Supreme Court Case Commentaries

No “Pay and Recover” Without Pleaded and Proved Willful Breach: Owner’s Production of Licence and Driver’s Non‑appearance Do Not Establish Collusion

Date: Oct 8, 2025

No “Pay and Recover” Without Pleaded and Proved Willful Breach: Owner’s Production of Licence and Driver’s Non‑appearance Do Not Establish Collusion Introduction In Hind Samachar Ltd. (Delhi Unit) v....

No Notional Aggregation for OSR; Pre‑1975 Sub‑divisions Recognized; OSR Charges Nil for Plots under 3000 m²

Date: Oct 8, 2025

No Notional Aggregation for OSR; Pre‑1975 Sub‑divisions Recognized; OSR Charges Nil for Plots under 3000 m² Case: Chennai Metropolitan Development Authority v. Dr. Kamala Selvaraj, 2025 INSC 1200...

Guardrails on Inherent Powers under BNSS: No Recall/Review Save for Clerical Errors; Successive Petitions Barred After Withdrawal Without Liberty

Date: Oct 8, 2025

Guardrails on Inherent Powers under BNSS: No Recall/Review Save for Clerical Errors; Successive Petitions Barred After Withdrawal Without Liberty Introduction In State of Rajasthan v. Parmeshwar...

No Death Penalty Without Due Process: Supreme Court’s Fair‑Trial Protocols and Forensic Integrity in Capital Cases — Commentary on Dashwanth v. State of Tamil Nadu (2025 INSC 1203)

Date: Oct 8, 2025

No Death Penalty Without Due Process: Supreme Court’s Fair‑Trial Protocols and Forensic Integrity in Capital Cases Commentary on: Dashwanth v. State of Tamil Nadu, 2025 INSC 1203 (Supreme Court of...

Supreme Court bars State‑specific past performance criteria in public procurement: A commentary on Vinishma Technologies Pvt. Ltd. v. State of Chhattisgarh (2025 INSC 1182)

Date: Oct 8, 2025

State‑Specific Past Performance as Tender Eligibility Is Unconstitutional: Supreme Court Reaffirms Level Playing Field in Public Procurement Case: Vinishma Technologies Pvt. Ltd. v. State of...

Exceptional-Case Doctrine for Unconditional Stay of Money Decrees: Supreme Court clarifies directory nature of Order XLI Rule 1(3) CPC and the scope of Rule 5

Date: Oct 8, 2025

Exceptional-Case Doctrine for Unconditional Stay of Money Decrees: Supreme Court clarifies directory nature of Order XLI Rule 1(3) CPC and the scope of Rule 5 Introduction In Lifestyle Equities C.V....

From Presence to Participation: Supreme Court Clarifies Section 149 IPC and FIR Gatekeeping in Zainul v. State of Bihar (2025 INSC 1192)

Date: Oct 8, 2025

From Presence to Participation: Supreme Court Clarifies Section 149 IPC and FIR Gatekeeping in Zainul v. State of Bihar Introduction This commentary examines the Supreme Court of India’s decision in...

Proving Hiba Requires Contemporaneous Possession; Appellate Enlargement Without Cross‑Appeal Impermissible; Constructive Notice Triggers Limitation for Declaratory Suits

Date: Oct 8, 2025

Proving Hiba Requires Contemporaneous Possession; Appellate Enlargement Without Cross‑Appeal Impermissible; Constructive Notice Triggers Limitation for Declaratory Suits Case: Dharmrao Sharanappa...

Section 106 Cannot Bridge Foundational Gaps in Circumstantial Cases: Supreme Court Clarifies Co-residence Threshold and Permits Defence Reliance on Unexhibited Prosecution Records

Date: Oct 8, 2025

Section 106 Cannot Bridge Foundational Gaps in Circumstantial Cases: Supreme Court Clarifies Co-residence Threshold and Permits Defence Reliance on Unexhibited Prosecution Records Introduction In...

Repudiation by Conduct under Section 8 HMG Act: Supreme Court Clarifies Minors Need Not Sue to Avoid Guardian’s Unauthorized Transfer; Avoidance Relates Back; Plaintiff Must Prove Title Personally

Date: Oct 8, 2025

Repudiation by Conduct under Section 8 of the Hindu Minority and Guardianship Act: Supreme Court Clarifies Minors Need Not Sue to Avoid Guardian’s Unauthorized Transfer; Avoidance Relates Back;...

Transfer-on-Incorporation Doctrine: Consumables used in works contracts are taxable once property passes on application — Supreme Court in Aristo Printers v. Commissioner of Trade Tax, U.P. (2025 INSC 1188)

Date: Oct 8, 2025

Transfer-on-Incorporation Doctrine: Consumables used in works contracts are taxable once property passes on application — Supreme Court in Aristo Printers v. Commissioner of Trade Tax, U.P. (2025...

Only the Discovery Speaks: Supreme Court Reaffirms Limits of Section 27 Evidence Act and the High Threshold for Reversing Acquittals — Rajendra Singh v. State of Uttarakhand (2025)

Date: Oct 8, 2025

Only the Discovery Speaks: Supreme Court Reaffirms Limits of Section 27 Evidence Act and the High Threshold for Reversing Acquittals — Rajendra Singh v. State of Uttarakhand (2025) Introduction In...

Public Trust Doctrine Extends to Man‑Made Waterbodies; ‘Wetland’ under 2017 Rules Excludes Man‑Made Irrigation/Drinking Tanks; Courts May Apply the Spirit of Rule 4 to NWIA‑Mapped Lakes

Date: Oct 8, 2025

Public Trust Doctrine Extends to Man‑Made Waterbodies; ‘Wetland’ under 2017 Rules Excludes Man‑Made Irrigation/Drinking Tanks; Courts May Apply the Spirit of Rule 4 to NWIA‑Mapped Lakes Case Overview...

Substance over Form in Reversing Acquittals and the Primacy of Injured Eyewitness Testimony: Commentary on Sri Chikkegowda v. State of Karnataka

Date: Oct 8, 2025

Substance over Form in Reversing Acquittals and the Primacy of Injured Eyewitness Testimony: Commentary on Sri Chikkegowda v. State of Karnataka I. Introduction The Supreme Court’s decision in Sri...

Equitable Compensation in Lieu of Specific Performance Necessarily Entails Surrender of Possession: Commentary on Prem Aggarwal v. Mohan Singh (2025 INSC 1214)

Date: Oct 8, 2025

Equitable Compensation in Lieu of Specific Performance Necessarily Entails Surrender of Possession: Commentary on Prem Aggarwal v. Mohan Singh (2025 INSC 1214) I. Introduction The judgment of the...

Circumstantial Conviction Cannot Rest on FIR Omissions, Unreliable Dock Identification, Weak Last-Seen Evidence and Neutral Forensics

Date: Oct 7, 2025

Circumstantial Conviction Cannot Rest on FIR Omissions, Unreliable Dock Identification, Weak Last-Seen Evidence and Neutral Forensics Introduction In NAZIM v. THE STATE OF UTTARAKHAND, the Supreme...

No Surprise Adverse Directions in Writ Proceedings: A Petitioner Cannot Be Made Worse Off Without Notice

Date: Oct 7, 2025

No Surprise Adverse Directions in Writ Proceedings: A Petitioner Cannot Be Made Worse Off Without Notice Introduction In P. RADHAKRISHNAN v. COCHIN DEVASWOM BOARD, the Supreme Court of India...

State-Specific Past Performance Conditions in Public Tenders Are Unconstitutional Without Rational Nexus

Date: Oct 7, 2025

State-Specific Past Performance Conditions in Public Tenders Are Unconstitutional Without Rational Nexus Introduction In VINISHMA TECHNOLOGIES PVT. LTD. v. STATE OF CHHATTISGARH, the Supreme Court of...

Equal Treatment Is Non‑Negotiable: Supreme Court sets aside arbitral award for asymmetric waiver of contractual notices and rewriting milestone preconditions (SEPCO v. GMR Kamalanga, 2025 INSC 1171)

Date: Oct 2, 2025

Equal Treatment Is Non‑Negotiable: Supreme Court sets aside arbitral award for asymmetric waiver of contractual notices and rewriting milestone preconditions Case: SEPCO Electric Power Construction...

Reaffirmation of strict evidentiary thresholds in circumstantial murder cases: Section 65-B compliance, limits of Section 27, and caution on delayed “last seen” evidence — State of Rajasthan v. Bhanwar Singh, 2025 INSC 1166

Date: Oct 2, 2025

Reaffirmation of strict evidentiary thresholds in circumstantial murder cases: Section 65-B compliance, limits of Section 27, and caution on delayed “last seen” evidence — State of Rajasthan v....