Supreme Court

Here u will get all latest & landmark judgements of Supreme Court.

Can In-Laws Be Summoned for Murder if Not Named in the Chargesheet? Supreme Court Answers
2Mar By The Legal ChamberNo Comments
Supreme Court

Can In-Laws Be Summoned for Murder if Not Named in the Chargesheet? Supreme Court Answers

This Supreme Court judgment clarifies the principles for summoning additional accused under Section 319 CrPC, holding that courts must apply a "strong and cogent evidence" standard—stricter than a prima facie case but short of conviction-weight evidence. It emphasizes that evidentiary reliability, witness credibility, and dying declaration admissibility are trial-stage determinations, not preliminary considerations. Facts Of The Case: The case originated from an FIR lodged on March 25, 2021, by the appellant, Neeraj Kumar, alleging that his sister, Nishi, was shot by her husband, Rahul, at her matrimonial home. The information was conveyed to the appellant by his nine-year-old niece, Shristi, who witnessed the incident. During the investigation, the deceased's statements were recorded tw...
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Supreme Court: Courts Must Examine Contempt Grievances on Merits, Not Avoid Them
27Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Courts Must Examine Contempt Grievances on Merits, Not Avoid Them

The Supreme Court held that the High Court erred in dismissing a contempt petition on grounds of ambiguity in the original order. It clarified that contempt jurisdiction cannot be avoided merely because an order is allegedly capable of two interpretations. The Court must examine specific grievances of non-compliance based on material on record, not assume compliance from others' silence. Facts Of The Case: The dispute originated from Writ Petition No.3412 of 1992 filed by the predecessor of the appellants seeking completion of acquisition proceedings and possession of land bearing Gat No.78 in Village Chinchavali, Thane. On 17.01.2003, the Bombay High Court disposed of this petition along with four others through a common order. In this order, the Special Land Acquisition Officer s...
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Supreme Court: Person Not Made Party in Case Can Challenge Order That Harms Him
27Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Person Not Made Party in Case Can Challenge Order That Harms Him

This Supreme Court held that the bar against intra-court appeals under the Allahabad High Court Rules must yield to natural justice. Where a Single Judge's order prejudices a non-party, that person can appeal with leave. The Court reaffirmed that procedural rules cannot thwart the right to a remedy (ubi jus, ibi remedium) for affected persons. Facts Of The Case: A fair price shop license granted to Respondent No. 1 was revoked by the licensing authority for breaching its terms and conditions. Pursuant to this revocation, the license was allotted to the Appellant, Abhishek Gupta. Respondent No. 1 challenged the revocation order and its appellate affirmation before the Allahabad High Court by filing a writ petition. Critically, the Appellant, who was the current allottee of the shop ...
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Supreme Court Clarifies: No Fresh SLP Allowed After Unconditional Withdrawal of Earlier Petition
27Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies: No Fresh SLP Allowed After Unconditional Withdrawal of Earlier Petition

The Supreme Court held that a second Special Leave Petition challenging the same judgment is not maintainable after an earlier SLP was dismissed and a subsequent recall petition was withdrawn without liberty to approach the Court again. The principle of finality in litigation bars re-agitating the same issue inter-partes, even if questions of law are kept open. Facts Of The Case: The litigation originated from a judgment dated May 15, 2012, passed by a learned Single Judge of the Himachal Pradesh High Court in CWP No.1679/2010, concerning pensionary benefits payable by the Kangra Central Cooperative Bank Limited to its retirees. This judgment was subsequently upheld by a Division Bench of the High Court on February 26, 2024, in LPA No.316/2012. The Bank challenged this Division Ben...
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Supreme Court: High Court Approval Must for Withdrawing Cases Against MPs and MLAs
27Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court: High Court Approval Must for Withdrawing Cases Against MPs and MLAs

The Supreme Court held that for withdrawing prosecution against sitting or former MPs/MLAs, the State must seek the High Court's permission under the mandate of Ashwini Kumar Upadhyay. The Public Prosecutor must disclose all reasons for seeking withdrawal, enabling the High Court to apply its judicial mind and pass a reasoned order. Facts Of The Case: The appellant, Bal Kumar Patel @ Raj Kumar, was the subject of multiple First Information Reports (FIRs) registered in June 2007 at Police Station Kotwali Nagar, Raebareli. These included Case Crime No. 656/07 and others under Sections 25, 27, 30 of the Arms Act, as well as Sections 420, 467, 468, and 471 of the Indian Penal Code concerning an arms license. Following investigation, a chargesheet was filed, and the Chief Judicial Magistrate,...
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Rights of Persons with Disabilities Upheld: Supreme Court’s Landmark Judgment on Exam Accessibility
26Feb By The Legal ChamberNo Comments
Supreme Court

Rights of Persons with Disabilities Upheld: Supreme Court’s Landmark Judgment on Exam Accessibility

In this judgment, the Supreme Court affirmed that the constitutional guarantee of equality under Articles 14 and 21, read with the Rights of Persons with Disabilities Act, 2016, mandates substantive inclusion, not mere formal equality. The Court directed the UPSC to implement accessible examination processes, including screen reader software and flexible scribe registration, ensuring that rights for persons with disabilities are enforceable realities. Facts Of The Case: The writ petition was instituted by Mission Accessibility, an organization dedicated to advancing the rights of persons with disabilities, seeking enforcement of their rights under the Constitution of India and the Rights of Persons with Disabilities Act, 2016. The primary grievances pertained to the Civil Services Examin...
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Compromise Between Parties Leads to Early Release as Supreme Court Modifies Sentence in Criminal Appeal
26Feb By The Legal ChamberNo Comments
Supreme Court

Compromise Between Parties Leads to Early Release as Supreme Court Modifies Sentence in Criminal Appeal

The Supreme Court partially allowed the appeal, reducing the sentence to the period already undergone (two years and three months) while upholding the conviction. Notice had been limited to quantum of sentence. The Court considered the compromise between parties and the incarceration period served, modifying the sentence accordingly with direction for immediate release if not required in other cases. Facts Of The Case: The appellants, Venkatesh and another individual, were originally convicted by the learned III-Additional District and Sessions Judge, Salem, in S.C. No.460/2016 on November 3, 2020. The charges stemmed from Crime No.103/2016, under which they were found guilty of offenses under Section 326 of the Indian Penal Code (IPC), which pertains to voluntarily causing g...
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When One Accused Gets Relief, Others Should Too: Supreme Court Quashes FIR in Land Grab Case
26Feb By The Legal ChamberNo Comments
Supreme Court

When One Accused Gets Relief, Others Should Too: Supreme Court Quashes FIR in Land Grab Case

In this judgment, the Supreme Court quashed criminal proceedings against the appellants based on the principle of parity. Since co-accused in the same FIR had already been granted relief under Section 482 CrPC by the High Court—a decision which had attained finality—the Court held the same benefit must extend to the appellants. Facts Of The Case: Vasanthi, sister of respondent No. 2/complainant, availed a loan of Rupees Twenty Lakhs from appellant No. 2 (accused No. 5). As security for the said loan, Vasanthi executed a Power of Attorney in favour of appellant No. 1 (accused No. 4) concerning a property measuring 1980 sq. ft. situated at Villanur Revenue Village. It was alleged that appellant No. 1 fraudulently executed a sale deed in respect of the suit property in favour of h...
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