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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...
Right To Pursue Higher Or Professional Education Is A Fundamental Right, Can't Be Curtailed Lightly: Delhi High Court
The Delhi High Court has ruled that the right to pursue higher or professional education is a fundamental right of an individual which cannot be curtailed lightly. “The right to pursue higher or professional education even though not explicitly spelt out as a fundamental right in part III of the Constitution of India, it is an affirmative obligation on the part of the state to ensure this...
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...
Elections To Panchayati Raj Institutions Can't Be Deferred Beyond Five-Year Term: HP High Court
The Himachal Pradesh High Court has held that statutory orders issued under the Disaster Management Act, 2005 can't override the authority of the State Election Commission or justify postponement of elections.The Court remarked that elections to Panchayati Raj Institutions must be completed before the expiry of their five-year term, according to Article 243E of the Constitution. A Division...
Victim Cannot File Second Appeal Against Order Affirming Acquittal By Seeking Special Leave From HC U/S 419(4) BNSS: Kerala High Court
The Kerala High Court recently passed a judgment holding that a victim cannot file a second appeal against the acquittal of an accused by seeking special leave from the High Court as per Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita.Relying on the Supreme Court's observations in Asian Paints Limited v. Ram Babu and Another, Justice Bechu Kurian Thomas remarked:“It is evident from...
Brand Ambassador Not Liable For Unfair Trade Practices Or Deficient Service Unless Directly Linked To Transaction With Consumer: Kerala HC
The Kerala High Court recently held that a brand ambassador will not be liable for a brand's unfair trade practice or deficiency in service unless a direct link is established between him and the consumer's transaction.Justice Ziyad Rahman A.A. however clarified that an action may lie against a brand ambassador/endorser under Section 21 of the Consumer Protection Act for false or...
Fallout In Love Affair & Refusal To Marry Cannot Automatically Lead To Abetment Of Suicide Case: Gauhati High Court
The Gauhati High Court recently set aside the cognisance taken under Section 306 IPC in respect of a man accused of abetting a minor girl's suicide noting that other than the fact that he had refused to marry her there was no prima facie material indicating instigation by him which could have compelled the deceased to commit suicide. The high court however upheld the cognizance taken by the...