Tag: Supreme Court Judgement 2025

Supreme Court Issues Landmark Directions in Long-Pending PIL, Sets 7-Month Deadline for Compliance
29Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Issues Landmark Directions in Long-Pending PIL, Sets 7-Month Deadline for Compliance

Based on the proceedings, the Supreme Court has issued a series of substantive directions in a long-pending writ petition. The legal focus is on monitoring compliance with these judicial mandates, with the Court retaining continuing jurisdiction. The matter is scheduled for a future hearing specifically to review the implementation of its orders and assess further progress. Facts Of The Case: Based on the provided court proceeding document, which is a record of the pronouncement of an order and not the full case file, the specific facts and history of the case are not detailed. However, the document header identifies it as Writ Petition (Civil) No. 295 of 2012, filed by S. Rajaseekaran against the Union of India and Others.The case is categorized under "PIL-W", indicating it was filed as...
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How a Missing TIP and a Delayed FIR Led to Acquittal: Breaking Down a Supreme Court Judgment
27Nov By The Legal ChamberNo Comments
Supreme Court

How a Missing TIP and a Delayed FIR Led to Acquittal: Breaking Down a Supreme Court Judgment

The Supreme Court acquitted the accused, ruling the prosecution failed to establish a complete chain of circumstantial evidence. The Court found the testimonies of key witnesses unreliable, the "last seen" theory inapplicable due to a long time gap, and the absence of a Test Identification Parade for strangers fatal to the case, creating reasonable doubt. Facts Of The Case: The case concerns the tragic death of ten-year-old Muntiyaz Ali, who went missing on the morning of June 5, 2007, after going to his family's mango orchard. His father, Nanhe Khan, discovered the boy's lifeless body the next morning near a pit on their land. The body was found with a rope around its neck, hands tied behind the back, and a blood-stained axe lying nearby. Khan filed a police report suspecting six ...
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Supreme Court Limits Clubbing of Multi-State FIRs in Financial Fraud Case
25Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Limits Clubbing of Multi-State FIRs in Financial Fraud Case

In this judgement, the Supreme Court rejected the petitioners' plea to club multiple FIRs registered across different states concerning an alleged financial scam. The Court clarified that while consolidation may be permissible for a single incident like a hate speech, it is impractical in multi-victim financial frauds where distinct transactions and witnesses are involved. It allowed limited clubbing of FIRs only within the states of Telangana and Maharashtra, directing the petitioners to seek regular bail from respective jurisdictional courts. Facts Of The Case: The case originated from a series of FIRs registered against a firm, its partners, and management officials, including petitioners like Odela Satyam, Pawan Odela, and Kavya Nalluri, for allegedly defrauding investors. Th...
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Supreme Court Says :Withdrawing a Case from Supreme Court Has a Cost: No Second Chance
13Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Says :Withdrawing a Case from Supreme Court Has a Cost: No Second Chance

This Supreme Court judgement reaffirms that if a Special Leave Petition under Article 136 of the Constitution is unconditionally withdrawn without seeking liberty to file a fresh one, a second SLP challenging the same order is not maintainable. This principle, drawn from Order XXIII Rule 1 of the CPC, is grounded in public policy to prevent bench-hunting and ensure litigation finality. An appeal against an order merely dismissing a review petition is also not maintainable. Facts Of The Case: The appellant, Satheesh V.K., was a borrower who had defaulted on a loan from the Federal Bank, leading the bank to classify the account as a Non-Performing Asset (NPA) and initiate recovery under the SARFAESI Act. Challenging this action, Satheesh filed a writ petition in the Kerala High Cou...
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International Child Custody Battle Leads to Supreme Court Quashing Dowry Harassment FIR
9Nov By The Legal ChamberNo Comments
Supreme Court

International Child Custody Battle Leads to Supreme Court Quashing Dowry Harassment FIR

The Supreme Court quashed an FIR under Section 498-A IPC, invoking its powers under Article 136 and endorsing the High Court's inherent power under Section 482 Cr.P.C. It ruled that a criminal complaint, if found to be a malicious and retaliatory measure to settle scores, constitutes an abuse of the legal process. The Court applied the principles from the landmark precedent of State of Haryana v. Bhajan Lal to halt proceedings that were initiated with an ulterior motive for wreaking vengeance. Facts Of The Case: The appellant, Nitin Ahluwalia, an Australian citizen, and the respondent, Tina Khanna, an Austrian citizen, were married in India in November 2010 and began their matrimonial life in Australia. In June 2013, the respondent unilaterally left the matrimonial home and took their ...
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Central vs. State Green Authority: Supreme Court Settles the Jurisdiction Debate for Builders
4Nov By The Legal ChamberNo Comments
Supreme Court

Central vs. State Green Authority: Supreme Court Settles the Jurisdiction Debate for Builders

In a significant ruling, the Supreme Court upheld the validity of the 2025 EIA Notification, clarifying that the "General Conditions" under the EIA 2006 Notification do not apply to building and construction projects. Consequently, such projects will continue to be appraised and granted environmental clearance by State-level authorities (SEIAA/SEAC) and not be automatically elevated to the Central level for approval. Facts Of The Case: The case originated from an order dated 09.08.2024 passed by the National Green Tribunal (NGT). The NGT had directed that all building and construction projects falling within 5 km of protected areas, critically polluted areas, or other eco-sensitive zones must be treated as ‘Category A’ projects. This meant they would require environmental clearance from ...
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After Long Legal Battle, Supreme Court Ends Marriage but Secures Daughter’s Future
2Nov By The Legal ChamberNo Comments
Supreme Court

After Long Legal Battle, Supreme Court Ends Marriage but Secures Daughter’s Future

The Supreme Court affirmed the divorce decree on grounds of cruelty, finding the marriage had irretrievably broken down. While not interfering with the divorce, the Court exercised its powers under Article 142 to direct the husband to pay ₹10 Lakh for his daughter's marriage, enforcing a father's financial duty irrespective of marital status. Facts Of The Case: The parties were married in May 1996 and have two children. In 2009, the husband filed for divorce on the grounds of cruelty, alleging various instances of mental cruelty by the wife. The wife countered these allegations, stating that she was the one subjected to cruelty, and subsequently initiated proceedings against the husband under the Domestic Violence Act. During these proceedings, the husband made a claim that the children ...
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Supreme Court Rules: Police Must Register FIR on Cognizable Offence, Can’t Wait for Victim to Complain
28Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Police Must Register FIR on Cognizable Offence, Can’t Wait for Victim to Complain

In a significant ruling on police accountability, the Supreme Court reiterated that under Section 154 of the CrPC, registration of an FIR is mandatory when information discloses a cognizable offence. The Court held that police inaction in such a scenario constitutes a dereliction of duty, and officers cannot avoid this statutory obligation by citing the victim's failure to formally pursue the matter. Facts Of The Case: The case originated from the communal riots in Akola, Maharashtra, on May 13, 2023. The appellant, Mohammad Afzal, a 17-year-old minor, claimed that while returning home, he witnessed four unknown individuals brutally assaulting Vilas Gaikwad in an auto-rickshaw, mistaking him for a Muslim. The assailants then turned on Afzal, damaging his vehicle and attacking him on the ...
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Supreme Court: TET Mandatory for All Teachers, But RTE Act’s Application to Minority Schools Under Scrutiny
6Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court: TET Mandatory for All Teachers, But RTE Act’s Application to Minority Schools Under Scrutiny

This Supreme Court judgment holds that the Teacher Eligibility Test (TET) is a mandatory qualification for the appointment and promotion of all teachers under the RTE Act. However, the Bench expressed doubts about the correctness of the precedent in Pramati which exempts all minority institutions from the RTE Act, and has referred this specific constitutional question for reconsideration by a larger bench. Facts Of The Case: This set of civil appeals originated from conflicting judgments of the Bombay and Madras High Courts concerning the applicability of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, and specifically the Teacher Eligibility Test (TET), to minority educational institutions. The appellants included minority educational institutions, state authorit...
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Supreme Court Modifies Order: Pre-1996 Encroachments on Forest Land Spared from Eviction
26Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Modifies Order: Pre-1996 Encroachments on Forest Land Spared from Eviction

The Supreme Court modified its earlier order concerning forest land regularization. It declined to exempt small fragmented land parcels from being declared as protected forest but clarified the state could utilize them for purposes under Section 3(2) of the Forest Rights Act, 2006, following due procedure. The Court also allowed a one-time exemption for pre-December 1996 encroachments on specified categories of land, as recommended by the Central Empowered Committee. Facts Of The Case: The case originates from the landmark Godavarman Thirumulpad vs. Union of India case (W.P.(C) No.202 of 1995), which deals extensively with forest conservation across India. Within this ongoing litigation, an Interim Application (I.A. No.12465/2019) was filed concerning the classification and treatme...
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