ORDER XV RULE 5 CPC AND STRIKING OFF TENANT’S DEFENCE: SUPREME COURT REITERATES SAFEGUARDS AGAINST MECHANICAL EVICTION ORDERS

In a significant ruling concerning landlord-tenant disputes, the Supreme Court in Dharmendra Kalra & Ors. v. Kulvinder Singh Bhatia clarified that a tenant’s defence cannot be struck off mechanically under Order XV Rule 5 of the Code of Civil Procedure, 1908, without first determining whether the default in depositing rent was wilful or bona fide. The judgment is important because courts across India frequently deal with eviction suits where landlords seek striking off the tenant’s defence on the ground of delayed or non-payment of rent. The Supreme Court emphasized that such power, though available to courts, must be exercised cautiously and only after satisfying certain foundational requirements. A bench comprising Justice S.V.N. Bhatti and Justice Prasanna B. Varale delivered the ruling.

Continue ReadingORDER XV RULE 5 CPC AND STRIKING OFF TENANT’S DEFENCE: SUPREME COURT REITERATES SAFEGUARDS AGAINST MECHANICAL EVICTION ORDERS

RELIANCE KG-D6 GAS SUPPLY CASE: SUPREME COURT RULES UP CANNOT LEVY VAT ON INTER-STATE NATURAL GAS SALES

In a significant judgment impacting India’s energy sector and the interpretation of indirect tax laws, the Supreme Court of India has held that the supply of natural gas from the KG-D6 basin in Andhra Pradesh to buyers in Uttar Pradesh constitutes an inter-State sale under Section 3(a) of the Central Sales Tax Act, 1956 (CST Act). Consequently, the State of Uttar Pradesh cannot impose Value Added Tax (VAT) on such transactions. The decision came in the case of:

Continue ReadingRELIANCE KG-D6 GAS SUPPLY CASE: SUPREME COURT RULES UP CANNOT LEVY VAT ON INTER-STATE NATURAL GAS SALES

SUPREME COURT QUESTIONS INCLUSION OF CABINET MINISTER IN ELECTION COMMISSIONERS’ SELECTION PANEL: A DETAILED ANALYSIS OF DR. JAYA THAKUR V. UNION OF INDIA

The independence of the Election Commission of India (ECI) has once again come under intense judicial scrutiny. In a significant hearing before the Supreme Court, serious constitutional concerns were raised regarding the composition of the selection committee responsible for appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs) under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The matter, titled Dr. Jaya Thakur v. Union of India, has become one of the most important constitutional cases concerning electoral democracy and institutional independence in recent years. The bench comprising Justice Dipankar Datta and Justice Satish Chandra Sharma examined whether the 2023 legislation undermines the constitutional requirement of maintaining an independent Election Commission by allowing the executive to dominate the appointment process.

Continue ReadingSUPREME COURT QUESTIONS INCLUSION OF CABINET MINISTER IN ELECTION COMMISSIONERS’ SELECTION PANEL: A DETAILED ANALYSIS OF DR. JAYA THAKUR V. UNION OF INDIA

HOSTILE WITNESS TESTIMONY CAN SUPPORT ACQUITTAL TOO: SUPREME COURT SETS ASIDE MURDER CONVICTION IN TALARI NARESH V. STATE OF TELANGANA

The Supreme Court of India, in a significant judgment strengthening the principles of criminal jurisprudence and fair trial, has ruled that the testimony of a hostile witness cannot be selectively used only for convicting an accused person. Such testimony can equally be relied upon to discredit the prosecution case and support acquittal when it appears credible and trustworthy. In the case of Talari Naresh v. State of Telangana, a Bench comprising Justice Prashant Kumar Mishra and Justice N. V. Anjaria acquitted the appellant who had earlier been convicted for murder and offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Continue ReadingHOSTILE WITNESS TESTIMONY CAN SUPPORT ACQUITTAL TOO: SUPREME COURT SETS ASIDE MURDER CONVICTION IN TALARI NARESH V. STATE OF TELANGANA

WIFE’S PURSUIT OF CAREER CANNOT BE LABELLED AS CRUELTY: SUPREME COURT REINFORCES WOMEN’S AUTONOMY IN MARRIAGE

In a landmark judgment reaffirming constitutional values of equality and dignity within marriage, the Supreme Court of India recently held that a wife’s decision to pursue her professional ambitions cannot be treated as matrimonial cruelty merely because it may hurt the sentiments of the husband or his family. The decision came in the case of Ann Saurabh Dutt v. Lieutenant Colonel Saurabh Iqbal Bahadur Dutt, where the Court strongly criticized the “archaic” and “feudalistic” mindset that expects women to sacrifice their careers and individuality after marriage.

Continue ReadingWIFE’S PURSUIT OF CAREER CANNOT BE LABELLED AS CRUELTY: SUPREME COURT REINFORCES WOMEN’S AUTONOMY IN MARRIAGE

FRICTIONLESS RELATIONSHIP BETWEEN BAR & BENCH FURTHERS PURPOSE OF JUSTICE: SUPREME COURT REAFFIRMS INSTITUTIONAL HARMONY IN YATIN NARENDRA OZA V. SUO MOTU, HIGH COURT OF GUJARAT

The Supreme Court of India, in a significant judgment concerning the delicate relationship between the judiciary and the legal fraternity, recently closed the contempt proceedings initiated against senior advocate Yatin Narendra Oza while simultaneously emphasizing the indispensable need for mutual respect between the Bench and the Bar. In YATIN NARENDRA OZA V. SUO MOTU, HIGH COURT OF GUJARAT AND ANR., the Court observed that the judiciary and the legal profession are “two wheels of the chariot of justice,” and any friction between them has the potential to weaken public confidence in the justice delivery system itself.

Continue ReadingFRICTIONLESS RELATIONSHIP BETWEEN BAR & BENCH FURTHERS PURPOSE OF JUSTICE: SUPREME COURT REAFFIRMS INSTITUTIONAL HARMONY IN YATIN NARENDRA OZA V. SUO MOTU, HIGH COURT OF GUJARAT

S. 25 HINDU SUCCESSION ACT: SUPREME COURT HOLDS MURDER ACCUSED CANNOT INHERIT PROPERTY OF DECEASED

MANJULA & ORS. V. D.A. SRINIVAS The Supreme Court of India, in a significant ruling in Manjula and Others versus D.A. Srinivas, reaffirmed the foundational legal principle that no individual can benefit from his own wrongdoing. Interpreting Section 25 of the Hindu Succession Act, 1956 (“HSA”), the Court held that a person accused of murdering the deceased cannot claim inheritance rights over the deceased’s property, even in cases of testamentary succession through a Will.

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RAILWAYS HELD A ‘CONSUMER’ UNDER ELECTRICITY ACT, 2003: SUPREME COURT CLARIFIES SCOPE OF DEEMED DISTRIBUTION LICENSEE STATUS

In a significant judgment impacting the electricity and infrastructure sectors, the Supreme Court of India, in INDIAN RAILWAYS V. WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED & ORS., ruled that Indian Railways is a “consumer” under the Electricity Act, 2003, and not a “deemed distribution licensee.” Consequently, the Railways are liable to pay Cross-Subsidy Surcharge (CSS) and Additional Surcharge while procuring electricity through open access.

Continue ReadingRAILWAYS HELD A ‘CONSUMER’ UNDER ELECTRICITY ACT, 2003: SUPREME COURT CLARIFIES SCOPE OF DEEMED DISTRIBUTION LICENSEE STATUS

Order XIII-A CPC: Supreme Court Clarifies Scope of Summary Judgment in Commercial Suits

In a significant ruling strengthening procedural efficiency in commercial litigation, the Supreme Court of India has elaborated the scope and application of summary judgment under Order XIII-A of the Code of Civil Procedure, 1908 (CPC). The judgment underscores that courts must not hesitate to dispose of commercial disputes at the threshold where claims or defences lack real substance. By doing so, the Court aims to curb unnecessary trials, reduce judicial backlog, and ensure timely resolution of commercial disputes.

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‘REVENUE RECORDS DO NOT CONFER TITLE’: SUPREME COURT REAFFIRMS LIMITS OF REVENUE ENTRIES IN LAND OWNERSHIP DISPUTES

Land ownership disputes in India often revolve around revenue records, mutation entries, pahanies, jamabandi records, and tax receipts. In a significant judgment delivered on May 6, 2026, the Supreme Court of India once again clarified an important legal principle: revenue records are merely fiscal documents and do not confer ownership or title over land.

Continue Reading‘REVENUE RECORDS DO NOT CONFER TITLE’: SUPREME COURT REAFFIRMS LIMITS OF REVENUE ENTRIES IN LAND OWNERSHIP DISPUTES