S. 100 CPC | Findings Of Fact, Even If Erroneous, Cannot Be Disturbed In Second Appeal: Supreme Court

The Supreme Court has reiterated that while hearing a second appeal, it is impermissible for the High Courts to reopen and disturb the factual findings of the Court below by re-appreciating the evidence. A bench of Justice Pankaj Mithal and Justice Prasanna B. Varale dismissed an appeal filed by the defendant, who was aggrieved by the High Court's affirmation of the First Appellate Court's decree of specific performance. The Appellant-defendant alleged that the fact-based findings recorded by...

POCSO Act | Presumption Of Guilt Under S.29 Does Not Arise On Testimony Of Child Victim Alone If It Is Unreliable: Supreme Court

The Supreme Court recently held that the presumption of guilt under Section 29 of the Protection of Children from Sexual Offences Act, 2012 will arise only after the prosecution proves the basic facts of the alleged sexual assault, and cannot be applied if the victim child's testimony itself is not fully credible and trustworthy.A bench of Justice Sanjay Kumar and Justice K Vinod Chandran set aside a judgment of the Calcutta High Court which had reversed the appellant's acquittal and convicted...

Mere Possession Of Higher Qualification Cannot Substitute Minimum Experience Criteria : Supreme Court

The Supreme Court has observed that essential qualifications for an advertised post cannot be compromised merely because the candidate possesses a higher qualification. A bench of Justices J. K. Maheshwari and Atul S. Chandurkar heard an appeal filed by a candidate who had appeared for the post of Computer Hardware Engineer under the Himachal Pradesh Board of School Education. Although she topped the selection process and possessed an M. Tech degree, she did not meet the mandatory requirement...

'Appointments To Uniformed Services Require Greater Caution' : Supreme Court Restores Dismissal Of Medically Unfit UP Constable

The Court also pulled up Senior Police Officers for failure to verify eligibility in recruitment.

Legal Representatives Can Challenge Arbitral Award Only Under S 34 Arbitration Act, Not Article 227: Supreme Court

The Supreme Court has held that the appropriate remedy for a legal representative aggrieved by an arbitral award is to file an application under Section 34 of the Arbitration and Conciliation Act, 1996, and not a petition under Article 227 of the Constitution or Section 115 of the Code of Civil Procedure."In the considered view of this Court, the appropriate relief for a legal representative to challenge an arbitral award is under Section 34 of the Arbitration Act and not under Article 227 of...

Supreme Court Daily Round-Up : April 20, 2026

Links to the Supreme Court reports of April 20 :AI Cannot Replace Judge's Lived Human Experience; Judging Is Human Responsibility: Justice Vikram NathMilk Wouldn't Be Poured Into River If People Had Scientific Temper : Justice AS Oka'Very Unfortunate' : Supreme Court Flags NCLT Delay In Approving Resolution Plan, Calls For Nationwide ReportWest Bengal SIR : Supreme Court To Seek Calcutta HC...

Mere Entry In Municipality Property Register Not Proof Of Title : Supreme Court Rejects MCD's Claim

The Supreme Court has observed that mere entry in the property records maintained by a municipal authority cannot, by itself, establish ownership over land, reiterating the primacy of legally recognized title documents and judicial findings. “A mere entry in the list of properties maintained by the MCD cannot, by itself, constitute a valid proof of title over the subject land.”, observed a bench of Justice Vikram Nath and Justice Sandeep Mehta, while setting aside the Delhi High Court's...

Supreme Court Approves Contempt Trial Of Advocate For Making Allegations Against High Court Judge In Press Conference

Greivances against a judicial order must be ventilated through legal remedies, the Court said.

Supreme Court Weekly Roundup: April 13, 2026 To April 19, 2026

Judgments'Justice Should Also Be Seen To Be Done' : Supreme Court Directs Another Disciplinary Authority To Decide After Employee Alleged BiasCase Details: National Bal Bhawan & Anr. v. Khazan Chand & Ors.Citation: 2026 LiveLaw (SC) 363Reaffirming the foundational principle of procedural fairness, the Supreme Court has held that a disciplinary authority against whom an employee has previously levelled allegations of bias must recuse from the proceedings, stressing that justice must not...

Executing Court Cannot Modify Terms Of Compromise Decree On Ground Of Practical Difficulties : Supreme Court

The Executing Court has to execute the decree as it stands, the Court stated.

Short Breaks In Continuous Service Won't Make Ad Hoc Employee Ineligible For Regularisation: Supreme Court

The Supreme Court has observed that mere short breaks in the ad hoc service would not affect the continuity in the service to render an employee ineligible for the benefit of regularization of service. A Bench of Justice Sanjay Karol and Justice Augustine George Masih set aside the Punjab and Haryana High Court's ruling, which had denied regularisation to the appellants, appointed as peons and clerks in the Punjab Government's Finance Department in 1995–96 on an ad hoc basis, solely on the...

Indemnity Clause Creates Immediate Liability, Not Contingent On Final Appeal Outcome: Supreme Court

The Supreme Court has observed that an indemnity clause in a contract creates an immediate and absolute obligation to make good the loss and is not dependent on final confirmation of liability by the higher court. A bench of Justice S.V.N. Bhatti and Justice Prasanna B. Varale set aside the Delhi High Court's decision, which had deferred the enforcement of a Singapore International...