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The Supreme Court of India has raised serious institutional concerns over what it described as a “growing trend” of reopening and overturning its own judgments before differently constituted benches. The remarks came during the hearing of a plea in a 2019 West Bengal murder case, and the Court warned that repeated reversals threaten judicial discipline, legal certainty, and the constitutional principle of finality in decision-making. Case Background: Plea by Anisur Rahman The observations were made while hearing a plea filed by Anisur Rahman, an accused in a 2019 murder case in West Bengal. Rahman sought modification of a bail condition that prohibited him from leaving Kolkata. A bench of Justices Dipankar Datta and A.G. Masih refused to modify the earlier bail order passed in January, noting that the new application was filed shortly after the judge heading the earlier bench had demitted office. The Court viewed this timing as an attempt to obtain a favorable outcome due to the c...

The Allahabad High Court has strongly criticised the functioning of Uttar Pradesh’s birth certificate issuance system, describing it as a “mess” and reflective of dishonesty operating at multiple administrative levels. The court’s observations came during the hearing of a writ petition that exposed the ease with which multiple birth certificates with conflicting details can be obtained in the state. Case Background: Two Birth Certificates, Two Different Dates of Birth Facts of the Petition The issue surfaced during the hearing of a writ petition filed by an individual named Shivanki . The Deputy Director of UIDAI, Regional Office, Lucknow, submitted documents that revealed the petitioner possessed two separate birth certificates , both issued by the Registrar of Births and Deaths, but: from two different authorities, and with two different dates of birth. Details of the Conflicting Certificates Certificate 1: Issued by: Primary Health Centre, Manauta Date of bir...

The Supreme Court of India has published a landmark institutional report titled “Judicial Conceptions of Caste” , marking the first systematic attempt by the judiciary to critically analyse how courts have spoken about caste over seven decades. Prepared by the Supreme Court’s Centre for Research and Planning (CRP), the report evaluates constitutional bench judgments on reservations, personal laws, and atrocities laws, highlighting the normative role of judicial language in shaping equality and social justice. Continuing Concern: Caste as a Constitutional Issue The report asserts that caste is not a historical artefact but a continuing constitutional concern , central to India’s equality jurisprudence. It argues that judicial vocabulary must reflect constitutional values, rejecting outdated or paternalistic terminology. Relevant Constitutional Provisions: Article 14 – Equality before law Article 15(4) & 15(5) – Special provisions for socially and educationally backward ...

Background of the Case The Allahabad High Court, in a recent ruling dated 7 November , declined to grant police protection to a couple claiming to be in a live-in relationship. The petition was filed by Sonam and her alleged partner (referred to as petitioner no. 2), who sought a writ of mandamus to restrain the woman’s husband and the police from interfering in their lives. The Court emphasized that the woman was still legally married under the Hindu Marriage Act , and therefore, the claimed “live-in relationship” could not be accorded legal protection. Court’s Key Observation: Freedom Cannot Override Legal Rights Freedom vs. Statutory Rights Justice Vivek Kumar Singh held that although an adult has autonomy over personal choices, including relationships, such autonomy is not absolute . The Court clarified that the right to personal liberty under the Constitution cannot be exercised to violate the statutory rights of another person . Quote from the judgment: “A spouse has sta...

Introduction: Judicial Scrutiny Over the Tribunal Reforms Act, 2021 The Supreme Court of India has raised serious concerns over the Tribunal Reforms Act, 2021 , questioning whether the reintroduction of previously struck-down provisions amounts to legislative overreach . The Court emphasized that while Parliament has the authority to enact reforms, such changes must respect prior judicial pronouncements. The case was heard by a Bench comprising Chief Justice of India (CJI) Bhushan R. Gavai and Justice K. Vinod Chandran , who were responding to petitions challenging the constitutional validity of certain provisions in the 2021 Act. Background: The Contested Provisions and Their History The Tribunal Reforms Act, 2021 was enacted barely four months after the Supreme Court had struck down similar provisions in the Tribunal Reforms (Rationalization and Conditions of Service) Ordinance, 2021 . The main points of contention include: Tenure : The Act prescribes a four-year tenure ...

Introduction: The Supreme Court’s Remark Sparks Debate The Supreme Court of India recently made headlines while hearing a petition filed by Hasin Jahan, the estranged wife of Indian cricketer Mohammad Shami, challenging the Calcutta High Court’s order granting her ₹4 lakh as monthly maintenance. The bench of Justices Manoj Misra and Ujjal Bhuyan, while issuing notice to Shami, observed that ₹4 lakh per month appeared to be “quite reasonable.” The remark has stirred public debate on the concept of maintenance under Indian law — how courts determine what is “reasonable,” and how such determinations balance lifestyle disparities between spouses. Background: Calcutta High Court’s Interim Maintenance Order The Calcutta High Court’s July 1 order fixed ₹1.5 lakh as monthly maintenance for Hasin Jahan and ₹2.5 lakh for the couple’s daughter, totaling ₹4 lakh. The division bench of the High Court later upheld this order on August 25, 2024. Before this, the trial court had ordered Shami ...

The Supreme Court of India, in a recent landmark judgment, has reaffirmed the interpretation of Section 108 of the Indian Evidence Act, 1872 , holding that a person who goes missing cannot be presumed dead on the date of disappearance. The presumption of death, according to law, arises only after the expiry of seven years , unless concrete evidence proves an earlier date of death. Facts of the Case The case originated from an appeal filed by the Nagpur Municipal Corporation against a Bombay High Court ruling that directed it to grant compassionate employment to the son of an employee, Gulab Mahagu Bawankule , who had gone missing on September 1, 2012 . The High Court had erroneously treated the date of disappearance as the date of death, thereby ordering compassionate appointment to the missing employee’s son. However, the Supreme Court, comprising Justices Pankaj Mithal and PB Varale , found this reasoning legally flawed. The Court clarified that, in the absence of proof regard...

Introduction In a politically charged development ahead of the upcoming Bihar Assembly elections, Janata Dal (United) candidate Anant Singh , a former MLA from Mokama, has been arrested in connection with the murder of Jan Suraaj campaigner Dularchand Yadav . The arrest followed a late-night joint operation by the Patna District Administration and Police , marking a serious law and order incident amid the enforcement of the Model Code of Conduct (MCC) . Background of the Case The case stems from a violent clash on October 30 , during the election campaign in Mokama , where Dularchand Yadav , a supporter of Jan Suraaj candidate Piyush Priyadarshi , was shot dead during a confrontation between rival political groups. According to police officials, stones were also pelted, leading to multiple injuries at the scene. The FIR, filed by the deceased’s grandson Neeraj Kumar , names Anant Singh , his nephews Karamveer and Ranveer , along with two others, as accused in the murder. Ar...

The Supreme Court of India has referred a significant legal question to a larger bench —how should the income of Indians working abroad be assessed for calculating compensation in road accident cases within India? This development comes amid conflicting judicial precedents on whether to calculate compensation based on the deceased’s full foreign income or to adjust it in line with Indian cost-of-living standards. Background of the Case: The Death of Hari Shankar Brahma The matter arose from an appeal filed by the family of Hari Shankar Brahma , a 27-year-old system analyst employed with Nihaki Systems Inc., New Jersey (USA) , who tragically died in a road accident in India in 2009. At the time of his death, he earned $47,050 per year (around ₹21 lakh) . His parents and siblings sought compensation before the Motor Accident Claims Tribunal (MACT) under the Motor Vehicles Act, 1988 . The Tribunal calculated compensation based on his US income with standard deductions, awarding ₹...

Introduction: A Novel Step Toward Linguistic Precision in Justice In a landmark administrative reform, the Supreme Court of India has launched an unprecedented initiative to address one of the judiciary’s long-standing challenges — the poor quality of English translations of judicial records originally written in Indian languages . Recognising the direct impact of inaccurate translations on the dispensation of justice, the apex court has decided to engage practising lawyers as translators . This move seeks to combine legal acumen with linguistic accuracy , ensuring that translations of pleadings, judgments, and other documents preserve the “true meaning and spirit” of the original records. Background: The Problem of Inaccurate Judicial Translations The problem of inaccurate translations has persisted for decades in the Indian judicial system. Many trial court records, particularly from lower courts in states where proceedings are conducted in regional languages, reach the Supreme...

Background of the Case The Karnataka High Court has directed the Bengaluru Police not to harass Ola Electric CEO Bhavish Aggarwal and other company officials in connection with a case registered under the Bharatiya Nyaya Sanhita (BNS) for abetment to suicide . The order came in response to a petition filed by Aggarwal , Ola Electric , and Subrat Kumar Dash , head of Vehicle Homologation, challenging the FIR filed against them after the death of a 38-year-old Ola Electric engineer , who allegedly died by suicide on September 28, 2025 . The High Court bench of Justice Mohammad Nawaz , in an order passed on October 17 , restrained the police from taking coercive action or harassing the petitioners “under the guise of investigation.” Facts of the Case The deceased, who worked as a Homologation Engineer at Ola Electric since 2022, allegedly consumed poison at his Bengaluru residence. After his death, his family discovered a 28-page handwritten note accusing senior company offi...

Supreme Court Restores Murder Conviction After 27 Years In a significant ruling reaffirming the importance of accountability in serious criminal offences, the Supreme Court of India has cautioned against adopting a “pedantic” or excessively rigid interpretation of the burden of proof principle in criminal jurisprudence. The apex court stressed that overemphasis on procedural rigidity could allow offenders in grave crimes to escape justice, thereby making “society the casualty.” The judgment came in a case involving the murder of a daughter-in-law, Pushpa , in Madhya Pradesh 27 years ago. The bench, comprising Justices Sanjay Kumar and Alok Aradhe , restored the conviction of the accused, Janved Singh , reversing the Madhya Pradesh High Court’s 2010 acquittal . Case Background: Dowry Death Disguised as Electrocution Pushpa, who was married to Mahesh Singh, was found dead in her home in December 1997 . Her father-in-law, Janved, reported to police that she had died of electrocuti...