Supreme court
Supreme Court Annual Digest 2025: Fundamental Rights & Duties
Article 12. Definition Article 12 – Code of Civil Procedure, 1908 (CPC) - Section 80 – State – Notice – Held, Appellant, being a State Financial Corporation and thus a 'State' under Article 12 of Constitution was entitled to mandatory notice under Section 80 CPC - When a suit is filed against State instrumentality, the plaintiff must either issue a notice under Section 80(1) CPC...
'Harsh To Send Him To Jail At This Age' : Supreme Court Reduces Sentence Of 80-Year-Old Convicted For Homicide
The Supreme Court has reduced the sentence of a man convicted for causing the death of another person during a village clash in 1992 to the period already undergone, citing his advanced age of over 80 years.A Bench of Justices N. V. Anjaria and K. Vinod Chandran upheld the conviction of Shrikrishna under Section 304 Part II of the Indian Penal Code, but modified the sentence imposed by the Madhya Pradesh High Court.BackgroundThe incident occurred on December 10, 1992, at Village...
Bombay HC's 'Central Warehousing' Judgment Does Not Bar Arbitration Clauses In Leave & License Agreements : Supreme Court
The Supreme Court upheld a Bombay High Court order appointing an arbitrator in a dispute arising from a leave and licence agreement for office premises of Motilal Oswal Financial Services Limited at Malad, Mumbai, holding that an arbitration agreement existed between the parties.A bench of Justice JB Pardiwala and Justice KV Viswanathan held that the High Court was right in allowing...
Arbitration | Lack Of S. 21 Notice Not Fatal If Claim Is Otherwise Valid & Arbitrable : Supreme Court
The Supreme Court set aside a Kerala High Court judgment which had held that an arbitral tribunal cannot decide disputes beyond a specific issue referred to it and that a party cannot raise additional disputes without issuing a separate notice under Section 21 of the Arbitration and Conciliation Act, 1996.The Court set aside a judgment of the Kerala High Court and restored an arbitral award...
Supreme Court Weekly Digest December 11 - 16, 2025
Alignment of PPAs with Regulations — Held that terms and conditions of a PPA are not unregulated and must be aligned with the Regulations framed by the Appropriate Commission under the 2003 Act - Even if a PPA is amended, it must factor in the statutory definitions of "COD" and "Unit" as provided in the CERC/State Regulations - An unapproved PPA that defines COD based on...
Supreme Court Annual Digest 2025: Family Law
Alimony & Property Settlement – Held, alimony received after first divorce was not a relevant factor to determine the alimony payable after the divorce of the second marriage - The respondent's claim for Rs. 12 crores in permanent alimony and encumbrance-free ownership of the apartment as unjustified, considering that appellant-husband is an unemployed person and has responsibility...
Preventive Detention Can't Be Used To Override Bail, Must Prove 'Public Order' Threat : Supreme Court
The Supreme Court on Friday quashed the preventive detention under the Telangana 'Goonda Act', ruling that simply declaring the detenu a 'habitual drug offender' was not sufficient for preventive detention unless shown how detenu's actions specifically threatened public order. “Mere registration of three offences by itself would not have any bearing on the maintenance of public order...
Supreme Court Urges Union To Bring 'Romeo-Juliet' Clause In POCSO Act To Shield Consensual Adolescent Relationships From Prosecution
In a significant development, the Supreme Court has suggested that the Union Government consider introducing a “Romeo-Juliet” clause in the POCSO Act to exempt adolescents who engage in consensual relationships from criminal prosecution, despite being below the age of consent (18 years) and having only a minor age difference.“Considering the fact that repeated judicial notice has been...
Companies Act | Private Complaint Not Maintainable Against Fraud; Can Be Filed Only By SFIO : Supreme Court
The Supreme Court on Friday (January 9) held that complaints alleging fraud under the Companies Act, 2013 cannot be initiated through private complaints, as cognizance can be taken by a Special Court only on a complaint filed by the Director of the Serious Fraud Investigation Office (SFIO) or an officer authorised by the Central Government under Section 212(6) of the Act. The Court,...
Motor Vehicle Act | Excavators, Dumpers, Etc Used Inside Factories Are Not Motor Vehicles To Attract Road Tax : Supreme Court
The Supreme Court has ruled that Heavy Earth Moving Machinery (HEMM) and construction equipment like Excavators, Dumpers, Loaders, and Dozers used exclusively within a factory or enclosed premises are not "motor vehicles" under Section 2(28) of the Motor Vehicle Act and hence not liable to pay road tax. Allowing the Ultratech Cement Ltd. plea, a bench of Justices Pankaj Mithal and Prasanna...