Supreme court
Supreme Court Affirms Conviction Of Woman For Fiance's Murder; Allows Her & Aides To Seek Governor's Pardon
In an extraordinary instance, the Supreme Court on July 14, while upholding the life sentence of a female convict guilty of murdering her fiancé, granted her an opportunity to seek pardon before the Karnataka State Governor. The Court also held that the powers of the Governor under Article 161 to grant pardon reflect the wider "constitutional ethos, goal and culture" towards reformation....
Supreme Court Half Yearly Digest 2025: Arbitration & Conciliation Act
Arbitration and Conciliation Act, 1996Sections 8 and 11(6A) – 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 clause in...
Rehabilitation Not Necessary In Land Acquisition Cases Except For Those Who Lost Residence Or Livelihood : Supreme Court
The Supreme Court recently observed that rehabilitation of landowners, beyond monetary compensation for government-acquired land, is not mandatory, though the government may offer additional benefits guided by humanitarian considerations of fairness and equity. However, the Court clarified that rehabilitation should be provided in cases where acquisition destroys livelihoods...
Supreme Court Reviews Order Granting Custody To Father After Child Developed Stress Due To Separation From Mother
The Supreme Court set aside its previous order affirming a Kerala High Court judgment granting permanent custody of a minor child to his biological father. Allowing the mother's review petition, a bench of Justice Vikram Nath and Justice Prasanna B. Varale restored custody to the mother, citing serious concerns over the child's psychological health following the earlier custody decision.The...
Pension A Constitutional Right, Can't Be Reduced Without Proper Procedure : Supreme Court
The Supreme Court provided relief to the ex-Central Bank Of India employee whose pension was reduced by one-third without consulting board of directors, as mandated under Central Bank of India (Employees') Pension Regulations, 1995 (“Regulation”). The Court reiterated that pension is an employee's right to property, which is a constitutional right, that cannot be denied without the...
Criminal Proceedings Can't Be Quashed Merely Because Of Pending Civil Cases On Same Subject Matter : Supreme Court
The Supreme Court reiterated that the existence of civil disputes between parties does not warrant the quashing of criminal proceedings where a prima facie case is made out. The bench comprising Justices Vikram Nath and Prasanna B Varale set aside the Karnataka High Court's decision which quashed the criminal proceedings initiated against the Respondents under Sections 120B, 415, 420 read...
Supreme Court Acquits Man Sentenced To Death, Slams Trial Court's 'Hasty Enthusiasm' In Sending Accused To Gallows On Meagre Evidence
"The Courts' enthusiasm to deliver justice in such a heinous crime ensures that the accused person ends up on the death row, albeit without sufficient evidence," the SC observed.
Rape Case Can Be Quashed Based On Settlement Between Parties In Exceptional Circumstances : Supreme Court
The Supreme Court today (July 16) observed that criminal proceedings related to rape offences can be quashed based on settlement in exceptional circumstances, subject to the facts of the case. “At the outset, we recognise that the offence under Section 376 IPC is undoubtedly of a grave and heinous nature. Ordinarily, quashing of proceedings involving such offences on the ground of...
Partnership Firm With More Than Two Partners Doesn't Dissolve On Death Of One Partner If Deed Provides Continuity : Supreme Court
The Supreme Court observed that a partnership firm with more than two partners does not dissolve upon the death of one partner, provided the partnership deed contains a clause allowing the firm's continuity. The bench comprising Justices Pankaj Mithal and Ahsanuddin Amanullah heard the case where the Appellant-Indian Oil Corporation stopped the supply of kerosene to the...
S. 138 NI Act | Cheque Dishonour Complaint Maintainable Against Partners Without Arraigning Parnership Firm : Supreme Court
The Supreme Court held that a complaint under Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”) for the dishonour of a cheque issued in the name of a partnership firm is maintainable against individual partners of a firm, even when the partnership firm is not arrayed as an accused.The Court reasoned that “when the offence has been proved against a partnership firm, the firm...
Stem Cell Banking Services Qualify As "Healthcare Services" In Service Tax Exemption Notification : Supreme Court
The Supreme Court held that stem cell banking services, including enrolment, collection, processing, and storage of umbilical cord blood stem cells, constitute “Healthcare Services” which were exempted from service tax as per the notifications issued by the Ministry of Finance in 2012 and 2014 under the Finance Act, 1994.Holding so, a bench comprising Justice JB Pardiwala and Justice...