Supreme Court Half Yearly Digest 2025: Family Law

Child Custody - Best Interests of the Child - Mental Capacity - Expert Opinion - When there is uncertainty about the child's ability to make independent decisions, expert opinions confirming a disability should be prioritized over inferences drawn from direct interactions with the child. The Court emphasized the importance of relying on expert medical assessments to determine the capacity...

Trial Judge Can't Refuse To Decide Case Saying Timeline Set By Supreme Court Expired : SC

The Supreme Court recently came across an unusual order of the trial court where it refrained from exercising the jurisdiction just because the timeline prescribed by the Supreme Court for it to dispose of the proceedings was not followed by the trial court. “We are pained to note the manner in which the order has been passed by the learned Judge. If for any reason, the Judge was not able to dispose of the matter within the prescribed time period fixed by this Court, the appropriate remedy...

Trial Court Cannot Take Cognizance Of Offence Not Mentioned In Chargesheet Only Based On Private Witness's Affidavit : Supreme Court

The Supreme Court has held that a Trial Court cannot take cognizance of additional offences not mentioned in the chargesheet solely on the basis of affidavits filed by private witnesses, without relying on the investigation record or ordering further investigation.A bench comprising Justice Ahsanuddin Amanullah and Justice SC Sharma set aside the Allahabad High Court's unusual order where it approved the trial court's order taking cognizance of an offence under Section 394 IPC (voluntary...

High Courts Should Discourage Direct Filing Of Anticipatory Bail Pleas, Ask Parties To Approach Sessions Court First: Supreme Court

The Supreme Court has once again cautioned High Courts against directly entertaining anticipatory bail applications, stressing that litigants should ordinarily be directed to first approach the Sessions Court before invoking the High Court's concurrent jurisdiction.The case arose from the murder of a health worker in Patna, who was shot dead in broad daylight allegedly at the behest of moneylenders demanding repayment at exorbitant rates of interest. The complainant alleged that after extorting...

Improper For HC Judge To Not Refer Bail Plea To Earlier Judge Citing Roster Change : Supreme Court

The Supreme Court recently criticised a High Court Judge for not referring a regular bail application to the earlier bench, which had dealt with the anticipatory bail application from the same FIR, citing the reason that the earlier judge's roster had changed.The Court observed that such reasoning adopted by the High Court Judge was not proper.A bench comprising Justice Ahsanuddin Amanullah and Justice SVN Bhatti was dealing with a petition challenging the bail granted to two accused...

Motor Accident Compensation - Minimum Wages Can't Be Fixed Solely On Educational Qualification, Must Consider Nature Of Work: Supreme Court

The Supreme Court has held that minimum wages cannot be determined solely on the basis of a person's educational qualification, without reference to the nature of work carried on. The Court was deciding a motor accident compensation case where the quantum of income was in dispute.The case concerned a 20-year-old B.Com final year student who had also enrolled with the Institute of...

Arbitral Award Must Be Within Parameters Of Agreement Between Parties : Supreme Court Dismisses Chinese Company's Appeal

The Supreme Court has recently upheld the setting aside of an arbitral award of nearly ₹995 crore granted in favour of Chinese company SEPCO Electric Power Construction Corporation, holding that the arbitral tribunal had erred by re-interpreting contractual terms and departing from the agreed stipulations in violation of Section 28(3) of the Arbitration and Conciliation Act,...

Supreme Court Orders Two Delhi Judicial Officers To Undergo 'Special Training' For 'Perverse' Order Granting Bail

The Supreme Court recently directed that two Judicial Officers in the Delhi Judicial Service must undergo special judicial training for a period of at least seven days for the illegal and erroneous manner in which they granted bail to two accused.While setting aside the bail granted to a couple accused in a multi-crore scam, the Court directed the judicial officers who passed the impugned...

Supreme Court Weekly Digest [September 10 - 14, 2025]

Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) - Section 482 - Anticipatory Bail - Hierarchy of Courts - The concurrent jurisdiction of the Sessions Court and the High Court for anticipatory bail under Section 482 of BNSS does not mean a person can directly approach the High Court, bypassing Sessions Court - The Hierarchy of Courts demands that a person seeking pre-arrest bail should not...

'Vague & General Allegations' : Supreme Court Quashes Marital Cruelty Case Lodged By Wife Against In-Laws

The Supreme Court on Friday (Sep. 26) quashed criminal proceedings against a woman's in-laws, who had been accused of domestic cruelty and subjecting her to mental torture, based on a vague and general allegation. The bench led by Chief Justice BR Gavai and comprising Justice K. Vinod Chandran and Justice Atul S Chandurkar allowed the appeal filed by the woman's father-in-law, mother-in-law,...

Supreme Court Half Yearly Digest 2025: Motor Accident Claims

Assessment of contributory negligence in a motor accident claim - Contributory negligence cannot be presumed on mere allegations of high-speed driving without direct or corroborative evidence. Contributory negligence must be established through direct or corroborative evidence. Tribunal's assessment of negligence, based on evidence and spot inspection, should be upheld unless...

S. 37 Provincial Insolvency Act | Only Valid Sales Made During Insolvency Stand Protected After Insolvency Annulment: Supreme Court

The Supreme Court clarified the effect of annulment of insolvency proceedings on transactions carried out during the insolvency period. The case arose from a long-standing dispute over the shareholding in a partnership firm, M/s Gavisiddheshwara & Co., originally formed in 1963. After the death of one of the partners in 1975, his son (the appellant) and widow were declared insolvent due...