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Latest legal precedents explained in simple terms - Page 1 of 2
Supreme Court clarifies that jurisdiction for cheque dishonour cases under Section 138 NI Act lies with court where payee's bank branch is situated, not drawee bank. Court establishes that legal fiction in Explanation to Section 142(2)(a) deems cheque delivered to payee's home branch regardless of actual collection branch.
Read AnalysisSupreme Court cancels bail in dowry death case, ruling that High Court ignored statutory presumption under Section 113B Evidence Act and gravity of offence when bride died within 4 months of marriage amid dowry harassment allegations.
Read AnalysisSupreme Court rules that property transferred via registered sale deed before suit filing cannot be attached before judgment - creditor's remedy lies in separate suit under Section 53 of Transfer of Property Act for fraudulent transfer claims, not through attachment proceedings.
Read AnalysisSupreme Court rules that development rights of defaulting developers don't qualify as "assets" protected under IBC moratorium - valid termination before CIRP extinguishes rights, allowing housing societies to appoint new developers for public welfare projects.
Read AnalysisSupreme Court rules that arbitration clause remains valid even when designated appointing authority becomes ineligible - Court can appoint neutral arbitrator under Section 11(6) to preserve parties' intent to arbitrate.
Read AnalysisSupreme Court rejects both cancellation of bail and modification of bail conditions, emphasizing the finality of judicial orders and the need to balance the right to liberty with the interests of a fair trial in a murder case.
Read AnalysisSupreme Court stops further deer translocation from A.N. Jha Deer Park due to serious violations of wildlife guidelines, orders Central Empowered Committee investigation into welfare breaches and mismanagement.
Read AnalysisSupreme Court rules that judgment debtors who received multiple notices during execution proceedings cannot later challenge auction sale for selling entire property when they failed to raise objections at the appropriate stage under Order XXI Rule 90(3) CPC.
Read AnalysisSupreme Court rules that defective affidavit filed with Section 7 IBC application is curable defect - procedural irregularities shouldn't defeat substantive rights. Court emphasizes procedure is handmaiden to justice, not hindrance.
Read AnalysisSupreme Court quashes rape case, ruling that a long-term consensual relationship cannot be criminalized merely because it didn't lead to marriage. The Court emphasized that for a false promise to vitiate consent, it must be shown that the accused never intended to marry from the beginning, and prolonged voluntary relationship indicates genuine consent.
Read AnalysisSupreme Court quashes criminal proceedings under Sections 406/420 IPC, ruling that partnership disputes with civil remedies available cannot be criminalized without clear evidence of dishonest intention from inception. Court emphasizes criminal law should not be used for settling personal vendettas when civil suits are already pending.
Read AnalysisSupreme Court takes suo moto cognizance of severe river contamination in Rajasthan, constitutes High-Level Ecosystem Oversight Committee, and modifies NGT order stay to ensure immediate environmental remediation for affected populations.
Read AnalysisSupreme Court dismisses petition seeking Indian arbitration for Benin-seated international commercial arbitration, ruling that mother agreement's foreign arbitration clause prevails over subsequent domestic contracts and group of companies doctrine doesn't apply.
Read AnalysisSupreme Court rules landlords don't need to file fresh Section 12(1) application during appeal - tenant's failure to pay admitted rent for 5+ years justifies immediate eviction without repeating summary procedure before Appellate Authority.
Read AnalysisSupreme Court rules that provident fund dues under EPF&MP Act have statutory first charge that prevails over secured creditor's priority under SARFAESI Act - PF dues must be paid first from auction proceeds.
Read AnalysisSupreme Court establishes uniform 4-point roster system for HJS seniority, ruling that judicial officers lose their 'birthmark' of recruitment source upon entry - prior service in lower judiciary cannot be considered for seniority determination within HJS cadre.
Read AnalysisSupreme Court rules that parties to a voluntarily concluded compensation agreement cannot later seek additional interest payments under statutory provisions - once agreement is finalized, it becomes sacrosanct and excludes other statutory remedies.
Read AnalysisSupreme Court strikes down Tribunal Reforms Act, 2021 for violating separation of powers and judicial independence. Court rules Parliament cannot nullify binding judicial directions through legislative override without curing constitutional defects.
Read AnalysisSupreme Court rules 30-day appeal period for environmental clearance challenges begins from earliest communication by any authority - website upload, newspaper ad, or official submission - not when aggrieved party actually learns about it.
Read AnalysisSupreme Court rules that assignment of a decree for specific performance of sale agreement does not require registration under Registration Act, as such decree doesn't create any right, title or interest in immovable property - only right to obtain sale deed through court process.
Read AnalysisSupreme Court upholds 24% interest rate in commercial loan agreements, ruling that high-risk transactions with defaulting borrowers can justify higher rates. Court clarifies that arbitration awards based on contractual interest rates don't violate public policy unless rates are "so perverse as to shock the conscience of the Court."
Read AnalysisSupreme Court quashes dacoity charges, ruling that retrieving institutional files without dishonest intention doesn't constitute robbery or dacoity - complete restitution and amicable settlement between parties eliminates essential element of 'dishonest intention' required for theft-based offences.
Read AnalysisSupreme Court acquits murder convict after 15+ years in custody, ruling that delayed identification of accused after 8.5 years via video conferencing by elderly witness with weak eyesight is unreliable. Court establishes new guidelines for electronic evidence recording and emphasizes strict standards for witness identification evidence.
Read AnalysisSupreme Court upholds property auction, ruling that failure to use statutory remedies under Sections 37-A or 38 of Tamil Nadu Revenue Recovery Act within 30-day limitation period bars subsequent legal challenges, even when writ petitions were pending.
Read AnalysisSupreme Court rules companies buying software for business processes don't qualify as "consumers" - software used to automate export/import documentation with direct profit nexus constitutes commercial purpose, excluding business-to-business transactions from consumer forum jurisdiction under Consumer Protection Act.
Read AnalysisSupreme Court rules insurance company cannot deny boiler explosion claim using exclusion clause when boiler was government-certified and registered - insurer bears heavy burden to prove fraud or material non-disclosure.
Read AnalysisSupreme Court allows curative petition and acquits death row convict, ruling that inconsistent verdicts on identical evidence violate Articles 14 and 21. Court finds confession involuntary and recoveries inadmissible after same evidence led to acquittal in 12 companion cases.
Read AnalysisSupreme Court rules that tenants cannot avoid eviction by claiming pending litigation when they failed to pay fair rent determined by Rent Controller and didn't seek stay orders - belated payment after 6 years constitutes wilful default under Tamil Nadu Rent Control Act.
Read AnalysisSupreme Court rules that burden of proof lies on decree-holder to establish violation of compromise decree - mere presumption without evidence cannot sustain execution of century-old agreement between community sects over religious idol custody.
Read AnalysisSupreme Court directs statutory constitution of Delhi Ridge Management Board under Environment Protection Act - establishes single-window authority for protection of Delhi Ridge and Morphological Ridge, mandates removal of encroachments and regular monitoring.
Read AnalysisSupreme Court rules DNA testing cannot be ordered as matter of course - sets aside High Court's direction for DNA testing. Court emphasizes conclusive presumption of legitimacy under Section 112 Evidence Act and right to privacy, stating prosecution failed to establish non-access between married couple during relevant period.
Read AnalysisSupreme Court rules that order rejecting plaint under Order VII Rule 11 CPC is a decree under Section 2(2) CPC and appealable under Section 13(1A) of Commercial Courts Act, 2015 - plaintiff cannot be left without remedy.
Read AnalysisSupreme Court rules that land purchase/sale transactions with profit margin don't constitute 'Real Estate Agent' services - mere facilitation of property transfer falls under sale transaction exception, not taxable service.
Read AnalysisSupreme Court rules unilateral termination of agreement to sell is impermissible except for determinable contracts - subsequent purchasers with notice of prior agreement cannot claim bona fide purchaser status when termination was invalid and without refund of earnest money.
Read AnalysisSupreme Court rules that value of duty-paid bought-out items delivered directly at buyer's site cannot be included in assessable value of boilers cleared in completely knocked down (CKD) condition, as the erected boiler becomes an immovable property and hence not excisable goods.
Read AnalysisSupreme Court sets aside arbitral award that attempted to rewrite contractual terms contrary to Railway Board's policy directives. Court rules arbitrator exceeded jurisdiction by ignoring binding policy circulars and contractual terms agreed upon by parties.
Read AnalysisSupreme Court strikes down Bihar rules requiring mutation certificates for property registration, ruling they are ultra vires the Registration Act and violate constitutional right to freely dispose of property.
Read AnalysisSupreme Court rules that 'previous Financial Year' in tender documents must be interpreted reasonably considering statutory ITR filing deadlines - highest bidder wrongly excluded for not submitting ITR that wasn't yet due.
Read AnalysisSupreme Court establishes that grounds of arrest must be provided in writing in all criminal cases, with exceptions only for flagrante delicto offences where written grounds must be supplied at least 2 hours before remand hearing.
Read AnalysisSupreme Court rules High Court erred in quashing dowry harassment FIR by examining credibility of allegations - absence of specific dates in earlier complaints doesn't make FIR an afterthought when prima facie case exists under Section 498A IPC and Dowry Prohibition Act.
Read AnalysisSupreme Court rules State Government cannot file appeal against acquittal in cases investigated by CBI - only Central Government has authority. Court clarifies mutual exclusive division in appeal rights under Section 378 CrPC and condones CBI's delay to ensure grave conspiracy murder case is heard on merits.
Read AnalysisSupreme Court rules that repetitive use of the word "arbitration" in a contract clause doesn't create a valid arbitration agreement when the clause lacks essential elements like finality, binding effect, and neutral adjudicators. The Court emphasized that substance matters more than form in arbitration agreements.
Read AnalysisSupreme Court upholds disqualification of elected councillor for failing to disclose conviction under Section 138 of Negotiable Instruments Act in election nomination form. Court rules that subsequent acquittal after election doesn't cure the defect - candidate's eligibility is determined as of nomination date.
Read AnalysisSupreme Court rules that when appellants die before appeal hearing and legal heirs aren't substituted, the appellate court's judgment is a nullity. The original trial court decree becomes executable, not the modified appellate decree.
Read AnalysisSupreme Court validates registered release deeds that severed family members from coparcenary rights and rules unregistered partition deed (palupatti) can be used to prove severance of joint status and subsequent separate possession, leading to recalculation of property shares among remaining family members.
Read AnalysisSupreme Court rules private operators cannot ply on inter-state routes overlapping notified intra-state routes - approved transport schemes override inter-state agreements under Motor Vehicles Act.
Read AnalysisSupreme Court rules that police investigation under Section 156(3) CrPC must proceed when prima facie evidence of forged documents submitted to court exists - High Court cannot quash FIR at initial stage when fake stamp papers and fabricated rent agreements are produced to mislead court proceedings.
Read AnalysisSupreme Court rules that objections under Section 47 CPC cannot reopen arbitral awards that have attained finality through Supreme Court approval - mere fraud allegations against company officials without prima facie evidence don't render award inexecutable.
Read AnalysisSupreme Court rules ground-floor commercial use doesn't automatically permit upper-floor commerce - owners must pay conversion charges, penalties for excess construction, and remove illegal structures to claim de-sealing.
Read AnalysisSupreme Court rules that investigating agencies cannot summon advocates merely for giving legal opinions or representing clients, protecting lawyer-client privilege under Section 132 BSA. Exceptions require credible evidence of lawyer's criminal involvement beyond professional duty.
Read AnalysisSupreme Court rules that tender authorities cannot reject bids for submitting financial capacity certificates from qualified professionals when tender documents don't explicitly require District Magistrate certificates.
Read AnalysisSupreme Court rules that unexplained 4-year delay by arbitrator resulting in indecisive award violates public policy - such awards can be set aside, and Court can use Article 142 powers to impose final settlement after 16-year legal battle.
Read AnalysisSupreme Court rules insurance companies cannot deny genuine fire claims when surveyor cannot determine exact fire cause - policyholder only needs to prove fire occurred and caused loss, not the scientific origin.
Read AnalysisSupreme Court invokes Article 142 to grant divorce and approve ₹1 Crore permanent alimony for marriage irretrievably broken after 15+ years of separation, quashing all ongoing cases between spouses for final closure.
Read AnalysisSupreme Court rules that when sellers accept additional payment after a contract's deadline, they waive their right to cancel for that delay. The contract remains alive and original buyer can enforce specific performance even if property is sold to relative.
Read AnalysisSupreme Court rules that consistent and reliable dying declarations can form the sole basis for conviction, even with minor discrepancies in later statements. The first declaration to medical professionals carries significant weight when corroborated by physical evidence.
Read AnalysisSupreme Court rules conviction based solely on circumstantial evidence requires unbroken chain pointing only to guilt - flawed investigation with gaps and ignored witnesses entitles accused to benefit of doubt.
Read AnalysisSupreme Court reaffirms vicarious liability under Section 149 IPC - all members of unlawful assembly equally responsible for crimes committed by any member in pursuit of common object, including drivers and facilitators.
Read AnalysisSupreme Court upholds "pay and recover" principle - insurance company must compensate victims even when bus travels on unauthorized route, but can recover full amount from vehicle owner who violated permit conditions.
Read AnalysisSupreme Court acquits public servant, ruling that recovery of money from desk drawer without proof of demand and acceptance is insufficient for conviction under Prevention of Corruption Act.
Read AnalysisSupreme Court rules that converting unpaid bills into redeemable preference shares transforms creditors into shareholders - they cannot file for corporate insolvency as the debt becomes capital investment, not loan.
Read AnalysisSupreme Court clarifies that offence of threatening witnesses under Section 195A IPC is cognizable - police can directly register FIR without following Section 195(1)(b)(i) CrPC procedure. Witnesses can approach police or file complaint under Section 195A CrPC.
Read AnalysisSupreme Court rules all participants can be convicted for murder if they shared common intention to cause death, even in mutual fights. Mere 'free fight' and injuries on both sides doesn't reduce offense from murder to culpable homicide.
Read AnalysisSupreme Court rules innocent vehicle owners can get vehicles back immediately during trial if they prove no knowledge of drugs hidden by employees - 2022 NDPS Rules cannot override court's power to grant interim custody.
Read AnalysisSupreme Court sets aside dismissal of railway employee, ruling that charges of illegal gratification and other misconduct were not proved due to lack of evidence and non-examination of key witness, ensuring fair enquiry standards.
Read AnalysisSupreme Court rules that continuous intellectual property theft creates inherent urgency - delay in gathering evidence doesn't force companies into mediation when infringement persists.
Read AnalysisSupreme Court rules government failure to implement transgender protection laws constitutes discrimination - mandates equal opportunity policies, compensation for victims, and 3-month deadline for state compliance.
Read AnalysisSupreme Court rules temporary business inactivity doesn't mean cessation - companies can claim expenses and carry forward losses during lean periods if they show genuine business continuity efforts.
Read AnalysisSupreme Court acquits accused due to major contradictions in eyewitness testimony regarding the genesis and place of occurrence. Establishes that conviction cannot stand on unreliable evidence.
Read AnalysisSupreme Court rules Administrative Tribunal is first stop for government service disputes, cannot directly approach High Court for routine recruitment issues.
Read AnalysisSupreme Court: CBI investigation is extraordinary power, cannot be ordered based on mere doubt or assumption without strong evidence.
Read AnalysisSupreme Court clarifies agreement to sell doesn't transfer ownership - property forms part of inheritance under Muslim law until registered sale deed.
Read AnalysisSupreme Court clarifies waitlists have limited validity under constitutional principles, cannot create permanent employment rights.
Read AnalysisSupreme Court reaffirms property disputes with complex inheritance questions deserve full trial, cannot be dismissed prematurely on technical grounds.
Read AnalysisSupreme Court clarifies proper compensation calculation including all salary components and actual tax deductions for young professionals.
Read AnalysisSupreme Court clarifies enhanced market value compensation rights and rental compensation requirements for unauthorized government land use.
Read AnalysisSupreme Court reaffirms circumstantial evidence can convict in domestic crimes when accused provides false explanation.
Read AnalysisSupreme Court rules criminal cases for false caste certificates must proceed to trial, no automatic quashing allowed.
Read AnalysisSupreme Court clarifies minor's testimony with medical, forensic evidence sufficient for conviction under POCSO and SC/ST Acts.
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⚠️ DISCLAIMER: This content is for informational purposes only and does not constitute legal advice. Consult a qualified legal professional for specific legal guidance. The information provided is based on judicial interpretation and may be subject to changes in law.