Supreme court
Tender Condition Requiring Past Supply Within One State Irrational, Violates Article 19(1)(g) : Supreme Court
The Supreme Court on Monday (October 6) struck down a Chhattisgarh Government tender condition that mandated bidders to show prior supply experience of at least ₹6 crores to state government agencies in the past three years, as a prerequisite for participating in bids to supply sports kits to government schools in the state.The Court observed that to confine eligibility for participation in a tender to entities operating within a single State is not only irrational but also disproportionate to...
Order XXXVII CPC | In Summary Suit, Defendant Can't File Reply/Defence Without Court's Leave : Supreme Court
The Supreme Court recently clarified that no defence would be allowed to come on record in a summary suit under Order XXXVII CPC without the leave of the court.A bench of Justices Ahsanuddin Amanullah and SVN Bhatti set aside the Bombay High Court's ruling, where it allowed the defendant to file a reply to the plaintiff's summons for judgment, bypassing the mandatory requirement of obtaining the leave of the court for filing a defence. “we are of the view that the order impugned needs to be...
Supreme Court Half Yearly Digest 2025: Property Law
Code of Civil Procedure, 1908; Order VII Rule 11 - Locus Standi of Proposed Purchaser under Agreement to Sell in Suit for Permanent Injunction against Third Party - Held, a proposed purchaser under an agreement to sell lacks locus standi to file a suit for a permanent injunction against a third party claiming independent title and possession of the property, as such an agreement does...
Supreme Court Half Yearly Digest 2025:Protection Of Children From Sexual Offences (POCSO) Act, 2012
Application in Consensual Adolescent Relationships - The Supreme Court emphasized a nuanced application of the POCSO Act in cases involving consensual romantic relationships between adolescents, prioritizing the best interests of the victim and her dependents. (Paras 15, 31) In Re: Right to Privacy of Adolescents, 2025 LiveLaw (SC) 617 : 2025 INSC 778 Life Imprisonment...
Supreme Court Half Yearly Digest 2025: Negotiable Instruments Act
Negotiable Instruments Act, 1881; Section 138 - Code of Criminal Procedure, 1973 - Sections 2(wa), 372, 378 (4), 378 (6) - Dishonour of Cheque - Special Leave to Appeal - Appeal against order of acquittal – Victim's right to appeal - Whether an appeal would be maintainable under the proviso to section 372 of CrPC against an order of acquittal passed in a case instituted upon a private...
Supreme Court Half Yearly Digest 2025: Prevention of Money Laundering Act, [PMLA] 2002
Accused's right to access all relevant materials, relied upon or not, to ensure a fair trial - Procedural denials of document access cannot override the constitutional right to a fair trial under Article 21. The prosecution's concern about roving inquiries was dismissed, as courts can assess document relevance and reject frivolous requests. The appeal was allowed, granting the accused access...
'Vehicle For Vengeance' : Supreme Court Quashes Case Lodged By Woman Accusing Her Colleague Of Rape On False Marriage Promise
The Supreme Court recently quashed a chargesheet lleging rape on the pretext of marriage, holding that the criminal proceedings were instituted as an afterthought and with an ulterior motive.A Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh set aside a Madhya Pradesh High Court order that had refused to quash the proceedings, and observed that the FIR was filed only...
Supreme Court Half Yearly Digest 2025 - NDPS Act
Narcotic Drugs and Psychotropic Substances Act, 1985Section 8 r/w. 15 and 54 – Conscious Possession – Presumption under Section 54 – Burden of Proof - The appellant was convicted under Section 8 read with Section 15 of the NDPS Act for possession of 50 kg of poppy husk. The prosecution's case rested on the recovery of the contraband from the appellant's possession while he was traveling...
Supreme Court Half Yearly Digest 2025: Prevention of Corruption Act
A preliminary inquiry is not mandatory under the Act for initiating a corruption case against a public servant. The absence of a preliminary inquiry does not justify quashing a case against a public servant solely on that ground. (Para 12 & 16) State of Karnataka v. Sri Channakeshava H.D., 2025 LiveLaw (SC) 412 : 2025 INSC 471A public servant accused in a corruption case has no inherent...
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...