Supreme Court

Supreme Court Differentiates Criminal Breach of Trust and Cheating

In a recent criminal appeal before the Division Bench of Justice J.B. Pardiwala and Justice Manoj Misra, the Supreme Court overturned the Allahabad High Court’s decision, which had dismissed the application by the Delhi Race Club (1940) to quash the summoning order issued by the Additional Chief Judicial Magistrate. The Bench allowed the appeal and […]

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SC Empowers High Courts with Four-Stage Framework for Quashing

In a significant move aimed at streamlining the process for quashing criminal proceedings, the Supreme Court of India has established a clear, four-step test for High Courts to follow when hearing petitions under Section 482 of the Criminal Procedure Code (CrPC), now Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). This landmark judgment provides

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Judicial Propriety Breached: SC Stays HC’s Bail Modification Orders

The Supreme Court bench of Justice J.K. Maheshwari and Justice Vipul M. Pancholi addressed an important question concerning judicial propriety and the scope of High Court jurisdiction when its orders are under challenge before the Supreme Court. Background : The present Special Leave Petition was filed on 24/03/2025 challenging the order of the High Court

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SC Restores FIR Quashing Plea : Draws Clear Line Between Article 226 & Section 528 BNSS

The Supreme Court, in a notable observation, clarified the scope of quashing FIRs or charge-sheets under different legal provisions, emphasizing the distinction between actions taken before and after cognisance of an offence. Justice Dipankar Datta who authored the ruling along with Justice Prashant Kumar Mishra, highlighted that while FIRs or charge-sheets can be quashed under

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Parents’ Last Wishes Prevail ; HC Cannot Frame New Questions Without Cogent Reasons : Reiterates SC

The Supreme Court of India Division Bench of Justice Ahsanuddin Amanullah and Justice SVN Bhatti, recently set aside a Kerala High Court judgment that had invalidated a registered joint will under Section 67 of the Indian Succession Act, 1925. The bench clarified the limits of the High Court’s jurisdiction under Section 100 of the Civil

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SC Sets Aside Bombay HC Order : Says Prima Facie Caste Atrocity Bars Anticipatory Bail

In a latest ruling, the Supreme Court has reiterated that anticipatory bail under Section 438 of the Code of Criminal Procedure is barred by Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, except where no prima facie offence under the Act is disclosed. The observation came while a Bench

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Child-Swapping Allegations Rock Hospital : SC Steps In After HC Refusal To Order FIR

Justice Manoj Kumar and Justice Ujjal Bhuyan of the Supreme Court are set to review a plea filed by parents who are seeking criminal proceedings against a hospital. The allegation centres on the hospital supposedly swapping their newborn boy with a girl immediately after delivery. This case challenges the decision of the Chhattisgarh High Court,

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Absconding Foreign Nationals Skipping Trial : SC Calls Out Legal Loopholes

When an individual accused of a serious offence is granted bail, the primary expectation is that they will appear for trial and participate in the legal process. However, complications arise when the accused is a foreign national who absconds and leaves the country. The Supreme Court recently dealt with such a situation, highlighting a significant

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Improbable Suicide? : SC Demands Proof Beyond Suicide Narrative in Bhopal Teen’s Death

In a pivotal move, the Supreme Court has raised a critical question in a case that the Madhya Pradesh Police have treated as a suicide: Is it even possible for a person to shoot himself in the chest with a rifle? The Court has now directed the State to file an affidavit confirming whether investigators

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SC Restores Conviction In POCSO Case : Calls HC’s Acquittal ‘Unsustainable’

The Supreme Court has set aside the acquittal and restored the conviction of two accused charged with S.376(2) of the Indian Penal Code, 1860 , and Sections 4 & 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 in a notable ruling. The bench of Justice Sanjay Kumar and Justice Satish Chandra

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