Supreme Court Archives

Supreme Court’s verdict on daughter’s right to inherit ancestral property before Hindu Succession Act 2005 Amendment and validity of settlement deed, explained

Since the daughter had not signed the alleged settlement deed, the Supreme Court clarified that “In a suit for partition of joint property, a decree by consent amongst some of the parties cannot be maintained”.

Case Briefs Supreme Court

Bilkis Bano – Premature release of Convicts case: Supreme Courts asks Centre and Gujarat Government to produce files and give reasons for releasing 11 convicts

The Supreme Court asked the Gujarat Government reasons behind its decision to grant remission to the 11 life convicts, who were convicted for raping Bilkis Bano and murdering her family members

Case Briefs Supreme Court

Written warranty from manufacturer can protect Vendor from criminal liability under Food Adulteration Act: SC

Section 19(2)(a)(ii) of the Prevention of Food Adulteration Act, 1954 provides that a vendor shall not be deemed to have committed an offence pertaining to the sale of any adulterated or misbranded article of food if he proves that he purchased the article of food from any manufacturer with a written warranty.

Case Briefs Supreme Court

Asharam Bapu Case| Supreme Court sets aside Rajasthan High Court Judgment directing summoning and recording of evidence of IPS Ajay Pal Lamba

The Supreme Court said that the power to take additional evidence in an appeal is to be exercised to prevent injustice and failure of justice, and thus, it must be exercised for good and valid reasons necessitating the acceptance of the prayer.

Case Briefs Supreme Court

Supreme Court affirms Gauhati HC’s reversal of Assam MLA Akhil Gogoi’s discharge in anti-CAA protest case but grants bail

The Supreme Court observed that this was not a case where Akhil Gogoi should be allowed to be detained in custody, especially after having secured an order of discharge, rightly or wrongly.”

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Explained| The momentous Same Sex Marriage matter before the Supreme Court Constitution Bench

Petitioner contended that they were entitled to the Fundamental Right to marry which was entrenched in the Constitution which includes the choice of a marital partner. Neither the State nor Society could intrude into the domain of individual right to pursue a way of life which were central to their identity and autonomy.

Case Briefs Supreme Court

Supreme Court directs States and UTs to send their Menstrual Hygiene Management Policy to Centre

The Supreme Court viewed that it would be appropriate if the Union Government engages with all the State governments and Union Territories to ensure that a uniform national policy is formulated with sufficient leeway for the States and UTs to make adjustments, based on the prevailing conditions in their territories.

Case Briefs Supreme Court

SC directs all Courts and Tribunals to number paragraphs in Orders and Judgments in seriatim

The Court considered the adoption of uniform format for Judgment and Orders, including paragraphing.

Case Briefs Supreme Court

“Mr Put Mine, Advocate” matter closed as Supreme Court accepts apology

Recently, in a matter one of the advocates of the petitioner was recorded as “Mr. Put Mine, Advocate”. Taking note of the mistake that caused lot of embarrassment to the Court as the same was widely circulated on WhatsApp and other social media, the Court initiated proceedings suo moto.

Case Briefs Supreme Court

‘Pension cannot be denied dehors the authority of law’; SC sets aside BSF Commandant’s conviction, allows him to retain superannuation benefits

The Court said that the search of the Commandant’s house did not result in recovery of any incriminating documents/article and without other materials incriminating the appellant or pointing to his guilt, the statement of a single person alone cannot result in conviction of the Commandant and deprive him of his pension benefits.

unregistered agreement to sell as evidence

Case Briefs Supreme Court

Unregistered agreement to sell an admissible evidence in a suit for specific performance; Supreme Court upholds Madras High Court Judgment

Supreme Court said that as per proviso to Section 49 of the Registration Act, 1908 an unregistered document affecting immovable property may be received as evidence of a contract in a suit for specific performance under Chapter-II of the Specific Relief Act, 1877, or as evidence of any collateral transaction not required to be effected by registered instrument, subject to Section 17(1A) of the Registration Act.

Case Briefs Supreme Court

Odisha’s 6000 families to get their land back as SC quashes acquisition of 6000 acres of agricultural land for Anil Agarwal Foundation's Vedanta University project

The Supreme Court observed that the entire acquisition proceedings and the benefits, which were proposed by the State Government to Anil Agarwal Foundation for setting up Vedanta University were vitiated by favourism and violative of Article 14 of the Constitution of India.

Case Briefs Supreme Court

Whether Government employee entitled to annual increment, earned one day prior to retirement?; Supreme Court answers

Supreme Court held that, “the entitlement to receive increment therefore crystallises when the government servant completes requisite length of service with good conduct and becomes payable on the succeeding day.”

Case Briefs Supreme Court

Supreme Court deprecates condition of deposit for bail in offences u/s 132 GST Act

The Supreme Court said that onerous condition requiring deposit of Rs. 2 crores cannot be imposed for bail.

Case Briefs Supreme Court

Assessee not entitled to deduction u/s 80-IB of Income Tax Act on Duty drawback / DEPB Schemes profit: Supreme Court

The Supreme Court affirmed the order passed by the High Court stating that the respondent assessee was neither entitled to the deductions nor profit earned under Section 80-IB on the amount of DEPB as well as Duty Drawback Scheme.

Case Briefs Supreme Court

Supreme Court | 74-year-old lawyer gets bail in abetment of suicide case

In the case at hand, a man had shot himself dead following a monetary dispute with the 74-year-old Advocate’s sone and two others.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

WhatsApp v Right to Privacy: New Data Protection Bill ready to be tabled in Monsoon Parliament Session, informs Centre; Supreme Court defers hearing

The issue before the Supreme Court pertains to the question whether WhatsApp’s privacy policy which was introduced in January 2021 is in violation of right to privacy under Article 21 of the Constitution of India.

Powers of High Court under Section 482 of CrPC

Case Briefs Supreme Court

High Courts have very limited jurisdiction at the stage of discharge or while exercising its powers under S.482 CrPC: Supreme Court

The Supreme Court held that Punjab & Haryana High Court has exceeded in its jurisdiction in quashing the entire criminal proceedings in exercise of the limited powers under Section 482 CrPC and/or in exercise of the powers under Article 226 of the Constitution

Case Briefs Supreme Court

Pronouncing unprepared judgments is gross negligence and callousness of Judicial Officer; SC upholds Civil Judge’s dismissal

The Supreme Court upheld the penalty of dismissal of Civil Judge and said that providing an unprepared judgment, fait accompli, is completely unacceptable and unbecoming of a Judicial Officer.

Case Briefs Supreme Court

Amended Section 153C of the Income Tax Act, 1961 applicable retrospectively to searches conducted prior to 2015 Amendment: Supreme Court

The amendment in Section 153-C of the Income Tax, 1961 was brought and the words “belongs or belong to” were substituted by the words “pertains or pertain to” after a ruling by Delhi High Court in Pepsico India Holdings Private Limited v. ACIT, 2014 SCC OnLine Del 4155.