Supreme court
S. 50 NDPS Act Applies Only To Personal Search, Not When Recovery Is From Articles Carried By Accused : Supreme Court
The Supreme Court on Tuesday (July 21) observed that the protection under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, to be searched in the presence of a Gazetted Officer or a Magistrate, would be available during the personal search of an accused and doesn't extend to searches when the accused was carrying a bag, container, or any other object. “The protection under Section 50 is confined to cases where the recovery is sought to be effected through the personal...
S. 115 CPC | Revisional Jurisdiction Cannot Be Used to Correct Factual Errors, Even If Facts Are Allegedly Concealed : Supreme Court
Observing that revisional jurisdiction cannot be invoked to correct mere errors of fact or law unless they relate to a jurisdictional error, the Supreme Court on Tuesday (July 21) set aside a Punjab and Haryana High Court judgment that had overturned concurrent eviction orders passed by the Rent Controller and the Appellate Authority in exercise of its revisional jurisdiction. A bench of Justice Sanjay Karol and Justice Augustine George Masih held that the High Court exceeded the limited scope...
'Wrong Statement' In Pleadings Not Necessarily A 'False Statement' : Supreme Court Quashes Perjury Case
The Supreme Court on Tuesday (July 21) set aside the perjury proceedings against a litigant and his counsel for allegedly making 'typographical errors' in a memorandum of an appeal, noting that every instance of wrong statements cannot be treated as a 'false statement' unless a deliberate falsehood is shown. A bench of Justice Ujjal Bhuyan and Justice Atul S. Chandurkar set aside the Bombay High Court's Nagpur bench order which had upheld the Additional Sessions Court decision to initiate the...
JJ Act - Murder Is 'Heinous Offence', Not 'Serious Offence'; S 302 IPC Implies Minimum Life Sentence: Supreme Court
The Supreme Court has held that the offence of murder punishable under Section 302 of the Indian Penal Code (now Section 103(1) of the Bharatiya Nyaya Sanhita) is a "heinous offence" under the Juvenile Justice (Care and Protection of Children) Act, 2015, ruling that imprisonment for life constitutes its implied minimum punishment even though the provision does not expressly prescribe a minimum sentence.A bench of Justice JB Pardiwala and Justice Ujjal Bhuyan dismissed the appeal of a...
FERA Complaint Cognisance Vitiated If There Was No Notice To Accused : Supreme Court
The Supreme Court on Tuesday held that a Magistrate cannot validly take cognizance of a criminal complaint under the repealed Foreign Exchange Regulation Act, 1973 (FERA) if the mandatory "opportunity notice" required under Section 61(2) of the Act was not served upon the proposed accused.“…the service of an opportunity notice under the proviso to Section 61(2) of FERA is a mandatory requirement, without compliance of which no complaint under Section 56 or 57 of FERA respectively, can validly be...
Supreme Court Upholds Husband's Conviction For Wife's Murder, Finds Extra Marital Affair Motive Established
The Supreme Court on Monday (July 20) upheld the conviction of a husband for the murder of his wife, holding that the substantial number of call exchanges with his lover constituted valid circumstantial evidence establishing both the existence of an affair and the motive to remove the wife as a barrier to their relationship.A bench of Justice Dipankar Datta and Justice Satish Chandra...
1996 Samleti Bus Bomb Blast: Supreme Court Orders Fresh Trial Of Death Row Convict Citing Ineffective Legal Representation
The Supreme Court on Tuesday (July 21) set aside the death penalty of Dr. Abdul Hameed, who was convicted in the 1996 Samleti Bus Bomb Blast involving an IED which detonated on a passenger bus travelling from Agra to Bikaner near Samleti village, killing 14 persons and injuring 37 others.The bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta set aside the 2019 Rajasthan High...
LiveLaw Supreme Court Half-Yearly Digest 2026 - Arbitration and Conciliation Act
A party at fault cannot be permitted to set up a bar of non-performance of prerequisite obligations to exclude the operation of an arbitration clause - If a party's conduct such as failing to adhere to strict timelines for Engineer decisions or Adjudicator recommendations disables preceding steps, those procedural prerequisites are deemed waived. [Relied on M.K. Shah Engineers &...
Shiv-Sena UBT Moves Supreme Court Against Lok Sabha Speaker Approving Merger Of Its 6 MPs With Shinde Sena
Shiv Sena Uddhav Balasaheb Thackeray faction approached the Supreme Court on Tuesday (July 21) against Lok Sabha Speaker approving merger of its 6 Members of Parliament with the Eknath Shinde-led Shiv Sena. The matter was mentioned by senior advocate Devadatt Kamat before a bench led by Chief Justice Surya Kant seeking urgent listing of the plea. As the court asked about the urgency, Kamat...
Supreme Court Revives Over ₹16 Crore Service Tax Demand Against BPCL & HPCL For Facilitating CNG Sales For Mahanagar Gas
The Supreme Court on Monday (July 20) restored the service tax demands exceeding ₹16 Crore against the Bharat Petroleum Corporation Ltd. (BPCL) and Hindustan Petroleum Corporation Ltd. (HPCL), who acted as 'commission agents' of the Mahanagar Gas Limited (MGL) while selling Compressed Natural Gas (CNG) through their retail outlets. Referring to the agreement, a bench of Justice Aravind...











