Code of Criminal Procedure, 1973 – Section 173(8) — The requirement of seeking prior leave of the Magistrate to conduct “further investigation” and/or to file a “supplementary report” has, by judicial development and consistent practice, evolved into a necessary…

Indian Penal Code, 1860 – Section 149 — Once the common object of the unlawful assembly stands established, every member thereof becomes vicariously liable for acts committed in prosecution of such common object; the liability contemplated under Section 149…

If a High Court, while reversing an acquittal, convicts the accused for the first time, can it send the case back to the trial court only for hearing on sentence and imposing sentence?

Indian Penal Code, 1860 – Sections 53 and 45; Code of Criminal Procedure, 1973 – Section 433-A — When a sentence of life imprisonment is imposed, the meaning is that it is till the natural life subject to the right of claiming remission, and hence modifying…

Constitution of India - Article 324 ; Representation of the People Act, 1950 - Section 21(3) - The Supreme Court upheld the Election Commission of India’s Special Intensive Revision of the Bihar electoral roll, holding that it was validly traceable to Section…

Bharatiya Sakshya Adhiniyam, 2023- Section 63(4) - Constitutional Validity - The issuance of a standard-form certificate prescribed in the Schedule which inter alia requires the disclosure of hash value of the electronic/digital record along with a further…

Summary: This miscellaneous application sought clarification/modification of the Supreme Court’s earlier judgment concerning clubbing of FIR No. 30/2019 (EOW, Delhi) and FIR No. 439/2024 (PS Sector 65, Gurugram, Haryana). The Court noted that its reasoning…

Indian Penal Code, 1860 – Section 302 (Murder – Death sentence) — Capital punishment can be only be awarded when the alternative of life imprisonment is unquestionably foreclosed. Te exercise requires a careful and individualized balancing of the aggravating…

Notes On Supreme Court Judgments

Constitution of India - Article 265, 366(28) - Until and unless the statute provides for the imposition of tax which may include impost, no tax can be levied or collected from any person - Tax and Fee - Distinction between “tax” and “fee” having been blurred…

Criminal Trial - Circumstantial Evidence - In a case resting entirely on circumstantial evidence, each incriminating circumstance must be firmly proved, and the chain of circumstances must be so complete as to unerringly point towards the guilt of the accused…

Code of Criminal Procedure, 1973 – Section 311 — The power conferred under Section 311 of the CrPC is undoubtedly wide; however, such power is required to be exercised sparingly and in judicious manner, and not arbitrarily. (Para 13) The stage at which the…

Sanyasi - Sanyas is the fourth and final stage in the traditional Hindu system of life stages, typically characterized by renunciation of material desires, family ties and worldly ambitions. [Context: The applicant, a self‑professed Sanyasi, repeatedly approached…

Constitution of India, 1950 – Articles 226 and 227  ; Arbitration and Conciliation Act, 1996 – Sections 5, 16 and 34 - If the enactment besides providing for a statutory remedy [herein, Section 34] also expects minimal judicial interference prior to the culmination…

Motor Accident Compensation - Motor Vehicles Act, 1988 – Section 166 ; Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006 — Under social welfare legislations, the paramount consideration is awarding just and adequate…

💡Can specific performance be denied solely because the buyer did not issue notice or sue immediately after the contractual time for performance expired, if the suit is still within limitation?

Specific Relief Act, 1963 — Section 16(c) — Readiness and willingness…

Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations, 2003 — Regulation 2(1)(c) — Definition of "Fraud" — Requirement of Intention and Injury — The plain language of Regulation…

Bharatiya Nyaya Sanhita, 2023 — Section 63 and Section 65 / Rape — Allegation of rape in matrimonial disputes — A blanket statement alleging rape without specific acts or series of acts backed by factual details or prima facie material evidence is insufficient…

Constitution of India — Article 21A — Right of Children to Free and Compulsory Education Act, 2009 - Section 23 - Extension of Time for TET Qualification —Review petition against State of U.P. vs Anjuman Ishaat-E-Taleem Trust 2026 INSC 597 - To make the verdict…

Constitution of India – Article 21 — Practice and Procedure- The right to life and personal liberty guaranteed under Article 21 of the Constitution is not confined to the expeditious conduct of a trial and extends to every stage of the proceeding and is as…

Code of Civil Procedure, 1908 – Order XII Rule 6 — The provision confers a discretionary power upon the Court to pronounce judgment on the basis of admission made either in pleadings or otherwise, however the exercise of such power is conditioned upon the…