Sat. May 30th, 2026

Case Law Decoded

May 30, 2026

⚖️ WEEK 3: May 18–24, 2026

Supreme Court of India

Criminal Intimidation via Intimate Video Threat Upheld Without Recovery of Device: The Supreme Court upheld the conviction of a man for criminal intimidation under Sections 503 and 506 IPC for threatening to upload intimate images/videos of a woman with whom he had been in a long-term romantic relationship, holding that even in the absence of recovery of the alleged video or mobile phone, conviction can be sustained if the prosecutrix’s testimony inspires confidence and establishes a genuine apprehension of harm. The Bench also held that under Section 106 of the Evidence Act, “special knowledge” is not confined only to physical spaces like a home or closed room, but can extend to intimate relationships where only the parties involved are privy to what transpired. Vijayakumar v. State of Tamil Nadu (2026 INSC 525, May 22, 2026)

Multiple FIRs in Same Transaction Clubbed – Gurugram Real Estate Fraud: The Supreme Court reaffirmed that there cannot be multiple FIRs in respect of the same occurrence or transaction giving rise to cognizable offences, and ordered the clubbing of FIRs against the directors of a company in a real estate fraud case involving the ‘Brahma City’/’Krrish World’ project in Gurugram. Amit Katyal & Anr. v. State of Haryana (2026 INSC 509, May 18, 2026)

Amicus Must Get Adequate Time to Consult Convict: The Supreme Court directed compliance with directions issued in Anokhi Lal v. State of Madhya Pradesh (2019), mandating that the amicus must be afforded reasonable time to prepare the matter and an adequate opportunity to meet and confer with the accused/convict. Nandkishore Mishra v. State of Madhya Pradesh (2026 INSC 531, May 22, 2026)

Unregistered Will in Favour of Sister Upheld – Wife’s Exclusion Not Suspicious: The Supreme Court upheld the validity of an unregistered Will executed in favour of the testator’s sister, holding that mere exclusion of the wife and children from inheritance cannot by itself invalidate a Will in the absence of suspicious circumstances affecting its genuineness or due execution. The Court observed that the very object of a Will is to alter the normal line of succession, and a testator is legally entitled to distribute property according to his own wishes. Parvathi Nairthi (Dead) & Ors. v. Laxmi Nairthy (Dead) Through LRs. (2026 INSC 521, May 21, 2026)

High Court Cannot Grant Fresh Bail After SC Cancellation Without Changed Circumstances:  The Supreme Court held that a High Court cannot grant fresh bail to an accused whose earlier bail was cancelled by the Supreme Court unless the subsequent bail order discloses a material change in circumstances or fresh grounds not considered at the time of cancellation. Mohseen v. State of Uttar Pradesh (2026 INSC 526, May 22, 2026)

Inquest Report – Non-Mentioning of Accused Not Conclusive: The Supreme Court held that non-mentioning of the author of the crime in the inquest report cannot, by itself, be a reason to doubt the involvement of the accused who may be subsequently named. Bhagat Singh v. State of Uttar Pradesh (2026 INSC 527, May 22, 2026)

Adverse Inference When Party with Special Knowledge Stays Out of Witness Box: The Supreme Court upheld the Madras High Court’s dismissal of a suit challenging multiple sale deeds, reiterating that where a party possessing special knowledge of facts fails to enter the witness box, an adverse inference may legitimately be drawn against such party. Mallika v. R. Nallathambi (2026 INSC 529, May 22, 2026)

Cadre Restructuring – Employees Have No Vested Right to Promotion: The Supreme Court reiterated that employees do not possess a vested right or legitimate expectation to be promoted and that the Government, as appointing authority, is entitled to decide not to fill vacancies by promotion, especially where there is cadre restructuring and a change in recruitment policy. The applicable rules are those prevailing on the date consideration for promotion actually takes place, not the date the vacancy arose. State of Odisha v. Sreepati Ranjan Dash (2026 INSC 505, May 18, 2026)

MRTP Act – Landowners’ Right to TDR Cannot Be Waived by Contract: The Supreme Court reaffirmed that landowners surrendering land under Section 126(1)(b) of the Maharashtra Regional and Town Planning (MRTP) Act, 1966 are entitled to full statutory compensation, including additional Transferable Development Rights (TDR) for development of amenities on the surrendered land. The Court held that such entitlement cannot be defeated through contractual undertakings, executive conditions, allegations of delay, or claims of waiver.

UAPA – Bail Granted; SC Expresses “Serious Reservations” on Gulfisha Fatima Judgment: The Supreme Court, while granting bail to a narco-terror accused after 5 years in custody under UAPA, held that it harbours serious reservations on various aspects of the judgment in Gulfisha Fatima, signalling a possible reconsideration of that precedent.

Partition Act Order is a Deemed Decree for Execution: The Supreme Court held that in certain circumstances, an order made under Sections 2 to 4 of the Partition Act is also a deemed Decree within the meaning of Section 2(2) of the Code of Civil Procedure, allowing execution proceedings to proceed. Jennifer Messias v. Leonard G. Lobo (2026 INSC 502)

Husband Convicted for Wife’s Murder by Strangulation – Suicide Note Rejected: The Supreme Court upheld the conviction of a husband for murdering his wife by strangulation inside the matrimonial home, holding that the medical evidence, surrounding circumstances, the accused’s conduct, and the false defence through an alleged suicide note cumulatively formed an unbroken chain pointing solely towards his guilt. Chetan Dashrath Gade v. State of Maharashtra (2026 INSC 522, May 21, 2026)

High Courts

Delhi HC – Law Faculty Exam Rescheduled for Bakrid Students: Delhi University told the Delhi High Court that examinations for students of the Faculty of Law who are celebrating Eid-ul-Zuha (Bakrid) on May 28 shall be rescheduled to after July 4, 2026, after the court’s intervention in a student’s plea.

Madras HC – State to Consider Curative Petition in 7-Year-Old Rape-Murder Acquittal: The Tamil Nadu government told the Madras High Court that it intends to file a curative petition against the acquittal of Dashwanth, the sole accused in the rape and murder of a 7-year-old girl in Chennai in 2017, in a significant development concerning the limits of judicial review of acquittals.