Reported in : [2025]9S.C.R.339
.....a perusal of s.53a of tp act, as well as the case law on point, it is forthcoming that one of the main ingredients for taking shelter u/s.53a is the factum of possession – in the instant matter, the very fact that plaintiff has filed the present suit for possession, along with other reliefs, shows that on the date of filing of the suit, plaintiff was not in possession of the entire suit property – since there was no possession with the plaintiff, he cannot derive any benefit under the doctrine of part-possession. [paras 30, 31] transfer of property act, 1882 – s.5 and s.54 – sale of immovable property – specific mode of execution of sale deed: held: in sale for an immovable property the value of which exceeds rs.100/-, the three requirements of law are that the transfer of property of sale must take place through a validly executed sale deed, i.e., it must be in writing, properly attested and registered – unless the sale deed is in writing, attested and registered, the transaction cannot be construed as sale, or in other words, the property will not be transferred. [para 14] property law – difference between sale deed and agreement for sale: held: there is a.....
Tag this Judgment! Ask ChatGPTReported in : [2025]9S.C.R.300
.....board to take samples of effluents and procedure to be followed – opportunity of hearing – complaint against the appellant-engaged in sugar manufacturing alleging that the sugar mill of the appellant was discharging untreated waste in a particular drain resulting in contamination of ground water in an area of about one and a half kilometer around the sugar mill having depth upto 50 metres – ngt constituted a joint committee of central pollution control board (cpcb), uttar pradesh pollution control board (uppcb) and district magistrate (dm) to conduct inspection – on basis thereof, ngt held that there was illegal disposal of untreated effluents, dilution at the outlet to conceal the real status, absence of monitoring, absence of record of oil and grease stored and etp logbook, compensation of rs.18 crores at the rate of 2 percent of annual turnover would be justified and that the compensation recovered may be utilized for restoration of the environment – legality: held: impugned orders are in complete violation of the procedures laid down in the ss.21 and 22 of the 1974 act, 1986 act, and the 2010 act, including s.19 thereof – impugned decisions which entail adverse.....
Tag this Judgment! Ask ChatGPTReported in : [2025]9S.C.R.258
.....for her abortion – that abortion was conducted after the constitution of medical board by the executive chairman, bslsa, patna high court, a fact which has not been disputed – there is ample documentary and oral evidence to prove these elements and the high court has overlooked relevant evidence in arriving at its finding – as regards the delay in lodging the fir, the incident came to light only after the ultrasound conducted on 01.07.2016 and the fir was lodged on the very next day – before the discovery of offence, the delay of 3-4 months 260 [2025] 9 s.c.r. supreme court reports was a consequence of the intimidation made by the respondent nos.1 and 2, which prevented the victim from opening up before her parents – so, the victim could be faulted in any manner on account of delay. [paras 17, 19, 20, 21] penal code, 1860 – s.376(2) – protection of children from sexual offences act, 2012 – ss.4 and 6 – code of criminal procedure, 1973 – s.223 – trial court convicted respondent nos.1 and 2 u/s.376(2) of ipc and ss.4 and 6 of pocso act, 2012 for raping a minor girl – respondents never committed the acts together and always acted separately – the high.....
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.....arising in these batch of appeals. 3. the state of telangana in their appeals allege that the expansion of the definition, on the subjective satisfaction of the high court, would lead to frustrating the special provision under article 371d, intended to confer a benefit to those local candidates in the state of telangana who can be given preferential admission to the medical courses. the true test being not the claim of nativity by descent, but by their residence and their continued education within the state, culminating with the appearance in the qualifying examination within the state, establishing the real bonding and true integration into the local environment. this raises a valid presumption that they would continue working, after qualifying, in the locality, serving the people of 368 [2025] 9 s.c.r. supreme court reports the state. the respondents-students, however, urge that the definition of local candidate itself is gross and does not reckon the vagaries of life and employment of the parents, which takes the children away from the state, whose roots remain all the same within the state. 4. the state counters that the definition has been molded in such a manner as to.....
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.....the house of the appellant which could be viewed by anybody – it was indeed a place within public view – there is no gainsaying that in the facts of the case all ingredients necessary to prima facie constitute offences u/s.3 of the scheduled caste and scheduled tribe act, 1989 as alleged in the fir stood satisfied. [paras 6, 6.1, 7.1, 8] case law cited state of m.p. & anr. v. ram krishna balothia & anr. [1995] 1 scr 897 : (1995) 3 scc 221; vilas pandurang pawar v. state of maharashtra [2012] 8 scr 270 : (2012) 8 scc 795; prathvi raj chauhan v. union of india [2020] 2 scr 727 : (2020) 4 scc 727 – relied on. kartar singh v. state of punjab [1994] 2 scr 375 : (1994) 3 scc 569; hitesh verma v. state of uttarakhand [2020] 9 scr 593 : (2020) 10 scc 710; ramesh chandra vaish v. state of u.p. [2023] 6 scr 643 : 2023 scc online sc 668; shajan skaria v. the state of kerala & anr. [2024] 8 scr 1086 : 2024 scc online sc 2249; karuppudayar v. state rep. by the deputy superintendent of police, lalguid trichy & ors. [2025] 1 scr 1381: 2025 scc online sc 2015; swaran singh & ors. v. state through standing counsel & anr. [2008] 12 scr 132 – referred to. [2025].....
Tag this Judgment! Ask ChatGPTReported in : [2025]9S.C.R.178
.....the family court was appropriate – correctness: held: decree of divorce affirmed – determination of alimony requires consideration of multiple factors – it is evident from the material on record that the respondent has the capacity to pay a higher amount than that awarded by the family court – at the same time, although the appellant claims to be unemployed, she is highly qualified and has the ability to earn and sustain herself – she is not in a state of acute economic deprivation – a balanced approach, weighing the respondent’s capacity and the appellant’s needs, must therefore be adopted – considering the evidence on record, this court finds it just and equitable to enhance the permanent alimony to rs.50,00,000/- as a one-time settlement – this amount will reasonably secure the appellant’s future and ensure a standard of living commensurate with her circumstances. [paras 9, 10] list of acts hindu marriage act, 1955. * author [2025] 9 s.c.r. 179 m.v. leelavathi v. dr. c.r. swamy @ dr. c.r. kumara swamy list of keywords permanent alimony; determination of alimony; capacity to pay higher amount; ability to sustain; ability to earn; economic deprivation;.....
Tag this Judgment! Ask ChatGPTReported in : [2025]9S.C.R.194
.....charges u/ss.302, 120b, and 34 ipc reflecting a mechanical exercise of discretion, marked by significant omissions of legally relevant and material facts – the allegation is of a brutal and custodial murder of a young man who was allegedly kidnapped, tortured, and beaten to death by the accused – this is not a case of sudden provocation or emotional outburst – evidence indicates a pre-meditated and orchestrated crime where the accused also engaged in systematic destruction of evidence – granting bail in such a serious case, without adequate consideration of the nature and gravity of the offence, the accused’s role and the tangible risk of interference with the trial, amounts to a perverse and wholly unwarranted exercise of discretion – by treating a2’s stature as a mitigating factor, the high court committed a manifest perversity in the exercise of its discretion, warranting cancellation of bail – furthermore, the well-founded allegations of witness intimidation, * author [2025] 9 s.c.r. 195 state of karnataka v. sri darshan etc. coupled with compelling forensic and circumstantial evidence, further reinforce the necessity for cancellation of bail – also, the.....
Tag this Judgment! Ask ChatGPTReported in : [2025]9S.C.R.151
.....court allowed the appeal filed by the respondent-wife and set aside the decree of divorce granted by the family court on 17.10.2016. 3. the relevant facts, briefly stated, are as follows: 3.1. the marriage between the appellant-husband and the respondent-wife was solemnized on 15.02.2009. shortly thereafter, the parties relocated to the united states of america, where the appellant-husband was employed. [2025] 9 s.c.r. 153 a. ranjithkumar v. e. kavitha 3.2. a son was born to the parties on 07.04.2010. 3.3. on 26.09.2012, the appellant-husband instituted a divorce petition bearing h.m.o.p. no. 197 of 2012 (later renumbered as f.c.o.p. no. 245 of 2014) under sections 13(1)(ia) and (ib) of the hindu marriage act, 1955, seeking dissolution of marriage on the grounds of cruelty and adultery. 3.4. the family court, by its order dated 17.10.2016, granted a decree of divorce on the ground of cruelty. the allegation of adultery was not found to be proved. 3.5. aggrieved by the said decree, the respondent-wife filed civil miscellaneous appeal no. 2678 of 2017 before the high court on 11.01.2017. although notice was directed to be issued on 14.02.2017, the same remained unserved upon the.....
Tag this Judgment! Ask ChatGPTReported in : [2025]9S.C.R.156
.....(2) of section 7 alone. 10. after having heard the learned counsel for both the parties, submissions of learned amicus, and on perusal of the facts and material placed before us in the present case, the moot question that falls for our consideration is ‘whether applications filed under sections 7(1) and (2) of the wbpt act by the tenant without deposit of rent after lapse of statutory period of thirty days, along with an application under section 5 of the limitation act, rejected by court of small causes as not entertainable, confirmed by the high court is justified?’ 11. for appreciating the question as posed in detail, the provisions of section 7 of the wbpt act which are relevant for determination of the same are required to be noted and examined and therefore, we reproduce them hereinbelow: “7. when a tenant can get the benefit of protection against eviction. (1) (a) on a suit being instituted by the landlord for eviction on any of the grounds referred to in section 6, the tenant shall, subject to the provisions of sub-section (2) of this section, pay to the landlord or deposit with the civil judge all arrears of rent, calculated at the rate at which it was last.....
Tag this Judgment! Ask ChatGPTReported in : [2025]9S.C.R.137
.....to issue any further ancillary directions concerning the arbitration proceedings that have commenced pursuant to appointment of the arbitrator? 3. facts relevant for considering the aforesaid questions are that on 20.06.2015, an oral family settlement was entered into between members of the gupta family, namely pawan gupta and kamal gupta (hereinafter referred to as ‘pg’ and ‘kg’). the said oral agreement was said to be reduced in a memorandum of understanding /family settlement deed (hereinafter referred to as ‘the mou/fsd’) dated 09.07.2019. this mou/fsd was not signed by rahul gupta, son of kg (hereinafter referred to as ‘rg’). proceedings under section 11(6) of the arbitration and conciliation act, 1996 (hereinafter referred to as ‘the act’) were filed by pg and another against kg and others seeking appointment of a sole arbitrator for adjudicating disputes between the parties under the mou/fsd. in the proceedings filed under section 11(6) of the act, an application for intervention being i.a. no.13282 of 2023 was filed by rg, a non-signatory, seeking [2025] 9 s.c.r. 141 kamal gupta & anr. v. m/s l.r builders pvt. ltd. & anr. etc. permission to.....
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