Tag: Supreme Court Judgement 2025

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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Landmark Judgment: Supreme Court Explains How to Calculate Compensation for a Child’s Death
11Sep By The Legal ChamberNo Comments
Supreme Court

Landmark Judgment: Supreme Court Explains How to Calculate Compensation for a Child’s Death

The Supreme Court clarified that in claims under Section 166 of the MV Act, a notional income for a deceased child need not be limited to the figures in Schedule II (for Section 163-A claims). It reinstated the Tribunal's calculation, confirming no deduction for personal expenses is required in such cases. Facts Of The Case: The case originated from a motor accident involving a 10-year-old boy who was fatally struck by a bus owned by the Tamil Nadu State Transport Corporation while he was cycling to school. The parents of the deceased child filed a claim petition before the Motor Accidents Claims Tribunal. The Tribunal, acknowledging the undisputed negligence of the bus driver, awarded a total compensation of ₹8,55,000. This calculation was based on attributing a notional monthly...
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No Pay Cut Without a Chance to Argue: Supreme Court Sides with Ex-Navy Personnel Against Bank
26Aug By The Legal ChamberNo Comments
Supreme Court

No Pay Cut Without a Chance to Argue: Supreme Court Sides with Ex-Navy Personnel Against Bank

The Supreme Court held that pay fixation of re-employed ex-servicemen is governed solely by government guidelines, which banks cannot override. It ruled that reducing pay without providing an opportunity of hearing violates principles of natural justice, rendering such an administrative action legally unsustainable. Facts Of The Case: After retiring from the Indian Navy, the appellants were re-employed by Punjab National Bank between 2015-2017 as Single Window Operators. Their initial pay was fixed at a higher amount, with four appellants receiving ₹40,710 and one receiving ₹34,160. However, following a 2018 clarification from the Indian Banks' Association (IBA) that capped the maximum basic pay for ex-servicemen at ₹31,540, the bank issued a circular and subsequently reduced the appella...
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Forced Marriage to Murder: The Shocking Case of Kum. Shubha & the Tragic Crime
4Aug By The Legal ChamberNo Comments
Supreme Court

Forced Marriage to Murder: The Shocking Case of Kum. Shubha & the Tragic Crime

The Supreme Court upheld the conviction of the appellants under Section 302 read with Section 120-B IPC for conspiring to murder the deceased, relying on circumstantial evidence, including Call Detail Records (CDRs) and motive established through witness testimonies. The Court clarified the admissibility of electronic evidence under Section 65-B of the Evidence Act and emphasized that constitutional powers under Article 161 (pardoning power of the Governor) remain exercisable despite statutory remission rules. The judgment reaffirmed the principles of Sharad Birdhichand Sarda for circumstantial evidence while dismissing appeals but allowed the convicts to seek pardon. Facts Of The Case: In December 2003, Kum. Shubha (A-4), a 20-year-old law student, was engaged to B.V. Girish (deceased),...
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Supreme Court Directs Army to Reconsider Promotion After Finding Bias in Confidential Reports
19May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Directs Army to Reconsider Promotion After Finding Bias in Confidential Reports

The Supreme Court upheld the Armed Forces Tribunal’s decision to expunge biased entries in an Army officer’s Annual Confidential Report (ACR) for 2018–19, citing mala fide intent by the reporting officer. Extending the relief, the Court also ordered expungement of the 2017–18 ACR, holding that both reports suffered from the same arbitrariness. It directed reconsideration of the officer’s promotion, emphasizing that concealed adverse remarks without justification violate principles of fairness under Army Order 02/2016. The judgment reinforces judicial scrutiny over subjective assessments in service matters to prevent career prejudice. Facts Of The Case: Brigadier Sandeep Chaudhary, a decorated officer with 12 awards including two Vishisht Seva Medals, was commissioned into the India...
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