Supreme Court Annual Digest 2025: BNSS & Cr.P.C

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, (BNSS) and The CODE OF CRIMINAL PROCEDURE, 1973, (CrPC) - Supreme Court Annual Digest 2025 Section 2(1)(h). Complaint Section 2(d) Cr.P.C. - Definition of Complaint - Judicial vs. Executive Magistrate - As per Section 2(d) of CrPC, a complaint refers to an allegation submitted orally or in writing to a Magistrate with the intent...

Supreme Court Annual Digest 2025: Intellectual Property (IP) Laws

Intellectual Property (IP) Laws - Supreme Court Annual Digest 2025 Arbitrability of Trademark Disputes – Dispute between two factions of a Coimbatore-based family over the "Sri Angannan Biriyani Hotel" trademark. The petitioner filed a civil suit seeking a permanent injunction and ₹20 lakhs in damages for alleged trademark infringement. The respondent invoked an arbitration...

Domestic Violence Act: All India Annual Digest 2025

Supreme CourtExtradition Order Quashed - The Trial Court's order directing extradition of the appellant (husband) residing in the USA, due to his non-appearance, was held untenable, especially given the illegal impoundment of his passport. (Para 20) Vishal Shah v. Monalisha Gupta, 2025 LiveLaw (SC) 240Issuance of bailable warrant - Proceedings under the D.V. Act are quasi-criminal and do...

NDPS Act: All India Annual Digest 2025

Supreme CourtInterim release of vehicles involved in NDPS cases - Four Scenarios of Seizure - The Court identified four scenarios where contraband is seized from a vehicle: (i) Owner or agent is the accused. (ii) Vehicle is stolen by the accused. (iii) Contraband is found with a third-party occupant without the owner's knowledge. The Court held that in the third and fourth scenarios, where...

UAPA: All India Annual Digest 2025

Supreme CourtArticle 21 - Applicability of Section 436-A CrPC - Article 21 vs. National Security - Supreme Court clarified that Section 436-A CrPC expressly excludes offences for which death is a prescribed punishment - the accused were charged under Section 302 IPC and Section 16 UAPA (both punishable by death), they were ineligible for bail under this specific provision - While Article...

Negotiable Instruments Act: All India Annual Digest 2025

Supreme CourtDistinction between 'delivery' and 'presentation' illustrated - Supreme Court distinguished delivery (Section 46 NI Act) from presentment (Section 64 NI Act) - Held that delivery involves the drawer handing the cheque to the payee, and, in case of account-payee cheques, the payee delivering it to his own bank - This stage is covered by Section 142(2)(a) - Presentment is the act...

SARFAESI Act: All India Annual Digest 2025

Supreme CourtOrder VII Rule 11 CPC | Plaint With Multiple Reliefs Cannot Be Rejected Just Because Some Reliefs Are Barred : Supreme CourtCase Title: CENTRAL BANK OF INDIA & ANR. VERSUS SMT. PRABHA JAIN & ORS.Citation : 2025 LiveLaw (SC) 96The Supreme Court observed that when a Plaint includes multiple reliefs, it cannot be rejected solely because one of the reliefs is barred by law,...

Supreme Court Annual Digest 2025: Rights Of Persons With Disabilities Act

Right of Persons with Disabilities (RPwD) Act, 2016 - Supreme Court Annual Digest 2025 Additional Directions for PwD Inmates – Held in addition to the L. Muruganantham guidelines, the Court issued further directions - i. Grievance Redressal: States and UTs must establish an independent and accessible mechanism for complaints regarding neglect or abuse; ii. Inclusive...

POSH Act: All India Annual Digest 2025

Supreme CourtSupreme Court Holds NUJS Faculty's Sexual Harassment Complaint Against VC Time-Barred; But Directs VC To Mention Judgment In His ResumeCase Title: VANEETA PATNAIK v NIRMAL KANTI CHAKRABARTI & ORS.| Special Leave Petition (C) No. 17936 of 2025Citation: 2025 LiveLaw (SC) 902Supreme Court ruled that the sexual harassment alleged by a faculty member of the West Bengal...

Supreme Court Annual Digest 2025: Arbitration And Conciliation Act

Arbitration A non-signatory to an arbitration agreement cannot be permitted to remain present in arbitration proceedings, as it would breach confidentiality and exceed the Court's jurisdiction after appointing an arbitrator - Section 35 of the 1996 Act states that an award binds only parties to the arbitration and those claiming under them - 'Party' is defined by section 2(h) as...

Supreme Court Annual Digest 2025: Unlawful Activities (Prevention) Act, 1967 (UAPA)

Article 21 - Applicability of Section 436-A CrPC - Article 21 vs. National Security - Supreme Court clarified that Section 436-A CrPC expressly excludes offences for which death is a prescribed punishment - the accused were charged under Section 302 IPC and Section 16 UAPA (both punishable by death), they were ineligible for bail under this specific provision - While Article...

Supreme Court Annual Digest 2025: POSH Act

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - Supreme Court Annual Digest 2025 Interpretation of Statutes – Use of the word 'Where' in Section 11(1) – Held, the expression "where the respondent is an employee" in Section 11(1) of the POSH Act is a procedural trigger and not a jurisdictional constraint - The word 'where' functions as...