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Bench of Justice Dipankar Datta and Justice Manmohan Introduction: In this case, the Hon’ble Supreme Court reiterated the settled legal position that the mere existence of civil proceedings or remedy does not bar criminal prosecution, especially when allegations disclose the commission of a cognizable offence. The judgment came in the context of a commercial dispute that involved allegations of cheating and forgery, where the High Court had quashed the FIR citing parallel civil litigation. Section 420 IPC(Now 318 of BNS)....
Read MoreIn 1999, Murli S. Deora, a well-known Indian human rights activist, filed a civil writ petition before the Supreme Court of India under Article 32 of the Constitution. It was a public interest litigation (PIL) aimed at banning smoking in public places. The main argument made by the petitioner was that smoking in public seriously harmed public health and violated the right to life and personal liberty guaranteed under Article 21 of the Constitution. Murli S. Deora highlighted that non-smokers....
Read MoreBench of Justices Vikram Nath and Prasanna B. Varale Introduction: The Supreme Court clarified that if a party denies the existence or legality of a compromise decree, they cannot directly approach the appellate court. Instead, they must first challenge the compromise before the trial court under the proviso to Order XXIII Rule 3 of the CPC. It was held that Order XLIII Rule 1-A CPC does not create an independent right of appeal; it only allows challenge to a non-appealable....
Read MoreThe case of Selvi vs. State of Karnataka arose when objections were raised against the use of certain neuro-scientific investigation techniques during criminal investigations. In this case, some techniques were being used without the consent of the accused persons, suspects, or even witnesses. The main issue was whether forcing someone to undergo these tests without their permission violated their fundamental rights. The techniques in questions were- “Narcoanalysis Polygraph tests (lie detector tests), Brain Electrical Activation Profile (BEAP)” Issue before the....
Read MoreA Bench comprising Justice BR Gavai and Justice Augustine George Masih Introduction: The Supreme Court in this case severely criticized the Allahabad High Court for invoking Section 362 of the Code of Criminal Procedure (CrPC) to alter a final judgment in a murder case. The High Court had changed the conviction from Section 302 IPC (murder) to Section 304 Part II IPC (culpable homicide not amounting to murder), which the Supreme Court held to be a misuse of Section 362 CrPC. The apex....
Read MoreThe respondent company owned a large area of land in Calcutta. It planned to develop this land for housing and divided it into smaller plots for sale. To do this, it signed agreements with various buyers, collecting small deposits as earnest money. However, in late 1941, during World War II, the Government took over a big portion of this land for military use under the Defence of India Rules. The company said it could no longer complete the agreements and....
Read MoreIntroduction In this 2025 judgment, the Supreme Court reiterated that a compromise decree passed under Order 23 Rule 3 of the Code of Civil Procedure (CPC) can only be challenged by filing a recall application before the same court. A separate suit challenging the validity of the compromise on the ground of coercion or fraud is barred under Order 23 Rule 3A CPC. Order 23 Rule 3 CPC – Compromise of suit. Order 23 Rule 3A CPC – Bar to....
Read MoreRatlam, a princely state that eventually joined the Indian Union, was governed by Sajjan Singh. Sajjan Singh and the Indian government entered into a contract in 1949 that gave him a number of rights and privileges, including the ability to receive a yearly privy purse. The Constitution (26th Amendment) Act, which was passed in 1954, removed the rulers of the former princely states' privy privileges and privy funds. In the Supreme Court, Sajjan Singh contested the legality of the 26th....
Read MoreThe claimant, Hadley, owned a mill featuring a broken crankshaft. The claimant engaged Baxendale, the defendant, to transport the crankshaft to the location at which it would be repaired and then subsequently transport it back. The defendant then made an error causing the crankshaft to be returned to the claimant a week later than agreed, during which time the claimant’s mill was out of operation. The claimant contended that the defendant had displayed professional negligence and attempted to claim for....
Read MoreBench of Justices Manoj Misra and Manmohan Introduction The Supreme Court, in this matrimonial dispute, quashed criminal proceedings under Section 498A IPC against the parents-in-law of the complainant-wife. The Court emphasized the need for courts to be cautious while accepting allegations at face value, especially when made after years of marriage and in the backdrop of divorce litigation. It held that generic and delayed allegations against relatives should not result in criminal trials unless supported by specific instances of cruelty....
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