Every SC Judgement not binding on Lower Courts: SC
Every judgment is not meant to be a binding precedent, says the Supreme Court (SC) in NBCC (India) ltd. v The State of West Bengal & Others [2025 INSC 54].
Mere Mentioning of an Incorrect Provision of Law is not Fatal
The Supreme Court (SC) in Pruthvirajsinh N Jadeja(D) By Lrs. v Jayeshkumar Chhakaddasm Shah [2019 (9) SCC 533], says that it is a well settled law that mere mentioning of an incorrect provision is not fatal to the application if the power to pass such an order is available with the court.
Non-Recovery of Weapon not Fatal in Conviction
Non-recovery of weapon used in the commission of the offence is of no consequences at all when the circumstances in the case established beyond doubt that it was the accused who caused the death of the victim, despite no recovery of weapon, says the High Court of Kerala in Satheesh Babu v State of Kerala [2023:KER:78326].
Criminal Proceedings can be Quashed under Article 226
Normally, quashing of criminal proceedings would be sought and done in exercise of the inherent power of the High Court under Section 482 Code of Criminal Procedure Code, 1973 (CrPC).
But, that does not mean that it could not be done in invocation of the extraordinary power under Article 226 of the Constitution of India, says the Supreme Court ( SC) in Kim Wansoo v State of Uttar Pradesh & Others [2025 INSC 8].
HC must Quash Criminal Proceedings Which are Basically Civil in Nature
The Supreme Court says in Naresh Kumar & Anr. v The State of Karnataka & Anr [2024 INSC 196] that the High Court should not hesitate in quashing such criminal proceedings which are essentially of a civil nature.
Changing an Advocate by a Litigant in a Pending Case
A litigant has the right to change his advocate when he feels that the advocate engaged by him is not capable of espousing his cause efficiently or that his conduct is prejudicial to the interest involved in the case, or for any other reason, says the Supreme Court (SC) in R.D. Saxena v Balram Prasad Sharma on 22 August, 2000.
Mode of Prosecuting a Person on Perjury or Forgery in a Court u/s 340 CrPC
The prosecution of the offence of perjury or forgery coming under Section 195 Indian Penal Code, 1860 (IPC) as the part of judicial proceedings can be done by a special procedure provided under 340 of the Criminal Procedure code, 1973 (CrPC).
Preventive Detention Permissible only when Public Order is Disturbed
The Supreme Court, in Arjun s/o Ratan Gaikwad v The State of Maharashtra & Another [2024 INSC 968], says preventive detention is a harsh measure, which cannot be invoked against every alleged breach of peace. The power can be invoked only when the act of the proposed detainee had a tendency of disturbing "public order”.
SC again Cautions on the Misuse of 498A of IPC for Personal Vendetta
The Supreme Court (SC) cautions about the tendency to misuse provisions like Section 498-A Indian Penal Code(IPC) as a tool for unleashing personal vendetta against the husband and his family in Dara Lakshmi Narayana & Others v State of Telengana & Another [2024 INSC 953].
SC Guidelines on Handling Mercy Petitions & Execution
The Supreme Court (SC) Issued detailed procedural guidelines to be followed by the executive as well as the judiciary for handling mercy petitions and execution of death sentences so as to prevent delays in the process, in its judgement in State of Maharashtra and Others v Pradeep Yashwant Kokade and Another with Connected Case [ 2024 INSC 947].