Supreme Court
The Supreme Court of India has disposed of a batch of civil appeals and writ petitions filed by Abdul Khalek and other residents of…
Supreme Court Allows Condonation of Delay in Land Acquisition Appeals Under RFCTLARR Act, Clarifies Applicability of Limitation Act
The Supreme Court in The Deputy Commissioner and Special Land…
Supreme Court: High Courts Cannot Direct Police To Follow Section 41A CrPC After Refusing To Quash FIR
The Supreme Court in Practical Solutions Inc. (through Authorised Representative)…
Supreme Court Rules Juvenile Justice Act, 2000 has Retrospective Effect; Orders Release of Man Found to Be a Juvenile at the Time of 1981 Offence
The Supreme Court bench of Justices Dipankar Datta and A.G. Masih ordered the release of a man convicted in a 1981 murder case after confirming he was 12 years and 5 months old at the time of the offence. Citing Section 7-A of the Juvenile Justice Act, 2000, the Court held that a claim of juvenility can be raised at any stage and applies retrospectively. The bench ruled that custody beyond the three-year limit under juvenile law violates Article 21 and reaffirmed the rehabilitative nature of juvenile justice while criticizing past procedural lapses.
SC Says Criminal Courts Can Only Fix Clerical Mistakes, Not Recall or review it’s judgement
The Supreme Court held that criminal courts cannot review or recall their own final, signed orders except to correct clerical or arithmetical mistakes, and set aside the Rajasthan High Court’s recall and transfer of two FIR investigations to the CBI. It ruled that inherent powers under Section 482 (now Section 528 BNSS) cannot override the bar in Section 362 CrPC (now Section 403 BNSS). The Court restored finality to the earlier order and allowed parties to seek appropriate remedies.
The Supreme Court clarified key principles on oral gifts (Hiba) under Mohammedan law in *Dharmrao Sharanappa Shabadi v. Syeda Arifa Parveen* (October 7, 2025). It ruled that oral gifts cannot be “surprise instruments” and must meet three simultaneous conditions: donor’s declaration, donee’s acceptance, and delivery of possession. Without evidence like mutation or acts of ownership, the gift claim fails. The Court set aside the Karnataka High Court ruling and held the 2013 suit time-barred, stressing strict proof and possession as decisive for validating Hiba claims.
The Supreme Court ruled on 6 October 2025 that tender conditions requiring prior supply experience **within a specific state** are unconstitutional. In *Vinishma Technologies Pvt. Ltd. v. State of Chhattisgarh*, the Court struck down the rule for violating **Article 14** (equality) and **Article 19(1)(g)** (freedom of trade), stressing that public procurement must ensure fair competition and a “level playing field.” Geographical restrictions lacking rational justification were deemed arbitrary. The decision reinforces that tender rules must serve legitimate objectives, not create artificial barriers favoring local suppliers over qualified national bidders.
Supreme Court clarifies No Defence in Summary Suit Without Court’s Leave | Order XXXVII CPC
The Supreme Court held in *Executive Trading Co. v. Grow Well Mercantile* that defendants in summary suits under Order XXXVII CPC must obtain the court’s permission (“leave to defend”) before filing any defence. The ruling preserves the fast-track nature of summary proceedings, requiring defendants to apply within set timelines and support their plea with an affidavit showing a substantial defence. Courts may grant leave with conditions, but cannot permit routine replies without leave. The decision enforces strict procedural compliance to protect quick recovery of liquidated commercial claims.
Madhya Pradesh is defending its decision to increase OBC reservation from 14% to 27%, taking total reservations to 73%, above the 50% ceiling set by the Supreme Court. The state cites the large OBC population and their underrepresentation in public services. The case raises legal questions about balancing affirmative action (Articles 15(4) and 16(4)) with equality principles. Key precedents, including *Indra Sawhney* and *M. Nagaraj*, guide how reservations can exceed 50% only in extraordinary circumstances, supported by data on backwardness, inadequate representation, and administrative efficiency. The Supreme Court will examine these issues in its upcoming hearing.
Supreme Court Records Assam’s Eviction Procedure For Reserved Forest Encroachments, Orders Status Quo Pending Due Process
The Supreme Court of India has disposed of a batch of civil appeals and writ petitions filed by Abdul Khalek and other residents of several villages situated within notified reserved…
Supreme Court Allows Condonation of Delay in Land Acquisition Appeals Under RFCTLARR Act, Clarifies Applicability of Limitation Act
The Supreme Court in The Deputy Commissioner and Special Land Acquisition Officer v. M/s S.V. Global Mill Limited and over 500 connected matters has held that appeals under Section 74…
Supreme Court: High Courts Cannot Direct Police To Follow Section 41A CrPC After Refusing To Quash FIR
The Supreme Court in Practical Solutions Inc. (through Authorised Representative) v. State of Telangana & Ors. set aside a Telangana High Court order which, while disposing of a petition to…
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