Supreme Court Monthly Digest | August 2025
Supreme Court Judgments August 2025
1. Supreme Court Rejects Juvenility Based on School Certificate, Heres Why [Suresh v. State of Uttar Pradesh & Anr.]
Juvenile Justice - Determination of Age - Juvenile Justice (Care and Protection of Children) Act, 2000 and Rules, 2007 - Supreme Court held that juvenility must be determined under the applicable statute and rules, but courts may examine additional material in appropriate cases - School certificates based only on parental oral statements without supporting documents held unreliable - Findings of Allahabad High Court and Sessions Court set aside.
2. Once Cognizance Is Taken, Courts Have a Duty to Summon All Prima Facie Offenders: SC [Kallu Nat @ Mukesh Kumar Nagar Vs State of UP And Anr.]
Criminal Procedure - Section 193 CrPC, 1973 - Cognizance of offence - Power and duty to summon - Supreme Court held that once a Magistrate or Sessions Court takes cognizance, it not only has the power but also the duty to summon any person who appears prima facie guilty on the basis of material on record - Such power extends even to those not charge-sheeted by the police if their complicity emerges from evidence.
3. Absence Of Medical Evidence Won't Weaken Rape Case, If Survivor's Version Creditworthy: SC [Deepak Kumar Sahu Vs State of Chhattisgarh]
Criminal Law - Rape - Evidentiary value of victim’s testimony - Supreme Court held that absence or insufficiency of medical evidence does not weaken the prosecution case where the survivor’s testimony is credible - Sole testimony of the victim, supported by attendant circumstances, is sufficient to uphold conviction - Conviction and sentence affirmed.
4. Incestuous Sexual Violence Is Not Just a Personal Betrayal but an Institutional One, Says Supreme Court While Upholding Life Term [Bhanei Prasad @ Raju Vs State of Himachal Pradesh]
Criminal Law - Section 376 IPC, 1860 - Section 506 IPC, 1860 - Section 6 POCSO Act, 2012 - Incestuous sexual violence - Supreme Court upheld life sentence of father for repeatedly raping 10 year old daughter - Held that incest is one of the gravest forms of familial betrayal, amounting not only to a crime against the child but also a collapse of the institution of family - Reinforced zero-tolerance stance towards sexual offences within the home.
5. Supreme Court acquits mother in case of killing two children [Shail Kumari Vs State of Chhattisgarh]
Criminal Law - Section 302 IPC, 1860 - Degree of proof - Proof beyond reasonable doubt - Kinds of witnesses - Neither wholly reliable nor wholly unreliable - Supreme Court held Conviction based on conjectures and surmises - Appeal allowed - Conviction set aside.
6. SC Raps Allahabad HC for Ignoring Settled Law on Suspension of Sentence in Fixed-Term Conviction [Aasif @ Pasha v. State of U.P. & Ors.]
Criminal Procedure - Suspension of Sentence - Fixed term imprisonment - Supreme Court held that appellate courts must liberally consider pleas for suspension of sentence in cases of fixed-term imprisonment, barring exceptional circumstances - Failure to do so renders statutory right of appeal illusory - Allahabad High Court’s order rejecting plea set aside.
7. Weapon Recovery Flaws, Family Rift Lead SC to Acquit Murder Convict After 26 Years [Shyam Kali Dubey v. State of Madhya Pradesh]
Criminal Prosecution - Section 302 IPC - Murder - Acquittal after 26 years - Supreme Court held conviction unsustainable due to lapses in recovery of alleged weapon, unexplained injuries to victim’s parents, and existence of partition dispute casting doubt on prosecution - Life sentence of appellant set aside.
8. Do High Courts & Sessions Courts Have Concurrent Powers to Grant Anticipatory Bail? Supreme Court says yes [Manjeet Singh v. State of Uttar Pradesh]
Criminal Prosecution - Anticipatory Bail - High Court and Sessions Court have concurrent jurisdiction - Section 482 CrPC, 1973 - Not mandatory to Approach Sessions Court first.
9. Confessional FIR Admissible Only for Narrow Purposes, Not as Sole Basis for Conviction: SC [Narayan Yadav v. State of Chhattisgarh]
Criminal Prosecution - Confessional FIR - Legal Status and Enforceability - FIR lodged by accused cannot be used against him except for limited purposes - Section 8 & 27 Evidence Act, 1872 - Conviction set aside.
10. Can Owners Claim No-Fault Compensation Under Section 163A MV Act? Supreme Court Sends To Larger Bench [Wakia Afrin (Minor) vs M/s National Insurance Co Ltd.]
Motor Vehicles Act, 1988 - Divergence noted on scope of Section163A - Past rulings confined insurer's liability to third parties - Issue referred to larger bench.
11. SC Enhances Compensation in NRI Accident Death Case, Applies ‘Future Prospects’ Rule [Kulwinder Kaur & Ors vs Prashant Sharma & Anr.]
Motor Vehicles Act, 1988 - Motor Accident Claim - Section166 MV Act - Reliance on Pranay Sethi Ruling - Future prospects for NRI self-employed - SC applies 40% addition- Compensation enhanced.
12. Supreme Court says 50 percent limit on women’s recruitment in Army JAG branch violates right to equality [Arshnoor Kaur & Anr vs The Union of India & Ors.]
Service Law - Army JAG Recruitment, Art. 14 - Whether women can be capped at 50% of vacancies despite higher merit - Male and female JAG officers form one cadre with identical conditions - Gender cap violates equality; selection must be merit-based.
13. Supreme Court Orders BCI Probe into “Ghost Lawyer” Appearances Leading to Dubious Property Dispute Settlement [Bipin Bihari Sinha @ Bipin Prasad Singh v. Harish Jaiswal]
Professional Misconduct - BCI Act, Advocates Act, 1961 - Allegation of “ghost lawyers” securing forged settlement in property dispute - SC directs BCI to inquire into false representation, forged agreement and advocates’ role.
14. Pre-Independence Documents Hold More Weight Than 'Affinity Test' for Scheduled Tribe Status: SC [Yogesh Madhav Makalwad Vs The State of Maharashtra & Ors]
Constitutional Law - Scheduled Tribes Recognition - Article 342 - Whether affinity test is essential for ST status - Affinity test not mandatory; greater probative value to pre-Independence documents; inability to recall tribal customs not sole ground for rejection - Appeal allowed.
15. After Divorce, Should Criminal Cases Continue? Supreme Court Says No in 'Appropriate Cases' [Navneesh Aggarwal & Others v. State of Haryana & Another]
Criminal Prosecution - Sections 323, 406, 498A, 506 IPC - Whether FIRs arising from past matrimonial relationship can continue post divorce - Where parties have settled and ex-spouse has no objection, proceedings can be quashed to prevent harassment - Appeal allowed.
16. SC Restores Dowry Case, Says High Court Ignored Clear Evidence Against Groom’s Family [Krishnakant Kwivedy & Another v. State of Chhattisgarh & Others]
Criminal Prosecution - Dowry Prohibition Act, 1961- Section 482 CrPC – Whether High Court can quash case with clear date based dowry allegations - Quashing was erroneous; SC restores proceedings against groom’s father, mother and brother – Appeal allowed.
17. NCLAT Cannot Dispense with Mandatory Filing of Certified Copy of Impugned Order: SC [Ashdan Properties Pvt. Ltd. and Others v. DSK Global Education and Research Pvt. Ltd. and Another]
Company Law - Appellate Procedure - Rule 22(2) NCLAT Rules, 2016 - Whether NCLAT can dispense with filing of certified copy of impugned order - Requirement is mandatory; tribunal cannot waive statutory mandate - NCLAT judgment set aside.
18. SC Upholds Conviction of Ludhiana Jail Officer in 2010 Escape Plot [Gurdeep Singh v. The State of Punjab]
Criminal Prosecution - Section 307, 120B IPC - Jail officer’s role in 2010 escape plot - Conviction and sentence upheld; appeal dismissed; accused to undergo remaining sentence.
19. Why Sushil Kumar is Back in Jail: Supreme Court's Crucial Reasoning [Ashok Dhankad v. State of NCT of Delhi & Anr.]
Criminal Prosecution - Bail Jurisprudence Article 21 - Whether serious offence accused entitled to bail despite risks - Liberty cannot override gravity of crime, risk of influence and public confidence - Delhi HC bail to Sushil Kumar set aside.
20. Parallel proceedings can’t be initiated by tax administration under GST regime: SC [M/s Armour Security (India) Ltd Vs Commissioner, CGST, Delhi East Commissionerate & Anr.]
Taxation - Sec. 6(2)(b) CGST Act, 2017 (pari materia in SGST Acts) - Whether parallel proceedings permissible when one tax authority initiates enforcement - Bar applies; only one authority may proceed on same subject matter
21. Can an accused’s explanation help avoid conviction in corruption cases? Supreme Court answers [Mini Vs CBI/SPE Cochin]
Criminal Prosecution - Prevention of Corruption Act; Sec. 313 CrPC - Proof of illegal gratification demand possible through circumstances even if complainant turns hostile - However, accused’s explanation under S.313 must be given due weight - Plausible defence may justify acquittal.
22. 'No vestige of matrimonial relationship,' SC dissolves marriage on payment of Rs 1.25 Cr as permanent alimony [A Renjithkumar Vs E Kavitha]
Family Law - Hindu Marriage Act, 1955 - Article 142 - Whether marriage can subsist after 15 yrs separation, failed mediation & spouse remarried - No vestige of matrimonial relationship; marriage dissolved; husband directed to pay Rs. 1.25 cr as permanent alimony.
23. Provisional Attachment under CGST Act Cannot Be Used as Recovery Measure: SC [Kesari Nandan Mobile v. Office of Assistant Commissioner of State Tax (2), Enforcement Division–5]
Taxation Law - Section 83, CGST Act, 2017 - Scope of provisional attachment - Provisional attachment is a protective mechanism, not a recovery tool - Authorities cannot issue successive/renewed attachment orders once the one year period under S. 83(2) lapses - Issuance of fresh order after expiry impermissible - Gujarat HC ruling set aside.
24. Can an extra judicial confession alone convict an accused in India? Supreme Court clarifies [Shanti Devi Vs State of Haryana]
Criminal Prosecution - Evidence Act, 1872 - Extra-judicial confession - Evidentiary value - Extra-judicial confession is a weak form of evidence and cannot, without corroboration, form the sole basis of conviction - Prosecution failed to establish any incriminating circumstance; forensic report negative; testimony regarding “last seen” and confessional statements unreliable - Conviction by trial court and Punjab & Haryana HC set aside - Accused acquitted.
25. Supreme Court Calls for Expert Appellate Body for Major Port Tariff Disputes [Paradip Port Authority v. Paradeep Phosphates Ltd.]
Regulatory Law - Major Port Authorities Act, 2021 - Tariff Authority for Major Ports (TAMP) - Appeals - Supreme Court recommends constitution of an expert appellate body to hear appeals against orders of TAMP/adjudicatory board - Fixation of port tariffs is a technical exercise involving financial and economic considerations; High Courts and Supreme Court not suitable as first appellate forums - Recommendation issued to make appellate remedy “more effective and meaningful.”
26. Supreme Court Sets Aside Bombay HC Order Reviving Appeal After Huge Delay [M/s Sethia Infrastructure Pvt. Ltd. v. Mafatlal Mangilal Kothari and Ors.]
Civil Procedure - Condonation of Delay - Restoration of Appeals - SC holds that inordinate delay in seeking restoration must be considered in light of possible third-party rights accrued during the intervening period - Such rights cannot be ignored while deciding applications for condonation/restoration - Bombay HC order condoning delay of 5,250 days and reviving decades old appeal set aside.
27. Supreme Court Raises Alimony to Rs. 50 Lakh, Affirms Divorce Decree in Matrimonial Dispute [M.V. Leelavathi v. Dr. C.R. Swamy @ Dr. C.R. Kumara Swamy]
Family Law - Divorce – Permanent Alimony - SC upheld decree of divorce but enhanced permanent alimony from Rs. 15 lakh to Rs. 50 lakh as one-time settlement - Held that just and equitable balance must be struck between husband’s earning capacity and wife’s long-term security - Appeal partly allowed on issue of financial relief.
28. 'Her Own Son Colluded With Plaintiff,' SC Condones 2112 Days Delay On Plea By Septuagenarian Woman [Methkupally Venkatamma v. M Padamma & Ors.]
Civil Procedure - Condonation of Delay - Partition Suit - SC condoned delay of 2,112 days in filing matter arising from suit for partition and separate possession - Plea by septuagenarian woman that her son colluded with plaintiffs and kept her unaware of review proceedings - Court directed review application to be heard on merits after notice to all parties.
29. Courts To Adopt Calibrated Approach Before Cancelling Mass Appointments: SC [Pawan Kumar Tiwary & Others v. Jharkhand State Electricity Board (Now Jharkhand Urja Vikas Nigam Ltd) & Others]
Service Law - Mass Appointments - Doctrine of Severability - SC held that where large-scale appointments are challenged on general grounds, courts/authorities must conduct a detailed fact specific inquiry before invalidating all appointments - Blanket cancellation orders without differentiation amount to mechanical application - Doctrine of severability to guide administrative action.
30. 'Mother Can’t Kill Her Infant': Supreme Court Acquits Woman in 2006 Filicide Case [Neelam Kumari Vs The State of Himachal Pradesh]
Criminal Prosecution - Murder - Filicide - Circumstantial Evidence - SC acquitted mother accused of throttling her infant son - Allegation contrary to natural maternal instinct; conduct of appellant in seeking immediate medical help inconsistent with guilt - Prosecution failed to prove case beyond reasonable doubt.
31. Dropped PILs Don’t Bar Fresh Litigation, Res Judicata Won’t Apply: SC [Satish Chandra Maharana & Ors Vs Union of India & Ors]
Constitutional Law - Public Interest Litigation - Res Judicata - SC held withdrawal of PIL ordinarily impermissible - Even if dismissed as withdrawn, such dismissal does not attract res judicata - Fresh litigation on same subject not barred - Orissa HC order set aside.
32. SC sets aside bail granted to murder accused for gathering evidence to prove innocence [Irfan vs. State of Uttar Pradesh & Anr]
Criminal Prosecution - Bail - Murder Accused - Grounds for Grant - SC set aside Allahabad HC order granting bail to accused on reasoning that custody hindered his defence - “Fair trial” considerations cannot justify release when serious charges are pending; HC’s approach erroneous.
33. Supreme Court Orders Regular Jobs for UP Daily Wagers: No More Denial Due to Budget Excuses [Dharam Singh & Ors v. State of Uttar Pradesh & Anr]
Service Law - Regularisation of Daily Wagers - Financial Constraints - Creation of Supernumerary Posts – SC directed U.P. to regularise long-serving daily wagers in Higher Education Services Commission - Budgetary limitations not a valid ground to deny regular employment where workers discharge perennial functions; appellants entitled to regularisation w.e.f. 24 Apr 2002, arrears to be paid till regularisation/retirement/death.
34. SC Clarifies Limitation In Arbitration: Clock Starts On Disposal Of Section 33 Plea [Geojit Financial Services Ltd. v. Sandeep Gurav]
Arbitration - Limitation - Sections 33 & 34(3), Arbitration and Conciliation Act, 1996 - SC clarified that limitation for filing application to set aside arbitral award runs from date of disposal of request under Sec. 33 (correction/interpretation), whether allowed or dismissed - Computation of limitation must rest on objective and determinable parameters, not hyper-technical or subjective standards.
35. SC Appoints Justice Chelameswar-Led SIT to Investigate Vantara Allegations [C R Jaya Sukin v. Union of India & Ors.]
Constitutional/Investigative Oversight - SIT Inquiry - Allegations of Animal Cruelty & Financial Irregularities – SC constituted Special Investigation Team headed by former SC judge Justice Jasti Chelameswar to probe allegations of unlawful procurement of animals, mistreatment in captivity, financial irregularities and money laundering at Vantara Centre, Jamnagar - SIT directed to commence inquiry forthwith and submit report by Sept 12, 2025.
36. Can Criminal Courts Review Their Own Judgments? Supreme Court Says No, With Limited Exceptions [Vikram Bakshi and Others v. R.P. Khosla and Another]
Criminal Procedure - Section 362 & Section 482 CrPC - Review/Alteration of Judgments - SC held that criminal courts are barred from altering or reviewing their own judgments except for narrowly defined statutory exceptions - Functus Officio - Prohibition under Section 362 is absolute and cannot be diluted by invoking inherent powers under Section 482.
37. Prolonged Cohabitation Raises Presumption of Marriage, Rules Supreme Court [Chowdamma (D) by LR and Another v. Venkatappa (D) by LRs and Another]
Family Law - Presumption of Marriage - Long Cohabitation - SC reiterated that prolonged cohabitation as husband and wife raises presumption of valid marriage - Presumption is rebuttable but can be displaced only by unimpeachable evidence - Burden lies on party challenging cohabitation to deprive relationship of legal sanctity - Any circumstance weakening presumption cannot be ignored.
38. Supreme Court: Proprietorship Is Not a Juristic Person, Can Be Sued but Cannot Sue [Dogiparthi Venkata Satish and Anr. v. Pilla Durga Prasad & Ors.]
Civil Procedure/Commercial Law - Proprietorship Concern - Legal Status - SC clarified that a proprietorship is merely a trade name of the individual carrying on business and is not a separate juristic person - Such concern has no independent legal identity apart from proprietor - A proprietorship cannot itself sue, but can be sued under CPC provisions.
39. No Child Abuse in Simple School Bag Hit, Says Supreme Court [Santosh Sahadev Khajnekar v. The State of Goa]
Criminal Prosecution - Child Abuse - Scope under Goa Children’s Act, 2003 - SC held that a simple blow with a school bag, absent evidence of deliberate or sustained maltreatment, does not constitute “child abuse” - Offence presupposes intention to cause harm, cruelty, exploitation, or ill treatment, going beyond a momentary act in a quarrel.
40. Matter of Personal Liberty Must Be Taken Up With Utmost Speed, Says SC as It Objects to 43 Adjournments of Bail Plea [Ramnath Mishra @ Ramanath Mishra Vs Central Bureau of Investigation]
Criminal Procedure - Bail - Right to Personal Liberty - Article 21- SC disapproved Allahabad HC adjourning bail plea 43 times - Reiterated that matters involving personal liberty must be dealt with expeditiously and without undue delay.
41. SC Restores and Enhances Compensation to Rs. 82.83 Lakh for Man in Vegetative State [Kavin v. P. Sreemani Devi & Ors.]
Motor Vehicles Act, 1988 - Compensation under Section 166 - SC set aside Madras HC order reducing compensation for victim in vegetative state - Held approach of HC unsustainable - Enhanced compensation to Rs. 82,83,866 for 100% permanent disability.
42. SC Acquits Two in 2012 Child Rape-Murder, Terms DNA Report Without Chain of Custody ‘Trash Paper’ [Putai v. State of Uttar Pradesh]
Criminal Prosecution - Rape and Murder of Minor - Evidentiary Value of DNA Reports – SC acquitted two accused convicted for rape and murder of a 12 year old girl - Held that prosecution’s failure to establish proper forensic evidence and absence of chain of custody fatally weakened case - DNA report treated as unreliable; conviction unsustainable.
43. SC Quashes NGT’s Rs. 50 Crore Fine on Industry, Says Penalty Must Have Nexus to Pollution [M/s C L Gupta Exports Ltd v. Adil Ansari & Ors.]
Environmental Law - Compensation and Judicial Discretion – SC quashed NGT order imposing Rs. 50 crore compensation and directing money laundering probe against industrial unit - Held that rule of law does not permit extracting a “pound of flesh” even in environmental cases; penalty must have nexus with actual damage - Courts/tribunals must avoid rhetoric and exercise discretion judiciously.
44. ‘Quite Shocking’: SC Seeks MP Govt Explanation on Convict’s 8-Year Overstay in Jail [Sohan Singh @ Bablu v. State of Madhya Pradesh]
Criminal Law - Illegal Detention / Sentence Overstay - SC took strong exception to a shocking lapse where a convict remained imprisoned for over 8 years beyond his 7 year sentence - Directed Madhya Pradesh Govt. to explain circumstances leading to unlawful incarceration - Held such violations of personal liberty are grave and unacceptable.
45. Sale Agreement Case: Supreme Court Says Expert Opinion Not Mandatory for Visible Interpolation [Syed Basheer Ahmed v. M/s Tinni Laboratories Private Limited & Anr.]
Civil Law - Specific Performance / Interpolation in Documents - SC held that courts are not obliged to refer documents to handwriting or forensic experts whenever interpolation is alleged - If alterations are self-evident, courts may independently assess authenticity - Upheld HC’s rejection of claim for specific performance of sale agreement found tainted by interpolation.