, shifting snowfall patterns, and an increase in frequency, intensity of extreme weather events, and major causes of destruction are Hydro Power Projects, four lane roads, deforestation, multi-storey buildings, etc. Thus, ecological diversity and growing human demands necessitate immediate sustainable planning and conservation measures.

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Case BriefsSupreme Court

Where statutes in pari materia serve a common object in absence of any provision indicating to the contrary, it is permissible for a court of law to ascertain the meaning of the provision in the enactment by comparing its language with the other enactment relating to the same subject matter.

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acknowledgment of debt in balance sheet
Case BriefsSupreme Court

The judgment reaffirmed the principle that entries in a corporate debtor’s balance sheet can constitute an acknowledgment of liability under Section 18 of the Limitation Act, provided they indicate a subsisting jural relationship between the parties, even if the financial creditor is not named explicitly. The Court emphasised that such entries must be interpreted liberally and in context, considering the overall tenor of the balance sheet and the surrounding circumstances.

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TSRTC colour blind employee redeployment
Case BriefsSupreme Court

Stating that TSRTC’s omission to consider redeployment violates both statutory and constitutional obligations, the Court directed that the colour-blind employee be appointed to a suitable post, consistent with his condition.

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Convict who murdered family released from death row
Case BriefsSupreme Court

The Court stated that though the appellant was illiterate, he was not irrational, as he had a plan in mind which he executed, thereby achieving his goal.

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Bhushan Steel liquidation
Case BriefsSupreme Court

Recalling the previous judgment dated 2-5-2025, the Court found that this was a fit case warranting exercise of review jurisdiction vested in the Supreme Court.

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Telangana Assembly Speaker BRS MLAs defection
Case BriefsSupreme Court

“The question, therefore, that we ask ourselves is as to whether the Speaker has acted in an expeditious manner, when expedition was one of the main reasons, why the Parliament had entrusted the important task of adjudicating disqualification petitions to the Speaker/Chairman”.

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retrospectively imposing harsher penalty
Case BriefsSupreme Court

Since the offence was committed on 20-5-2019, the amended provision of Section 6 of the Protection of Children from Sexual Offences (Amendment) Act, 2019, which came into force on 16-8-2019, could not have been applied to his case.

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Section 35 BNSS notices
Case BriefsSupreme Court

“Section 35 of the BNSS, 2023 provides for arrest of persons by the Investigating Agency, ensuring that the person concerned appears before the Investigating Agency and cooperates with the investigation. The provision delineates the prerequisites that must be fulfilled before a person can be arrested without a warrant, keeping in mind the laudable objective of safeguarding the liberty of an individual.”

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Chirag Sen and Lakshya Sen
Case BriefsSupreme Court

In 2022, a complaint was filed against Chirag and Lakshya alleging that the players had misrepresented their date of birth to qualify for tournaments in the Under-13 and Under-15 categories and thereby gained wrongful selection and monetary rewards.

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Conciliation under Section 18(2) of MSMED Act
Case BriefsSupreme Court

“Time-barred claims must not be excluded from conciliation under the MSMED Act. The statute of limitation only bars the remedy but does not extinguish the underlying right”.

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CCS CCA Rules major penalties
Case BriefsSupreme Court

As per Appendix 3 appended to CCS CCA Rules, the Member Telecommunications Commission is a competent authority to impose major penalties, and the General Manager, Telecommunications, is competent to impose minor penalties.

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Hyatt’s liability to pay tax in India
Case BriefsSupreme Court

“Once it is found that there is continuity in the business operations, the intermittent presence or return of a particular employee becomes immaterial and insignificant in determining the existence of a permanent establishment.”

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complaint can be amended after cognizance
Case BriefsSupreme Court

“Procedure, it is said, is only a handmaiden and not a mistress of justice. However, the said adage has been followed only in the breach in this case. A simple issue of an amendment to a complaint has held up a trial under Section 138 of the Negotiable Instruments Act, 1881 for the last nearly two years.”

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clear intention to refer dispute to arbitration
Case BriefsSupreme Court

“Similarly, a clause which states that “if the parties so decide, the disputes shall be referred to arbitration” or “any disputes between parties, if they so agree, shall be referred to arbitration” would not constitute an arbitration agreement”.

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disclosure of criminal antecedents
Case BriefsSupreme Court

The Court stated that while considering the bail applications, accounting for the criminal antecedents of the accused has been a subject matter of concern for the courts across the country.

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Supreme Court recalls its own judgment obtained by fraud
Case BriefsSupreme Court

The application of the doctrine of merger, in every case, shall be accompanied by an awareness of its limitations and shall not be wielded to close avenues for addressing genuine concerns. Prioritizing justice and fairness shall supersede an absolute insistence on finality.

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protecting mental health of coaching college students
Case BriefsSupreme Court

“Mental health is an integral component of the right to life under Article 21 of the Constitution which has been upheld by the Court time and again.”

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cost for non-disclosure of parallel proceedings
Case BriefsSupreme Court

“Access to justice is inextricably connected to maintaining integrity in the process of invocation and conduct of remedial proceedings before Courts and Tribunals.”

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