Supreme Court Archives

Section 197(1) CrPC available only to public servants whose appointing authority is Central or State Government; Deputation does not dissolve public servant status: SC reiterates

In the matter at hand, the accused was an Executive Engineer, Municipal Corporation, Chandigarh, and caused wrongful loss in excess of Rs. 13.66 crore to the Government exchequer by changing the terms and conditions of the Detailed Notice Inviting Tender.

Case Briefs Supreme Court

‘Illness is presumed to be service related if no disease is recorded by medical board at time of entry’; Supreme Court orders 50% disability pension for ex-serviceman

Supreme Court found that the Tribunal had merely relied on the remarks of the Invaliding Medical Board and the Re-Survey Medical Boards to conclude that, since the appellant’s disability was assessed at less than 20%, he was not entitled to the disability element of the disability pension.

Case Briefs Supreme Court

Supreme Court pulls up Government of Haryana for non-compliance in manual scavenging compensation case; Orders Chief Secretary’s Personal Presence

“It appears that the State of Haryana has not paid any attention to our order dated 3-1-2025 nor has looked into the representation filed by the petitioner”

Case Briefs Supreme Court

Supreme Court invokes Article 142 to dissolve marriage on grounds of irretrievable breakdown; Grants wife visitation rights with daughter

“In the interest of justice, equity, and the welfare of the child, we deem it appropriate to grant visitation rights to the wife so that she may gradually rebuild a bond with her daughter.”

Case Briefs Supreme Court

‘For every instance of misuse, there are hundreds of genuine cases’; SC dismisses petition seeking declaration regarding constitutionality of S. 498-A IPC

The Court opined that impugned provisions do not warrant judicial interference, because it is well-settled law that courts refrain from intervening in matters of legislative policy or mandate

Acquittal of man accused of burning family alive

Case Briefs Supreme Court

Supreme Court upholds acquittal of man accused of burning wife and three daughters alive in 17 year old case

“When an appeal against conviction is preferred before the High Court, at the earliest stage, the High Court must examine whether there is a proper statement of the accused recorded under Section 313 of CrPC (Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023).”

compensation Motor Vehicles Act MACT Labour Courts

Case Briefs Supreme Court

Motor Vehicles Act | SC issues extensive directions on dispensation of large amounts of compensation lying deposited with MACT & Labour Courts

“These directions shall continue to bind the Motor Accidents Claims Tribunal and the Commissioners under the Workmen’s Compensation Act, 1923 till rule-making power is properly exercised by the Government”.

Case Briefs Supreme Court

Supreme Court invokes Article 142 to restore original sentence and order release after convict serves excess term in POCSO case

The original judgment of the Special Court convicted and imposed a sentence of rigorous imprisonment for seven years on the convict. However, the convict had already undergone eleven years of actual sentence.

Case Briefs Supreme Court

Proviso to S. 26(1) of 2013 Land Acquisition Act lays down method for computing land’s market value on the date of acquisition notification: SC

“Legislative intent behind proviso to Section 26(1) is to ensure that the landowners receive fair compensation reflective of the market value prevailing at the time of acquisition”.

Case Briefs Supreme Court

Decision rendered by Apex Court, at SLP stage or post grant of leave cannot be assailed directly or collaterally under Article 32: Supreme Court affirms

“Finality of a lis is a core facet of a sound judicial system. Litigation which had concluded or had reached finality cannot be reopened. If this is permitted, then there will be no finality and no end to litigation. There will be chaos in the administration of justice.”

S. 21 A&C Act notice arbitral tribunal implead

Case Briefs Supreme Court

Non-issue of notice to certain parties under S. 21 of A&C Act does not strip the Arbitral Tribunal of its jurisdiction to implead: SC

“Section 21 does not expressly mandate the claimant to send a notice invoking arbitration to the respondents. However, the provision necessarily mandates such notice, as its receipt by the respondent is required to commence arbitral proceedings”.

Case Briefs Supreme Court

“Findings in NI Act proceedings bind parties in subsequent cases involving same issue”; Supreme Court affirms applicability of res judicata in criminal matters

The Court noted that the applicability of the principle of res judicata in criminal proceedings has been examined in several of its earlier decisions, which present divergent views.

Case Briefs Supreme Court

Mere mention of certain psychotropic substances under Drugs & Cosmetics regime would not take them away from the purview of NDPS Act: SC

The Court further held that in order to meet the ends of justice and with a view to ensure that public interest is safeguarded and to give effect to the salutary object behind the enactment of the NDPS Act, the decision in Union of India v. Sanjeev V. Deshpande (2014) 13 SCC 1, must be given retrospective application.

Case Briefs Supreme Court

Are Ex-Military Nursing Service officers considered “ex-servicemen” for State reservation and employment? Supreme Court answers

“Effective resettlement of ex-servicemen is necessary to keep the morale of the serving members of the defence forces. If the resettlement of veterans is neglected, the talented youth of the nation may not be motivated to join armed forces.”

Case Briefs Supreme Court

Contempt of Court | SC delivers split verdict on acceptance of unconditional apology by errant Advocates; Matter to be placed before CJI

While Justice Bela M. Trivedi took a stern note of the actions of the errant advocates, Justice Satish Chandra Sharma accepted the unconditional apology.

Case Briefs Supreme Court

Supreme Court upholds consumers’ right to peaceful protest; Quashes defamation complaint filed by developer against homebuyers

“Homebuyers and developers have not always been the best of friends. Instances are innumerable where the two have been at daggers drawn. This case presents one such instance”

Case Briefs Supreme Court

Supreme Court resolves complexities of Section 15(2) of the Copyright Act with a two-pronged approach for design protection

In the present case, the Supreme Court examined the vagaries of IP law and the intrinsic synergy that exists between two independent legislations, namely the Designs Act and the Copyright Act.

Case Briefs Supreme Court

SC dismisses appeal against use of Urdu as additional language alongside Marathi on a new signboard for Municipal Council, Patur

“Language is a medium for exchange of ideas that brings people holding diverse views and beliefs closer and it should not become a cause of their division”.

Case Briefs Supreme Court

SC berates Allahabad HC’s callous approach in granting bail to persons accused of child trafficking; directs States to implement BIRD’s report

“If any newborn infant is trafficked from any hospital, the immediate action against the hospital should be suspension of licence to run the hospital over and above other actions in accordance with law”.

Case Briefs Supreme Court

‘Eligibility criteria declared by fresh advertisement cannot be changed midway through recruitment process’; Supreme Court upholds reservation of DSP post for SC Sports (Women)

“Once it is accepted that the DSP post in question was reserved for ‘SC Sports (Women)’ as per advertisement, the appellant must be accepted as the only person qualified in her category who could be appointed. This is because she is the only SC woman candidate who successfully cleared all the tests for the post of DSP.”