| LABOUR AND INDUSTRIAL - Bombay HC: Housing Society Earning From Telecom Towers Isn't An 'Industry'; Staff Get No Gratuity |
| Tue, 06 Jan 2026 18:16:20 IST |
| Bombay High Court held that merely installing telecom antennas and employing staff does not make a cooperative housing society an 'industry' under the Industrial Disputes Act or an 'establishment' under the Maharashtra Shops & Establishments Act, clarifying staff are not entitled to gratuity. |
| CRIMINAL - Del HC: Security Guards Performing Duties Cannot Be Prosecuted For Wrongful Restraint or Molestation |
| Tue, 06 Jan 2026 18:16:10 IST |
| Delhi High Court quashed criminal proceedings against security guards accused of wrongful restraint and outraging modesty, holding that actions done bonafide while performing their official duties cannot be criminalized, as they were carried out in the lawful discharge of duty. |
| CRIMINAL - Delhi HC Absence of Formal Arrest under Section 311A Crpc Does Not Bar Giving Handwriting Samples |
| Tue, 06 Jan 2026 18:16:01 IST |
| Delhi High Court held that under Section 311A CrPC, the absence of a formal arrest does not prevent a Magistrate from directing a person to provide handwriting or signature samples for investigation or proceedings, clarifying the scope of the proviso in the section. |
| CIVIL - SC: Law Does Not Change With a New Bench; Decisions of a Coordinate Bench are Binding |
| Tue, 06 Jan 2026 18:15:51 IST |
| Supreme Court granted customs duty exemption to Adani Power for electricity from a Gujarat SEZ, while faulting the Gujarat High Court for violating stare decisis by ignoring a binding coordinate bench ruling, reiterating that the law cannot change with a change of bench. |
| CIVIL - SC: Under Order 1 Rule 10 CPC, the Plaintiff, as Dominus Litis, Cannot be Forced to Add a Defendant |
| Tue, 06 Jan 2026 18:15:42 IST |
| Supreme Court dismissed a plea to be added as a defendant, holding that the plaintiff, as master of the suit under Order 1 Rule 10 CPC, cannot be compelled to include a party against whom no relief is sought, reaffirming the principle that the plaintiff is dominus litis. |
| ARBITRATION - SC: Mere Participation in Arbitration Doesn't Bar Challenging Arbitrator; Waiver Must be in Writing |
| Tue, 06 Jan 2026 18:15:33 IST |
| Supreme Court ruled that participation in arbitration does not waive the right to challenge an arbitrator's eligibility, clarifying that any waiver must be expressly made in writing and rejecting the idea of a deemed waiver under Section 12(5) of the Arbitration & Conciliation Act, 1996. |
| CIVIL - Supreme Court Directs Measures to Prevent False and Frivolous Complaints Against Judicial Officers |
| Tue, 06 Jan 2026 18:15:24 IST |
| Supreme Court issued directions for High Courts on handling complaints against district judiciary officers, emphasizing the need to distinguish between false or frivolous complaints and those that are prima facie true, to ensure fair and proper action is taken. |
| CRIMINAL - SC: Terrorist Act under UAPA Includes Conspiracies to Disrupt Essential Supplies, Not Just Violence |
| Tue, 06 Jan 2026 18:15:14 IST |
| Supreme Court denied bail to Umar Khalid and Sharjeel Imam in the Delhi riots larger conspiracy case, observing they were prima facie the architects of the conspiracy, while granting bail to five others whose roles were merely facilitative. |
| CRIMINAL - Supreme Court: Gravity of Offence Cannot Defeat Speedy Trial; Pre-Trial Detention is Punishment |
| Tue, 06 Jan 2026 18:15:05 IST |
| Supreme Court held that the right to a speedy trial under Article 21 is not eclipsed by the gravity of the offence, observing that prolonged pre-trial incarceration without trial progress amounts to punishment, while granting bail to former Amtek Auto promoter Arvind Dham. |
| CIVIL - SC: Forfeiture of Earnest Money Impermissible When Both Buyer and Seller are at Fault |
| Tue, 06 Jan 2026 18:14:55 IST |
| Supreme Court held that forfeiture of earnest money is impermissible when both buyer and seller are at fault in performing the contract, as such forfeiture would unjustly enrich the seller. |
| SERVICE - P&H HC Cites Bhagavad Gita, Directs Regularisation of Daily Wage Workers For Public Good |
| Mon, 05 Jan 2026 17:56:42 IST |
| Punjab & Haryana High Court, citing the principle of Rajdharma, held that a welfare State cannot demand continuous service from workers while keeping them in perpetual insecurity and directed the regularisation of daily wage employees to ensure justice, fairness, and compassion. |
| CRIMINAL - Cal HC Orders Change of Prosecutor In 2021 Murder Case, Says Accused Cannot Be Detained Indefinitely |
| Mon, 05 Jan 2026 17:56:32 IST |
| Calcutta High Court held that an accused cannot be detained indefinitely, criticising the State for delay in a 2021 murder trial where the accused has spent over four years in custody and only one of 39 prosecution witnesses has been partly examined. |
| GOODS AND SERVICES TAX - J&K&L HC: GST Refund is a Vested Right and Cannot Be Curtailed by Retrospective 2019 Amendment |
| Mon, 05 Jan 2026 17:56:21 IST |
| Jammu and Kashmir and Ladakh High Court ruled that the 2019 GST amendment altering the limitation period for refund of unutilised input tax credit cannot be applied retrospectively to reject refund claims for periods before 1 February 2019. |
| ARBITRATION - AP HC Restores Arbitral Awards in Hindustan Shipyard Case, Allows Moderation of Exorbitant Damages |
| Mon, 05 Jan 2026 17:56:09 IST |
| Andhra Pradesh High Court set aside a trial court order quashing 13 arbitral awards against Hindustan Shipyard Limited, holding that arbitrators can moderate liquidated damages if they are exorbitant or if delays are attributable to both parties. |
| CRIMINAL - Chhattisgarh High Court Grants Bail to Chaitanya Baghel in Alleged Liquor Scam Case |
| Mon, 05 Jan 2026 17:55:59 IST |
| Chhattisgarh High Court has granted bail to Chaitanya Baghel, son of former Chief Minister and Congress leader Bhupesh Baghel, in two liquor scam cases linked to alleged liquor syndicate operations that reportedly took place between 2019 and 2023. |
| ARBITRATION - Bombay HC Restores IMAX's Enforcement of Foreign Awards Against E-City, Applying Res Judicata |
| Fri, 02 Jan 2026 17:15:57 IST |
| Bombay High Court recently revived IMAX Corporation's enforcement proceedings to execute foreign arbitral awards against E-City Entertainment (I) Pvt Ltd, ruling that res judicata applies even across different stages of the same enforcement petition. |
| CRIMINAL - J&K&L HC: Women Accused in Non-Bailable Offences Form a Distinct Class Beyond Sec 437 CrPC Rigour |
| Fri, 02 Jan 2026 17:15:46 IST |
| Reiterating that women accused of non-bailable offences form a distinct class warranting special consideration, the J&K&L HC granted bail to three women undertrials in a murder case, holding that courts should not be constrained by the rigour of Section 437 CrPC while deciding their bail pleas. |
| ARBITRATION - HP HC: Mere Interest in a Project Cannot Justify Impleading a Non-Signatory in Arbitration |
| Fri, 02 Jan 2026 17:15:36 IST |
| Himachal Pradesh High Court held that mere financial or consequential interest does not justify impleading a non-signatory in arbitration, emphasizing that only parties involved in negotiation, performance, or termination of the contract can be joined under Supreme Court tests. |
| CONSTITUTION - Madras HC: Preventive Detention Laws are Draconian, Cannot be Used to Curb Dissent or Settle Politics |
| Fri, 02 Jan 2026 17:15:24 IST |
| Madras High Court observed that preventive detention laws are draconian and must not be used to settle political scores or suppress dissent, emphasizing that authorities should exercise these powers sparingly and in good faith, with courts scrutinizing any misuse or abuse of such powers. |
| ELECTION - Bombay HC Conducts Emergency Hearing from CJ's Residence as Court Staff Deployed for Elections |
| Fri, 02 Jan 2026 17:15:14 IST |
| Bombay High Court held an emergency hearing at the Chief Justice's residence after the BMC Commissioner directed city court staff to report for two hours of election duty on December 30, prompting the court to proceed outside its usual premises. |
| CRIMINAL - J&K HC: Civil Remedy Alone Cannot Be Used To Quash Criminal Proceedings in Enso Tower Case |
| Wed, 31 Dec 2025 17:20:40 IST |
| J&K HC held that the existence of a civil dispute does not prevent criminal prosecution. The court refused to quash a 2020 theft FIR in the Enso Tower landlord-tenant dispute, noting the same facts may give rise to both civil and criminal remedies. |
| CRIMINAL - High Court Grants Bail to J&K Bank Manager in Multi-Crore Loan Fraud Case, Emphasizing Bail As Rule |
| Wed, 31 Dec 2025 17:20:21 IST |
| Jammu and Kashmir and Ladakh High Court granted bail to Jatinder Kumar, a J&K Bank manager, arrested in a large-scale loan fraud case investigated by the Crime Branch, Economic Offences Wing, Jammu, highlighting that bail is the norm and imprisonment should be an exception. |
| CRIMINAL - Kerala HC Denies Parole to Life Convict in TP Chandrasekharan Murder Case For Cousin's Funeral |
| Wed, 31 Dec 2025 17:20:07 IST |
| Kerala HC refused emergency parole to Jyothi Babu, a convict in the T.P. Chandrasekharan murder case, to perform his cousin's funeral rites. Babu, serving a life sentence for the 2012 politically motivated killing of RMP leader Chandrasekharan, remains in Kannur prison. |
| SERVICE - J&K&L High Court Invalidates Residence-Based Reservation, Citing Violation of Article 16 |
| Wed, 31 Dec 2025 17:19:53 IST |
| Jammu and Kashmir and Ladakh High Court struck down a clause in a High Court recruitment ad that limited eligibility for district cadre posts based on residence, ruling it unconstitutional for violating the principles of equality under Article 16. |
| CRIMINAL - Supreme Court Upholds Cancellation of Bail For Man Accused of Assault Causing Miscarriage |
| Wed, 31 Dec 2025 17:19:32 IST |
| SC upheld the Bombay HC cancellation of bail for a man accused of assaulting a nightclub employee in a lift, leading to her miscarriage. Noting the initial bail was granted on technical grounds, the Court directed him to surrender within a week and seek bail on merits before the trial court. |
| CRIMINAL - J&K High Court: Courts Must Not Halt Corruption Probes, Refuses to Quash FIR |
| Tue, 30 Dec 2025 17:54:38 IST |
| Reiterating that courts should not halt corruption probes at the threshold, the J&K HC dismissed a plea to quash an FIR against a former Assistant Regional Transport Officer, holding that the record shows sufficient grounds to suspect offences and no basis to invoke inherent jurisdiction. |
| CRIMINAL - J&K High Court: Right to Speedy Trial Includes Appeals; Closes 46-Year-Old Criminal Case Due to Delay |
| Tue, 30 Dec 2025 17:54:24 IST |
| Highlighting the human cost of prolonged criminal proceedings, the Jammu and Kashmir and Ladakh High Court closed a case stemming from a 1979 incident, holding that enforcing the remaining substantive sentence after decades of delay would serve no meaningful purpose. |
| CIVIL - Delhi High Court: No Construction or Residence Allowed on Yamuna Floodplains, Even For Graveyards |
| Tue, 30 Dec 2025 17:54:09 IST |
| Delhi High Court has ruled that construction or residential use on the Yamuna floodplains is impermissible, and such activity cannot be justified even on the ground of a graveyard or religious purpose. |
| GOODS AND SERVICES TAX - Delhi HC: Non-Proof of Hearing Notice Dispatch Doesn't by Itself Show no Personal Hearing Was Given |
| Tue, 30 Dec 2025 17:53:53 IST |
| Delhi High Court has ruled that the absence of documentary proof such as dispatch registers, postal receipts, or email records for a hearing notice does not, by itself, establish that the assessee was denied an opportunity of personal hearing. |
| CRIMINAL - J&K&L HC: Arbitral Tribunal Not a "Court"; Giving False Evidence Before it Doesn't Attract S.195 CrPC |
| Mon, 29 Dec 2025 17:24:35 IST |
| Jammu & Kashmir and Ladakh High Court held that Section 195 CrPC does not apply to false evidence before an Arbitral Tribunal, as an arbitrator is not considered a "court" under the provision, clarifying the limits of criminal law in arbitral proceedings. |
| FAMILY - Delhi HC: Working Mothers Cannot be Forced to Bear Full Childcare Burden While Fathers Evade Duty |
| Mon, 29 Dec 2025 17:24:19 IST |
| The court observed "A Court of law cannot burden, nor does the law mandate, that the working mother should be forced to exhaust herself physically, emotionally, and financially, and allow the father to take refuge behind selective, misleading disclosures about his income and technical pleas." |
| INSURANCE - J&K&L HC: Gold Voluntarily Given to Customer is 'Entrustment'; Theft Excluded from Insurance Cover |
| Mon, 29 Dec 2025 17:24:05 IST |
| Jammu & Kashmir and Ladakh High Court held that when insured property is voluntarily handed over on trust, it amounts to entrustment, and any dishonest loss arising from it is excluded under the insurance policy, even if the act may legally constitute theft. |
| ARBITRATION - J&K&L HC: Second Arbitral Reference is Maintainable if Award is Set Aside Without Deciding Merits |
| Mon, 29 Dec 2025 17:23:51 IST |
| Jammu & Kashmir and Ladakh High Court held that a second arbitral reference is maintainable when an award is set aside under Section 34 of the A&C Act without adjudication on the merits, leaving the underlying disputes unresolved. |
| CUSTOMS - Delhi High Court: Customs Officials Acting Officially Cannot be Cross-Examined as of Right |
| Mon, 29 Dec 2025 17:23:37 IST |
| Delhi High Court held that Customs officials acting in their official capacity cannot be cross-examined as a matter of right in adjudication proceedings under the Customs Act, the court observed while partly allowing a writ petition in a customs duty evasion matter. |
| CRIMINAL - J&K&L HC: Matrimonial Remedies May Overlap, But Cruelty Claims Cannot be Selectively Invoked |
| Mon, 29 Dec 2025 17:23:22 IST |
| Examining the interface of matrimonial remedies, J&K&L HC held that strict segregation of proceedings under Section 125 CrPC, the DV Act and Section 498-A IPC is not always required, as allegations of domestic violence, dowry demands, mental cruelty and physical harassment are often intertwined. |
| COMPANY - NCLAT: Oppression & Mismanagement Petition Cannot Be Filed Without Company Membership on Filing Date |
| Fri, 26 Dec 2025 17:57:57 IST |
| NCLAT Chennai reaffirmed that a petition alleging oppression and mismanagement under Sections 241 and 244 of the Companies Act, 2013, is not maintainable unless the filer proves they were a company member on the petition's filing date. |
| LIMITATION - NCLAT Reaffirms That Borrower's Debt Acknowledgment Also Extends Limitation Period for Guarantors |
| Fri, 26 Dec 2025 17:57:47 IST |
| NCLAT Delhi has reiterated that when a principal borrower acknowledges a debt, it extends the limitation period for initiating insolvency proceedings against the corporate guarantors, ensuring they cannot claim the limitation period has expired. |
| DIRECT TAXATION - Delhi High Court: 120-Day Timeline under Section 132B Of Income Tax Act is Not Mandatory |
| Fri, 26 Dec 2025 17:57:36 IST |
| Delhi High Court held that the 120-day period under the second proviso to Section 132B(1)(i) of the Income Tax Act for deciding an assessee's plea for release of seized assets is not mandatory, and a decision taken beyond this period does not automatically become invalid. |
| ARBITRATION - Calcutta High Court: Arbitration Clause in an Expired Lease Cannot be Invoked For a Fresh Lease |
| Fri, 26 Dec 2025 17:57:25 IST |
| Calcutta High Court held that an arbitration clause in an expired lease deed cannot automatically apply to disputes over execution of a fresh lease, even when the proposed lease is claimed to arise from prior correspondence between the parties. |
| CRIMINAL - Delhi HC Suspends Kuldeep Singh Sengar's Life Term, Holding Section 5(C) of POCSO Not Made Out |
| Fri, 26 Dec 2025 17:57:13 IST |
| Delhi High Court suspended the life sentence of Kuldeep Singh Sengar in the Unnao rape case, holding at a prima facie stage that Section 5(c) of the POCSO Act was not attracted and the offence did not qualify as aggravated penetrative sexual assault. |
| ARBITRATION - Calcutta HC: Award May Be Set Aside if Tribunal Rewrites Contract or Ignores Key Clauses |
| Fri, 26 Dec 2025 17:57:02 IST |
| Calcutta High Court held that an arbitral tribunal cannot rewrite contractual terms or ignore determinative clauses on grounds of equity or fairness, and that travelling beyond the contract amounts to a jurisdictional error rendering the award illegal. |
| SERVICE - Delhi High Court: Statutory Appeals Cannot Be Denied Due to DRAT Vacancies or Administrative Delays |
| Wed, 24 Dec 2025 17:30:46 IST |
| Delhi High Court observed that litigants cannot be denied an effective appellate remedy under debt recovery law even if their statutory appeal is delayed or remains unheard due to tribunal vacancies, recusals, or administrative challenges, ensuring access to justice is not compromised. |
| DIRECT TAXATION - Delhi High Court: Software Receipts Not Taxable on PE Basis Already Rejected by ITAT |
| Wed, 24 Dec 2025 17:30:36 IST |
| Delhi High Court ruled that software receipts cannot attract TDS based on a presumed permanent establishment when the ITAT has already rejected such an assumption, and accordingly set aside the withholding certificate issued under Section 197 of the Income Tax Act. |
| CUSTOMS - Delhi HC: DRI or Central Revenues Control Lab Presence in Delhi Alone Does Not Confer Jurisdiction |
| Wed, 24 Dec 2025 17:30:25 IST |
| Delhi High Court held that the presence of the DRI headquarters or the Central Revenues Control Laboratory in Delhi alone does not give it jurisdiction to hear customs disputes that arise in Tamil Nadu. |
| INSOLVENCY - NCLAT Reiterates That IBC Cannot be Invoked as a Recovery Tool for Contractual Disputes |
| Wed, 24 Dec 2025 17:30:16 IST |
| Delhi bench of the NCLAT reiterated that proceedings under the Insolvency and Bankruptcy Code cannot be invoked as a recovery tool to resolve disputed contractual claims between parties. |
| COMPANY - NCLAT: NCLT Can Order Forensic Audit on its Own, No Separate Application Required |
| Wed, 24 Dec 2025 17:30:05 IST |
| Chennai bench of the NCLAT held that the NCLT has the authority to order a forensic audit on its own initiative, even when no separate application has been filed by any party seeking such a direction. |
| CIVIL - Supreme Court Quashes Rajasthan Village Renaming, Says Government Must Follow its Own Policy |
| Wed, 24 Dec 2025 17:29:55 IST |
| Supreme Court ruled that the Rajasthan government violated its binding policy by naming new revenue villages after individuals, set aside the High Court Division Bench ruling, and restored the Single Judge order quashing the creation of Amargarh and Sagatsar villages in Barmer. |
| CRIMINAL - Supreme Court: Informant's Criminal Revision Does Not Abate on Death; Other Victims May Continue |
| Tue, 23 Dec 2025 18:11:44 IST |
| Supreme Court held that a criminal revision filed by an informant or victim does not automatically abate on the revisionist's death, and the revisional court may continue examining the impugned order's legality while permitting other victims to assist in the interest of justice. |
| PROPERTY - Supreme Court: Mutation of Revenue Records Can Be Based on a Will |
| Tue, 23 Dec 2025 18:11:34 IST |
| Supreme Court held that mutation of land records can be carried out on the basis of a will and cannot be denied merely because the claim is testamentary, restoring mutation in favour of a legatee while clarifying that such entry remains subject to the outcome of civil proceedings on title. |
| CRIMINAL - Delhi HC: Framing of Charges is Interlocutory and Not Appealable under Section 21 of NIA Act |
| Tue, 23 Dec 2025 18:11:25 IST |
| Delhi High Court held that an order framing charges is interlocutory and cannot be challenged under Section 21 of the National Investigation Agency Act, clarifying that the term "order" in the provision refers only to a final order, not to intermediate or interlocutory orders. |
| MOTOR VEHICLES - Gujarat HC: Not All Injuries Reduce Earning Capacity; Functional Disability Must Be Assessed |
| Tue, 23 Dec 2025 18:11:14 IST |
| Gujarat High Court held that not all injuries lead to loss of earning capacity and functional disability must be assessed for compensation, noting that the tribunal had mechanically accepted a 47% disability certificate, contrary to a medical board's 27% assessment. |
| CRIMINAL - Bombay HC: Preventing Feeding Stray Dogs at Society or Bus Stop is Not 'Wrongful Restraint' |
| Tue, 23 Dec 2025 18:11:04 IST |
| Bombay High Court held that a person stopped from feeding stray dogs at non-designated spots in a society, such as entry/exit points or school bus stops, cannot file a complaint under Section 126 (wrongful restraint) of the BNS, as such restraint is not unlawful. |
| LIMITATION - J&K&L HC: Failure to Frame Limitation Issue Not Fatal; Courts May Examine Limitation Suo Motu |
| Tue, 23 Dec 2025 18:10:53 IST |
| J&K and Ladakh High Court held that failure to frame a specific issue on limitation is not fatal, as courts can consider limitation within broader issues from the pleadings, provided no prejudice is caused to the parties, allowing limitation to be examined suo motu. |
| INSOLVENCY - NCLT Hyderabad: Mortgaging Property Without Lending Money Does Not Constitute Financial Debt |
| Mon, 22 Dec 2025 17:48:52 IST |
| NCLT Hyderabad held that a person who merely mortgages property as collateral without advancing any funds cannot be considered a financial creditor of the borrower, as no actual lending or financial debt arises from providing security alone. |
| ARBITRATION - Kerala HC: Fresh Arbitration Notice is Required For Second Arbitration After Prior Award Set Aside |
| Mon, 22 Dec 2025 17:48:42 IST |
| Kerala High Court held that a fresh arbitration notice under Section 21 of the A&C Act, 1996, is mandatory to initiate a second arbitration after a prior award is set aside, even if the earlier award was nullified due to the invalid appointment of the arbitrator. |
| CRIMINAL - J&K&L High Court: Successive Bail Applications Can Be Filed Even Without Change in Circumstances |
| Mon, 22 Dec 2025 17:48:32 IST |
| High Court of Jammu and Kashmir and Ladakh held that a change in circumstances is not required for filing successive bail applications, allowing the High Court to hear such pleas even if earlier bail requests were rejected by a lower criminal court. |
| CRIMINAL - Supreme Court: Section 311 CrPC Should be Invoked Sparingly, Only When Evidence is Vital |
| Mon, 22 Dec 2025 17:48:22 IST |
| Supreme Court set aside the Gujarat High Court's order permitting the prosecution to recall an 11-year-old witness under Section 311 CrPC, holding that the provision should be used sparingly and only when the evidence is indispensable for ascertaining the truth. |
| DIRECT TAXATION - Supreme Court: Non-Compete Fees Qualify as Deductible Revenue Expenditure under Income Tax Act |
| Mon, 22 Dec 2025 17:48:13 IST |
| Supreme Court held that payment of a non-compete fee does not lead to acquisition of any capital asset or change in the business's profit-making structure and therefore qualifies as allowable revenue expenditure under Section 37(1) of the Income Tax Act, 1961. |
| CIVIL - SC: Delay in Depositing Sale Balance Does not Make Specific Performance Decree Inexecutable |
| Mon, 22 Dec 2025 17:48:04 IST |
| Supreme Court held that a buyer's delay in depositing the balance sale consideration beyond the time fixed in the decree does not make a specific performance decree inexecutable, provided the buyer continued to be ready and willing to fulfil their obligations under the agreement. |
| CIVIL - Supreme Court: Passport Renewal Cannot be Denied if Trial Court Has Permitted it Despite Pending Case |
| Mon, 22 Dec 2025 17:47:54 IST |
| Supreme Court held that the mere pendency of criminal proceedings cannot justify an indefinite denial of passport renewal, especially when the competent criminal court has allowed renewal while retaining authority to regulate or restrict the individual's foreign travel. |
| BANKING - Supreme Court: High Courts Cannot Quash Cheque Bounce Cases by Pre-Trial Inquiry Into Liability |
| Mon, 22 Dec 2025 17:47:45 IST |
| Supreme Court held that High Courts cannot quash cheque dishonour cases by conducting a pre-trial examination of disputed facts, especially when the statutory presumption under Section 139 of the Negotiable Instruments Act operates in favour of the complainant. |
| MOTOR VEHICLES - Supreme Court: Driving Licence Renewal After a Gap Will Not Take Effect From Expiry Date |
| Mon, 22 Dec 2025 17:47:36 IST |
| Supreme Court upheld the Telangana State Level Police Recruitment Board's view that candidates whose driving licences expired and were renewed after a gap cannot be considered to have held a licence continuously for the required period, even if renewal occurred within one year of expiry. |
| ARBITRATION - Allahabad HC: When Parties Extend an Agreement by Conduct, The Arbitration Clause Extends Too |
| Fri, 19 Dec 2025 17:58:13 IST |
| Allahabad High Court held that when parties extend an agreement through their conduct, even if it has formally expired, the arbitration clause within the agreement also continues to apply, ensuring that any disputes arising under the extended agreement remain subject to arbitration. |
| CRIMINAL - SC Acknowledges Child Trafficking as a Grave Reality and Issues Guidelines to Assess Victim Evidence |
| Fri, 19 Dec 2025 17:58:03 IST |
| SC, describing child trafficking and commercial sexual exploitation as a "deeply disturbing reality" in India, issued detailed guidelines for courts to sensitively and realistically evaluate the evidence of minor victims, warning against dismissing their testimony over minor inconsistencies. |
| ARBITRATION - Supreme Court: Arbitral Awards Cannot be Set Aside For Mere Legal Errors or Misreading of Evidence |
| Fri, 19 Dec 2025 17:57:53 IST |
| SC overturned the Chhattisgarh High Court's judgment, holding that it exceeded its limited jurisdiction under Sec 37 of the Arbitration and Conciliation Act, 1996 by acting like an appellate court, reappreciating evidence, and replacing the arbitral tribunal's findings with its own interpretation. |
| CRIMINAL - Supreme Court: Gravity of Offence and Accused's Role Must Guide Suspension of Sentence under CrPC |
| Fri, 19 Dec 2025 17:57:44 IST |
| SC overturned the Patna High Court's order suspending the sentence and granting bail to a murder convict sentenced to life imprisonment, holding that the High Court committed a serious error by granting such relief despite the grave nature of the offence and the active role attributed to accused. |
| ENVIRONMENT - Supreme Court: Forest Land Cannot Be Leased or Used For Agriculture Without Centre's Approval |
| Fri, 19 Dec 2025 17:57:33 IST |
| SC held that forest land cannot be leased or used for agricultural purposes without prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980, and ruled that any lease granted in violation of this requirement is illegal and cannot be allowed to continue. |
| SERVICE - Supreme Court: Vacancies From Resignations under CUSAT Act Must Follow Communal Rotation |
| Fri, 19 Dec 2025 17:57:23 IST |
| Supreme Court has ruled that communal rotation in university appointments remains applicable throughout the validity of a rank list, and a waitlisted candidate does not gain an automatic right to appointment solely because a selected candidate resigns. |
| CIVIL - Allahabad High Court: Law Treats All Equally, State Cannot Gain Undue Benefit from Delay Condonation |
| Thu, 18 Dec 2025 18:19:21 IST |
| Allahabad High Court, addressing a 5,743-day delay in filing a Review Petition, held that government departments must act diligently, filing petitions on time, and emphasized that the law treats all equally, prohibiting the State from receiving undue benefit from condonation of delay. |
| TRUSTS AND SOCIETIES - Gujarat High Court: Waqf Institutions Must Pay Court Fees When Filing Disputes in State Tribunal |
| Thu, 18 Dec 2025 18:19:11 IST |
| Gujarat High Court has dismissed petitions by waqf institutions challenging the Gujarat State Waqf Tribunal's rejection of applications over waqf property disputes, ruling that waqf institutions are not exempt from paying court fees under Section 83(3) of the Waqf Act. |
| LAW OF EVIDENCE - Supreme Court: Items Given by Accused to Police Are Not Section 27 Recoveries under Evidence Act |
| Thu, 18 Dec 2025 18:19:00 IST |
| Supreme Court held that items handed over by an accused during a police check cannot be treated as recoveries under Section 27 of the Evidence Act, as a disclosure must involve prior concealment and the police's discovery must directly result from the accused's information. |
| CIVIL - Supreme Court: Omissions in Chief Examination Can Be Rectified During Cross-Examination |
| Thu, 18 Dec 2025 18:18:50 IST |
| Supreme Court held that omissions in a witness's examination-in-chief can be remedied during cross-examination, ruling in a case on the validity of a Will that failure of an attesting witness to state certain facts initially does not by itself render the Will invalid. |
| ARBITRATION - Supreme Court: Issues of Party Capacity and Maintainability Must Be Decided by Arbitral Tribunal |
| Thu, 18 Dec 2025 18:18:40 IST |
| Supreme Court reaffirmed that issues concerning whether a person is a genuine party to an arbitration agreement and entitled to invoke the arbitration clause must be left for determination by the Arbitral Tribunal. |
| INSOLVENCY - NCLAT: Personal Guarantors Involved In NCLT Proceedings Can Appeal Against Insolvency Admission |
| Wed, 17 Dec 2025 17:31:02 IST |
| NCLAT, New Delhi, held that a personal guarantor allowed to participate in NCLT proceedings qualifies as an "aggrieved person" and is entitled to file an appeal under the Insolvency and Bankruptcy Code against the admission of insolvency proceedings. |
| INSOLVENCY - NCLAT: Appellate Jurisdiction Limited to Orders Deciding Parties' Rights, Not Procedural Directions |
| Wed, 17 Dec 2025 17:30:47 IST |
| NCLAT, Chennai, held that appellate jurisdiction under the Insolvency and Bankruptcy Code is limited to reviewing NCLT orders that adjudicate or determine parties' rights, and does not extend to purely procedural or interlocutory directions such as the issuance of notice. |
| SERVICE - Bombay High Court: Technical Breaks to Temporary Employees Cannot Deny Maternity Leave Benefits |
| Wed, 17 Dec 2025 17:30:38 IST |
| Bombay High Court held that a woman engaged on a temporary, daily-wage basis is entitled to maternity leave benefits and cannot be denied them merely because she was given technical breaks of one or two days after completing 120 days of service in a year. |
| INSOLVENCY - Kerala HC: Civil Courts Cannot Grant Injunctions in NCLT Matters and Such Orders Can Be Set Aside |
| Wed, 17 Dec 2025 17:30:29 IST |
| Kerala High Court reiterated that civil courts lack jurisdiction over matters within the exclusive domain of the NCLT, holding that injunctions granted in violation of the Insolvency and Bankruptcy Code are patently illegal and liable to be set aside. |
| PROPERTY - SC: Lis Pendens Applies To Money Suits on Mortgaged Property, Including Ex Parte Proceedings |
| Wed, 17 Dec 2025 17:30:20 IST |
| Supreme Court has ruled that the doctrine of lis pendens under Section 52 of the Transfer of Property Act applies to money recovery suits involving mortgaged immovable property, and that the restriction on transfer operates regardless of whether the proceedings are contested or conducted ex parte. |
| BANKING - SC: SARFAESI Act Was Not Applicable in Nagaland Before its 2021 Adoption, Dismisses Creditor's Plea |
| Wed, 17 Dec 2025 17:30:11 IST |
| Supreme Court has dismissed a secured creditor's plea to initiate recovery under the SARFAESI Act against a borrower in Nagaland, holding that such proceedings were impermissible as the Central law was not in force in the State at the relevant time. |
| CIVIL - J&K&L High Court: Revisional Powers Must Be Used Within Reasonable Time; Merits Don't Justify Delay |
| Tue, 16 Dec 2025 18:09:07 IST |
| J&K&L High Court quashed an order reopening revenue mutations after over 40 years, holding that revisional powers, even in fraud cases, must be exercised within a reasonable time, and the merits of a case cannot justify excessive delay in exercising such powers. |
| SERVICE - J&K&L HC Rules it Illegal and Inequitable to Deny Regularisation to a Daily Wager After 34 Years |
| Tue, 16 Dec 2025 18:08:58 IST |
| J&K&L High Court dismissed the UT's challenge to a daily wager's regularisation, holding that denying regularisation after over 34 years of service is illegal, inequitable, and violates the State's welfare obligations toward its employees. |
| COMPANY - NCLT Mumbai: Oppression Claims Against Majority Shareholders Do not Justify Winding up a Company |
| Tue, 16 Dec 2025 18:08:49 IST |
| NCLT Mumbai dismissed a winding-up plea against Nissan Motor India's former partner Hover Automotive India, ruling that allegations of oppression by majority shareholders cannot justify liquidation when alternative remedies under the Companies Act are available. |
| CIVIL - SC: Separate Suits Against Confirmed Auction Sales are Barred; Remedy Available under Sec 47 |
| Tue, 16 Dec 2025 18:08:39 IST |
| Supreme Court ruled that once an auction sale is confirmed and no challenge is filed to set it aside, a separate suit contesting the confirmation is barred under Order XXI Rule 92(3) CPC, and the proper remedy is an application under Section 47 CPC on limited grounds. |
| CRIMINAL - SC Calls For Sensitising Future Generations on Equality in Marriage to Combat Dowry Practices |
| Tue, 16 Dec 2025 18:08:29 IST |
| While overturning the acquittal of a husband and his mother in a case of dowry death and cruelty, the Supreme Court found it necessary to issue general directions aimed at effectively addressing and curbing the social menace of dowry deaths. |
| CRIMINAL - SC Directs Trial Courts to Systematically Catalogue Witnesses and Evidence in Criminal Judgments |
| Tue, 16 Dec 2025 18:08:20 IST |
| Supreme Court issued directions to all trial courts to institutionalize a standardized format for systematically cataloguing witnesses, documentary evidence, and material objects in criminal case records and judgments. |
| DIRECT TAXATION - Supreme Court: Foreign Companies' Head Office Expenses in India are Capped under Section 44C |
| Tue, 16 Dec 2025 18:08:11 IST |
| In a setback to foreign companies operating in India, the Supreme Court has ruled that all head office expenses incurred outside India, whether common or solely for Indian operations, are subject to the deduction cap under Section 44C of the Income Tax Act, 1961. |
| SERVICE - J&K High Court: Umadevi Judgment Does not Justify Perpetual Temporary Employment |
| Mon, 15 Dec 2025 17:30:42 IST |
| J&K High Court held that long-serving daily rated workers employed before 31-03-1994 cannot be denied regularization under SRO-64, and clarified that the Umadevi judgment cannot be used to justify perpetual temporary employment for permanent work. |
| ARBITRATION - Kerala High Court: Review Petition Cannot Be Entertained Against an Order Refusing Arbitration |
| Mon, 15 Dec 2025 17:30:30 IST |
| Kerala High Court held that review petitions against orders under Section 11 of the Arbitration Act, 1996, refusing to appoint an arbitrator are not maintainable, emphasizing that the court becomes functus officio after deciding such petitions and cannot revisit the merits through review. |
| MOTOR VEHICLES - Calcutta High Court: Mere Presence of Alcohol in Post-Mortem Cannot Bar Compensation to Heirs |
| Mon, 15 Dec 2025 17:30:19 IST |
| Calcutta High Court held that the mere presence of alcohol in a deceased accident victim's post-mortem report cannot deny compensation to heirs under the Motor Vehicles Act, dismissing New India Assurance's appeal and upholding the award to the motorcyclist's family. |
| INTELLECTUAL PROPERTY RIGHTS - Delhi HC Upholds Interim Injunction Against 'Power Flex' in Bata's Trademark Infringement Case |
| Mon, 15 Dec 2025 17:30:06 IST |
| Delhi High Court upheld an interim injunction restraining Leayan Global from using the mark "POWER FLEX" for footwear in Bata's trademark suit, dismissing appeals from both parties, while allowing limited use of the tagline "THE POWER OF REAL LEATHER" without undue emphasis on "POWER." |
| COMMERCIAL - NCLT Reiterates That an Auction Purchaser is Not Liable For a Corporate Debtor's Electricity Dues |
| Mon, 15 Dec 2025 17:29:54 IST |
| NCLT Chandigarh directed the Himachal Pradesh State Electricity Board to restore electricity to a property bought in liquidation, ruling that the auction purchaser cannot be held liable for the corporate debtor's pre-auction electricity dues, clarifying entitlement to a fresh connection. |
| INSOLVENCY - NCLAT: SEBI Penalties Imposed After Liquidation Begins are Not Admissible as Claims |
| Mon, 15 Dec 2025 17:29:43 IST |
| NCLAT, New Delhi, held that SEBI penalties imposed after the start of liquidation cannot be admitted as claims under the IBC, and accordingly rejected SEBI's ?21.80 lakh claim against Annies Apparel Pvt. Ltd., clarifying that such penalties do not qualify as insolvency claims. |
| INSOLVENCY - NCLAT: Issuing Cheques For Another Entity's Liabilities Does not Constitute Operational Debt |
| Mon, 15 Dec 2025 17:29:30 IST |
| NCLAT, New Delhi, held that issuing cheques for another entity's dues does not justify insolvency in the absence of a direct contract with the creditor, and set aside the NCLT order admitting Nayati Healthcare and Research NCR Pvt. Ltd. into insolvency over alleged unpaid dues. |
| INSOLVENCY - NCLAT New Delhi: Insolvency Pleas Cannot Be Admitted When Information Utility Records Show a Dispute |
| Mon, 15 Dec 2025 17:29:20 IST |
| NCLAT held that the existence of a dispute recorded with an Information Utility mandates rejection of an insolvency plea by an operational creditor, and accordingly set aside the insolvency proceedings against OFB Tech Pvt. Ltd. initiated by the tribunal earlier. |
| SERVICE - Supreme Court: Compassionate Appointees Cannot Later Claim Entitlement to a Higher Post |
| Mon, 15 Dec 2025 17:29:05 IST |
| Supreme Court held that a person who accepts a compassionate appointment cannot later seek a higher post, stressing that such appointments are exceptions meant for immediate relief and that once the offered post is accepted, the appointee is bound by the scheme's terms. |
| BANKING - Bombay HC: SARFAESI Sale Invalid if Sale Certificate is Not Issued Prior to IBC Moratorium |
| Fri, 12 Dec 2025 17:53:07 IST |
| Bombay High Court held that once an interim IBC moratorium is in place, a secured creditor cannot proceed with a SARFAESI sale. It ruled that Union Bank of India could not accept balance payments or issue a sale certificate after the borrower's personal insolvency process had begun. |
| CIVIL - J&K&L HC: Courts Should Exercise Caution When Granting Interim Relief in Public Infrastructure Cases |
| Fri, 12 Dec 2025 17:52:57 IST |
| J&K and Ladakh High Court highlighted delays that stalled the Aishmuqam Degree College for over a decade, causing "avoidable hardship" and "educational loss" to successive student batches, emphasizing the need for timely action in public infrastructure and welfare projects. |
| INSOLVENCY - NCLT Ahmedabad: Objections to Coc Cannot Bar RP From Challenging Preferential Transactions |
| Fri, 12 Dec 2025 17:50:44 IST |
| NCLT Ahmedabad held that objections to the formation of the Committee of Creditors cannot prevent a Resolution Professional from filing an application under Section 43 of the IBC to challenge and reverse preferential transactions. |
| INSOLVENCY - NCLAT: Amounts Listed As 'Other Advances' in Company's Balance Sheet aren't Financial Debt under IBC |
| Fri, 12 Dec 2025 17:50:34 IST |
| NCLAT, Delhi, recently held that amounts recorded as "other advances" in a company's balance sheet, including long-standing advances with no repayment demand, do not constitute borrowings and thus cannot be treated as financial debt under the Insolvency and Bankruptcy Code. |
| LAW OF MEDICINE - SC Sets Up Secondary Medical Board to Assess Passive Euthanasia Plea of Man in Vegetative State |
| Fri, 12 Dec 2025 17:50:25 IST |
| Supreme Court has directed the AIIMS Director to form a Secondary Medical Board to evaluate whether passive euthanasia may be allowed for a 32-year-old man who has been in a vegetative state for 12 years after a fall. |
| CIVIL - SC: Doctors Were Unwavering Heroes in COVID-19, and Their Sacrifice Remains Indelible |
| Fri, 12 Dec 2025 17:50:16 IST |
| Supreme Court, while ruling that the PM Garib Kalyan Package insurance scheme covers even doctors not formally requisitioned by the government, reflected on the vast scale of the COVID-19 crisis and acknowledged the crucial, selfless role played by doctors and health workers. |
| TENANCY - SC: Public Premises Act Prevails over State Rent Laws For Evicting Unauthorised Occupants |
| Fri, 12 Dec 2025 17:50:06 IST |
| Supreme Court held that once premises qualify as "public premises" and the tenancy is lawfully terminated, the occupants become unauthorized and cannot seek protection under State Rent Control Acts, requiring eviction under the summary procedure of the Public Premises Act, 1971. |
| SERVICE - Madras HC: All State Departments Must Address Representations by Persons with Disabilities Promptly |
| Thu, 11 Dec 2025 16:13:51 IST |
| Madras High Court directed the Chief Secretary of Tamil Nadu to issue a circular instructing all state government departments to ensure that representations submitted by persons with disabilities are considered and addressed at the earliest. |
| ARBITRATION - Meghalaya HC: Non-Signatory or Non-Existent LLP Cannot Claim Arbitration via Group of Companies |
| Thu, 11 Dec 2025 16:13:42 IST |
| Meghalaya High Court dismissed Suraksha Salvia LLP's appeal against the termination of a PPP for a diagnostic centre in Shillong, ruling that a company not in existence at the time of the agreement cannot invoke protection under Section 9 of the Arbitration and Conciliation Act. |
| COMPANY - SC: NCLT Can Forfeit Entire Deposit if Purchaser Defaults on Payment for Liquidation Assets |
| Thu, 11 Dec 2025 16:13:32 IST |
| Supreme Court held that if a purchaser defaults on payment for liquidation assets sold under judicial supervision, the entire deposit can be forfeited. Section 74 of the Indian Contract Act cannot be invoked for a refund, as no contract exists between the purchaser and the liquidator. |
| COMPANY - NCLT Ahmedabad: Complaints Against Auditors or Company Secretaries Not Grounds for Company Probe |
| Thu, 11 Dec 2025 16:13:22 IST |
| NCLT Ahmedabad held that complaints of professional misconduct against auditors or company secretaries cannot justify an SFIO investigation under Sections 212 or 213 of the Companies Act, as such actions pertain only to the individual and do not entitle the complainant to probe the company. |
| INSOLVENCY - NCLT Kolkata: Costs for Compromise or Arrangement Scheme not Part of Liquidation Expenses |
| Thu, 11 Dec 2025 16:13:13 IST |
| NCLT Kolkata clarified that expenses a liquidator incurs while exploring a compromise or arrangement for a corporate debtor cannot be treated as liquidation costs or reimbursed. It emphasized that Liquidation Regulations distinguish between "liquidation costs" and the liquidator's "fee." |
| DIRECT TAXATION - SC: Statutory Corporation Can Deduct under S.36(1)(viii) Only for Income from Long-Term Finance |
| Thu, 11 Dec 2025 16:13:03 IST |
| Supreme Court held that a statutory corporation cannot claim the 40% deduction under Section 36(1)(viii) of the Income Tax Act for income earned outside its core activity of providing long-term finance for industrial, agricultural, or infrastructure development in India. |
| CONTEMPT OF COURT - SC: Contempt Power isn't Judges' Personal Shield nor a Tool to Silence Legitimate Criticism |
| Thu, 11 Dec 2025 16:12:54 IST |
| Supreme Court held that contempt powers cannot be used to silence criticism or shield judges, stressing that they must never become a personal armour. It added that since the power to punish includes the power to forgive, mercy should guide the Court when a contemnor shows genuine remorse. |
| CIVIL - SC: Women's Representation Requirement Applies to All Bar Associations in Gujarat |
| Thu, 11 Dec 2025 16:12:44 IST |
| Supreme Court clarified that its earlier direction mandating women's representation in Bar Associations applies uniformly to all Bar Associations across Gujarat, irrespective of their specific names or classifications. |
| CRIMINAL - SC: Woman May Move Her Department's ICC For Harassment by Employee of Another Workplace |
| Thu, 11 Dec 2025 16:12:34 IST |
| Supreme Court held that if a woman faces sexual harassment at work by someone outside her organisation, she may file the complaint before the Internal Complaints Committee of her own workplace, and need not approach the ICC of the third party's establishment. |
| ARBITRATION - SC: Arbitrator's Mandate Ends on Time Expiry; Substituted Arbitrator Must Continue After Extension |
| Thu, 11 Dec 2025 16:12:25 IST |
| Supreme Court held that if the 18-month period for issuing an arbitral award lapses without any request for extension, the arbitrator's mandate ends under Section 29A(4) of A&C act. Thus, when the Court later grants an extension, it must appoint a substitute arbitrator under Section 29A(6). |
| CRIMINAL - Supreme Court: Police May Freeze Bank Accounts under S.102 CrPC in Prevention of Corruption Cases |
| Thu, 11 Dec 2025 16:12:15 IST |
| Supreme Court held that police or investigating agencies have the authority to freeze a person's bank account under Section 102 CrPC (now Section 106 BNSS) when proceedings are initiated against them under the Prevention of Corruption Act, 1988. |
| MOTOR VEHICLES - Calcutta HC: Income Tax Returns Can Be Used to Assess Victim's Income; ?39 Lakh Compensation Granted |
| Wed, 10 Dec 2025 17:09:29 IST |
| Calcutta High Court held that a victim's income tax return serves as a reliable basis to assess income in motor accident claims and awarded ?39 lakh compensation to the victim's parents, recognizing it as an authentic measure of the victim's earnings. |
| BANKING - J&K&L HC: Under SARFAESI Act, Borrower's Right To Redeem a Secured Asset Ends With Auction Notice |
| Wed, 10 Dec 2025 17:09:19 IST |
| Reaffirming the amended Section 13(8) of the SARFAESI Act, 2002, the J&K and Ladakh High Court held that a borrower's right to redeem a secured asset ends once the auction notice is published if dues are not cleared before its publication. |
| CIVIL - Supreme Court: Higher Courts Should Avoid Unnecessary Remand of Cases to Lower Courts |
| Wed, 10 Dec 2025 17:09:10 IST |
| Supreme Court has criticised higher courts for unnecessarily remanding cases that had long attained finality, observing that such orders lead to further litigation instead of resolving disputes conclusively and undermine judicial efficiency. |
| SERVICE - SC: Employees Who Resign or Retire After Five Years of Service Are Entitled to Receive Gratuity |
| Wed, 10 Dec 2025 17:09:00 IST |
| Supreme Court has held that employees who resign or take voluntary retirement are entitled to gratuity under the Payment of Gratuity Act, 1972, provided they have completed at least five years of continuous service with their employer. |
| ARBITRATION - SC: New Arbitration Bill Fails To Provide a Statutory Appeal Against Tribunal Termination Orders |
| Wed, 10 Dec 2025 17:08:51 IST |
| Supreme Court criticised the new Arbitration and Conciliation Bill for not addressing the ambiguity on relief against an arbitral tribunal's termination of proceedings, noting that the Bill makes no attempt to fill this legal gap. |
| CRIMINAL - SC: Bail Can't be Cancelled For Police Non-Appearance Once Chargesheet is Filed and Trial is Attended |
| Wed, 10 Dec 2025 17:08:41 IST |
| Supreme Court held that bail cannot be revoked merely because an accused failed to report to the police at intervals, especially after the investigation is complete and the trial has begun, as such non-appearance alone is insufficient to justify cancellation. |
| ARBITRATION - Supreme Court: Non-Signatory That is Not a Veritable Party Cannot Invoke an Arbitration Clause |
| Wed, 10 Dec 2025 17:08:32 IST |
| Supreme Court has held that a non-signatory to an arbitration agreement cannot invoke an arbitration clause when it has no legal relationship with the parties and there is no indication that the main contract was intended to bind the non-signatory. |
| CRIMINAL - Supreme Court: Hostile Witness Testimony Can't Be Discarded; Consistent Parts Remain Valid |
| Tue, 09 Dec 2025 18:34:37 IST |
| Supreme Court held that a witness's testimony cannot be rejected merely because the witness is declared hostile. The Court clarified that any part of the testimony that aligns with the prosecution's or defence's case may still be accepted and relied upon. |
| MUNICIPAL TAX - SC: Article 226 Writs Jurisdiction Cannot be Used to Challenge Economic or Fiscal Reforms |
| Tue, 09 Dec 2025 18:34:26 IST |
| Supreme Court upheld the power of civic bodies to revise property tax rates, ruling that such revisions cannot be challenged unless the process followed is arbitrary or clearly violates the statutory provisions governing property taxation. |
| ARBITRATION - Supreme Court: If Tribunal Ends Case For Unpaid Fees, Parties Must Seek Recall Before Using S.14(2) |
| Tue, 09 Dec 2025 18:34:16 IST |
| SC held that an arbitral tribunal may terminate proceedings under Section 38(2) of the Arbitration and Conciliation Act if a party fails to pay its share of fees. After termination, the party must first seek recall before the tribunal, and if rejected, approach the court u/s 14(2). |
| SERVICE TAX - Chhattisgarh HC: Service Tax Refund Can't Be Denied on Limitation When Payment Was Made During Probe |
| Tue, 09 Dec 2025 18:34:06 IST |
| Chhattisgarh High Court held that service tax paid during an investigation cannot be denied as a refund on the ground of limitation under Section 102(3) of the Finance Act, 1994, particularly when the department later drops the proceedings and accepts that no tax was actually due. |
| FAMILY - Bombay High Court: Senior Citizens Act Cannot be Misused to Summarily Evict a Son |
| Tue, 09 Dec 2025 18:33:57 IST |
| Bombay High Court held that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 protects senior citizens' rights and cannot be misused by them to evict their children without following the proper legal procedure. |
| ELECTION - Delhi HC: ECI Cannot Resolve Internal Disputes of Unrecognised Parties; Civil Court Must Decide |
| Tue, 09 Dec 2025 18:33:47 IST |
| The Court held that "The ECI will not recognize any rival faction of a registered unrecognized party in case of internal disputes, as it is not for the ECI to resolve these disputes. Such inter se disputes in a registered and unrecognized party, would have to be resolved in a civil suit,". |
| DIRECT TAXATION - Delhi HC: Director Disputes in a Company Do Not Qualify as Genuine Hardship to Delay ITR Filing |
| Tue, 09 Dec 2025 18:33:38 IST |
| Delhi High Court held that internal disputes among company directors do not constitute 'genuine hardship' under Section 119(2)(b) of the Income Tax Act, 1961, to delay filing an Income Tax Return, especially when there is no convincing evidence supporting the claim. |
| FAMILY - Delhi HC: Woman's Right to a Shared Household Does Not Allow Indefinite Occupation of In-Laws' Home |
| Tue, 09 Dec 2025 18:33:29 IST |
| Delhi High Court held that a woman's right to a shared household under Section 17 of the Domestic Violence Act is protective, not ownership, and does not permit indefinite occupation of in-laws' premises, particularly if it causes demonstrable harm to senior citizens. |
| INSOLVENCY - NCLT Mumbai: Bank Cannot Retain OTS Earnest Money After Accepting a Resolution Plan |
| Mon, 08 Dec 2025 18:30:28 IST |
| NCLT Mumbai held that once a bank receives full consideration under an approved resolution plan and issues a No-Dues Certificate, it cannot subsequently assert any claim over additional funds or assets of the Corporate Debtor. |
| BANKING - Delhi HC: CAPF Candidate's Height of 164.6 Cm Can be Rounded to 165 Cm; Rejection Prima Facie Illegal |
| Mon, 08 Dec 2025 18:30:18 IST |
| Delhi High Court granted interim relief to a CAPF aspirant disqualified from Assistant Commandant recruitment for being 0.4 cm short of the minimum height, observing that such a minor deficiency can be rounded off and does not justify outright rejection. |
| CIVIL - J&K&L HC: Only Revenue Authorities Can Handle Agrarian Resumption; Civil Courts Cannot Intervene |
| Mon, 08 Dec 2025 18:30:08 IST |
| Court held that "Matters arising out of the Agrarian Reforms Act especially resumption proceedings fall exclusively within the domain of Revenue Authorities, and civil courts lack jurisdiction to interfere, even at the injunction stage," |
| CIVIL - Delhi High Court: Allegations of Forgery Alone Do not Bar NCLT From Examining Company Records |
| Mon, 08 Dec 2025 18:29:58 IST |
| Delhi High Court held that mere claims of fraud or forgery cannot be used to oust the NCLT's jurisdiction, and civil courts cannot entertain parallel suits on issues already pending before the NCLT in an oppression and mismanagement proceeding. |
| CIVIL - Supreme Court: Stamp Duty Relief for Co-Operative Societies Cannot Depend on Extra-Legal Verification |
| Mon, 08 Dec 2025 18:29:48 IST |
| Supreme Court has struck down a Jharkhand Government memo that required co-operative societies to secure an Assistant Registrar's recommendation before availing stamp duty exemption under Section 9A of the Indian Stamp (Bihar Amendment) Act for property transfers to members. |
| EDUCATION - Supreme Court: Candidate Not Disqualified if Core Subject Studied Without Exact Degree Title |
| Mon, 08 Dec 2025 18:29:39 IST |
| Supreme Court ruled that if a candidate has studied the required principal subject in their curriculum, their candidature cannot be denied merely because the degree is titled under a different specialisation. |
| SERVICE - Supreme Court: GPF Nomination in Favour of a Parent Becomes Invalid Once the Employee Marries |
| Mon, 08 Dec 2025 18:29:29 IST |
| Supreme Court held that when an employee marries, any prior General Provident Fund ("GPF") nomination in favour of a parent becomes void, and upon the employee's death, the General Provident Fund amount must be shared equally between the spouse and the parents. |
| INSOLVENCY - NCLT: Damages from Contractual Disputes Cannot Form Basis for Initiating Insolvency Proceedings |
| Fri, 05 Dec 2025 17:32:46 IST |
| NCLT Mumbai held that claims for liquidated or unliquidated damages, being contractual in nature, cannot trigger insolvency proceedings, dismissing Goodrich Logistics Pvt Ltd's CIRP plea against Transrail Lighting Ltd. |
| EDUCATION - Rajasthan High Court: Universities Cannot Retain Students' Original Documents for Pending Fees |
| Fri, 05 Dec 2025 17:32:36 IST |
| Rajasthan HC granted relief to a former MBBS student, ruling that a university cannot retain original documents submitted at admission to compel payment of future fees, allowing her to use the documents for appearing in examinations at a new college. |
| GOODS AND SERVICES TAX - SC: GST Exemption on Residential Lease Applies When Building is Sub-Leased for Hostel/PG Use |
| Fri, 05 Dec 2025 17:32:25 IST |
| Supreme Court ruled that GST exemption for residential leases under Entry 13 of Notification 9/2017 applies even if the lessee sub-leases the property for hostel or PG use, as long as the ultimate use of the premises remains residential in nature. |
| ARBITRATION - SC: Agreed Interest Rate Cannot Be Challenged as Exorbitant; Arbitrator Cannot Override Contract |
| Fri, 05 Dec 2025 17:32:16 IST |
| Supreme Court dismissed BPL Limited's appeals against an arbitral award, upholding a 36% annual interest on dues to Morgan Securities, ruling that corporate entities cannot later challenge contractual terms as unconscionable after voluntarily agreeing to them. |
| CRIMINAL - SC: HC Cannot Grant Pre-Arrest Bail Without Quashing FIR; Accused Must Approach Sessions Court First |
| Fri, 05 Dec 2025 17:32:06 IST |
| Supreme Court recently reiterated that High Courts cannot grant pre-arrest bail while refusing to quash the FIR, emphasizing that the accused must first seek pre-arrest bail from the Sessions Court before approaching the High Court for relief. |
| LAW OF EVIDENCE - Supreme Court: Imminent Death Not Required For a Statement to Qualify as Dying Declaration |
| Fri, 05 Dec 2025 17:31:56 IST |
| Supreme Court restored the summons to the deceased's in-laws in a shooting case, ruling that a dying declaration does not become irrelevant merely because the statement was recorded before death was imminent. |
| HUMAN RIGHTS - SC Directs UPSC to Permit Scribe Changes Till Seven Days Before Exams and Review Screen-Reader Use |
| Thu, 04 Dec 2025 17:15:02 IST |
| Supreme Court has ordered that UPSC candidates with disabilities be allowed to change their scribe's name up to seven days before the exam and directed UPSC to submit, within two months, a plan for implementing screen-reader software for visually impaired candidates. |
| CRIMINAL - Supreme Court: Photographing a Woman not Engaged in Private Acts Does not Constitute Voyeurism |
| Thu, 04 Dec 2025 17:14:53 IST |
| Supreme Court held that taking a woman's photos or videos on a mobile phone without her consent does not amount to voyeurism under Section 354C IPC if she is not engaged in a private act, clarifying that the provision applies only to acts involving reasonable expectations of privacy. |
| SERVICE - Raj HC Upholds Padmesh Mishra's AAG Appointment, Noting Advocacy Skill isn't Tied to Experience |
| Thu, 04 Dec 2025 17:14:44 IST |
| Rajasthan HC upheld the single judge's decision rejecting the challenge to Padmesh Mishra's appointment as Additional Advocate General in the Supreme Court, despite claims that he lacked the experience required under the 2018 State Litigation Policy and that he is the son of Justice P.K. Mishra. |
| ARBITRATION - Calcutta HC: Unilaterally Appointed Arbitrator Violates Natural Justice and Sets Aside the Award |
| Thu, 04 Dec 2025 17:14:34 IST |
| Calcutta High Court set aside an ex-parte arbitral award, holding that a sole arbitrator appointed unililaterally by one party violates the principles of natural justice and fatally undermines the arbitral process, rendering the resulting award null and void. |
| GOODS AND SERVICES TAX - Del HC: Pre-SCN Consultation is Unnecessary in Large-Scale GST Fraud Cases with Complex Transactions |
| Thu, 04 Dec 2025 17:14:24 IST |
| Delhi High Court observed that pre-SCN consultation under Rule 142(1A) of the GST Rules, 2017, serves no purpose in large-scale fraud cases involving multiple entities and complex transactions, noting that the mandatory notice process is ineffective in such complicated scenarios. |
| INSOLVENCY - NCLAT: IBC Auctions are Not Ordinary Contracts, and Market Volatility Does not Excuse Bid Defaults |
| Wed, 03 Dec 2025 17:44:55 IST |
| NCLAT at New Delhi held that a successful bidder in a liquidation e-auction cannot evade payment obligations by citing market fluctuations or unrelated delays, emphasizing acceptance of statutory terms, and set aside the NCLT Kolkata order directing refund of the Rs 2 crore earnest money deposit. |
| EXCISE - Supreme Court: Excise Exemption on Cotton Fabrics is Denied if Any Related Process Uses Power |
| Wed, 03 Dec 2025 17:44:45 IST |
| Supreme Court held that manufacturers cannot claim central excise exemption for cotton fabrics if power is used at any stage of production, even across separate units, restoring the duty and penalty previously set aside by CESTAT. |
| CIVIL - SC: Maharashtra Can Acquire Land under Slum Areas Act, Respecting Owner's Preferential Rights |
| Wed, 03 Dec 2025 17:44:36 IST |
| Supreme Court dismissed a plea for compulsory acquisition of a 2,005 sq. m. Recreational Ground in Malad, Mumbai, ruling that the state cannot override a landowner's preferential right to redevelop slum-affected property under the Maharashtra Slum Areas Act, 1971. |
| CRIMINAL - Supreme Court: Police and Courts Should Act as Initial Filters to Prevent Baseless Prosecutions |
| Wed, 03 Dec 2025 17:44:27 IST |
| Supreme Court expressed concern over the practice of filing charge sheets and framing charges in cases with little chance of conviction, emphasizing that police and courts must act as initial filters to prevent baseless prosecutions. |
| FAMILY - Supreme Court: Divorced Muslim Woman Can Reclaim Gifts Given to Husband at Marriage |
| Wed, 03 Dec 2025 17:44:17 IST |
| Supreme Court affirmed that a divorced Muslim woman can reclaim cash and gold gifts given to her husband by her father at marriage, under the Muslim Women (Protection of Rights on Divorce) Act, 1986. |
| CIVIL - Delhi HC: Employment Disputes Cannot be Treated as Commercial Cases under the Act |
| Wed, 03 Dec 2025 17:44:08 IST |
| Delhi HC held that disputes stemming from employment agreements cannot be classified as commercial disputes under the Commercial Courts Act solely because the contracts contain business-related clauses. |
| ELECTION - Bombay HC: Results of Dec 2 And 20 Local Body Election Must be Declared Together |
| Wed, 03 Dec 2025 17:43:58 IST |
| Bombay High Court deferred the declaration of Municipal Council and Nagar Panchayat poll results to December 21, directing that outcomes of the elections held on December 2 and December 20 be announced together on that date rather than in phases. |
| BANKING - MP High Court: DRT Cannot Restrict or Impose Conditions on a Person's Foreign Travel |
| Wed, 03 Dec 2025 17:43:49 IST |
| Madhya Pradesh High Court held that the Debts Recovery Tribunal lacks the authority to restrict a person's fundamental right to travel abroad and therefore cannot impose any conditional requirements on foreign travel. |
| SERVICE - Delhi HC: Lokpal Cannot Form a Prima Facie View on Corruption Without Hearing The Official |
| Wed, 03 Dec 2025 17:43:39 IST |
| Delhi HC quashed the Lokpal's order for a probe into alleged irregularities in the National Productivity Council, holding that the authority had pre-judged the matter and stressing that under Section 20(3) of the Lokpal Act, a prima facie view can be formed only after hearing the public servant. |
| CONSTITUTION - Madras HC: Freedom of Religion Cannot Extend to Disturbing Peace Within Temple Premises |
| Wed, 03 Dec 2025 17:43:28 IST |
| Madras High Court, while allowing the Thengalai sect to perform ceremonial worship at the Sri Devaraja Swamy temple, held that the right to religious freedom cannot be stretched to disrupt temple peace or office-holders' rights, rejecting the Vadagalai sect's claim of Article 25 and 26 violations. |
| INSOLVENCY - NCLT Mumbai: Pending Cheque-Bounce Case Does not Prevent Admission of Insolvency Petition |
| Tue, 02 Dec 2025 16:47:04 IST |
| NCLT Mumbai ruled that a pending cheque-bounce case under the Negotiable Instruments Act does not bar insolvency proceedings. It admitted Rexel India Pvt Ltd's application to initiate the corporate insolvency resolution process against Proto D Industries Pvt Ltd. |
| SERVICE - Supreme Court: Selection Criteria Cannot be Altered After Interviews are Conducted |
| Tue, 02 Dec 2025 16:46:55 IST |
| SC reaffirmed that selection criteria cannot be changed after the final evaluation stage. It dismissed the J&K Services Selection Board's appeal, directing the creation of an additional post for candidates affected by post-interview changes in Forester recruitment, deeming such modifications unlawful. |
| CRIMINAL - Supreme Court: Prosecutor Cannot Neglect Duty to Court in Pursuit of Securing Conviction |
| Tue, 02 Dec 2025 16:46:46 IST |
| Supreme Court, while overturning the murder convictions of three individuals, emphasized that public prosecutors must act independently and assist the court, rather than merely seeking convictions at all costs, highlighting the need for impartiality and adherence to duty in criminal proceedings. |
| MEDIA AND COMMUNICATION - Delhi HC: Parties Must First Ask Social Media Platforms to Remove Content Before Seeking Injunction |
| Tue, 02 Dec 2025 16:46:37 IST |
| Delhi High Court held that anyone seeking urgent removal of objectionable online content must first approach the relevant social media platform before seeking a court injunction. The court noted that intermediaries generally do not oppose such takedown requests. |
| CRIMINAL - Kerala HC: Further Probe under Section 173(8) CrPC Allowed Only by Original Investigating Agency |
| Tue, 02 Dec 2025 16:46:29 IST |
| Kerala High Court reaffirmed that any further investigation under Section 173(8) of the CrPC must be carried out only by the agency that conducted the original probe, and cannot be handed over to a different investigating authority. |
| FEMA - Delhi HC: FEMA Summons Follow CPC, Not CrPC; ED May Call Women to Office For Statement Recording |
| Tue, 02 Dec 2025 16:46:18 IST |
| Delhi HC ruled that summons issued u/s 37 of FEMA are governed by the CPC, not the Criminal CrPC. The court noted that these powers mirror those u/s 131 of Income Tax Act, clarifying that FEMA summons form part of a civil-administrative process distinct from criminal investigations under the PMLA. |
| CAPITAL MARKET - Bombay HC: SEBI Exercised Due Care and Caution in Approving the Wework India IPO Proposal |
| Tue, 02 Dec 2025 16:46:09 IST |
| Bombay High Court held that SEBI exercised "due care and caution" in approving the WeWork India IPO, dismissing petitions claiming the regulator ignored complaints about inadequate disclosures in the offer documents of the company's Indian subsidiary. |
| CYBER LAWS - Rajasthan HC Orders Cyber Safety Reforms, Covering Influencer Rules and Aadhaar-Linked Digital IDs |
| Tue, 02 Dec 2025 16:45:58 IST |
| Rajasthan HC issued several directives to state departments to address cybercrime, AI misuse, and deepfakes, aiming to strengthen digital safety. The court gave the orders while hearing bail pleas of two youths accused of posing as Sub-Inspectors and extorting over Rs. 2 crore from an elderly couple |
| CRIMINAL - Supreme Court: Bail Cannot be Granted Solely on Parity; Accused's Specific Role Must be Assessed |
| Mon, 01 Dec 2025 17:35:52 IST |
| Supreme Court set aside the Allahabad High Court's bail order granted on the ground of parity, holding that bail cannot be granted solely based on parity without examining the accused's specific role in the alleged offence. |
| BANKING - SC: Cheque Dishonour Complaints Must be Filed at the Payee's Home Branch under S.142(2)(A) |
| Mon, 01 Dec 2025 17:35:41 IST |
| Supreme Court held that complaints arising from the dishonour of account payee cheques must be filed only in the court having jurisdiction over the branch where the payee maintains their bank account, as per Section 142(2)(a) of the Negotiable Instruments Act. |
| INSOLVENCY - SC: Terminated Contract is Not a Corporate Debtor's Asset and a Moratorium Cannot Revive it |
| Mon, 01 Dec 2025 17:35:31 IST |
| Supreme Court held that a lawfully terminated contract before the start of insolvency proceedings cannot be considered an asset of the corporate debtor and therefore does not receive the protection of the moratorium under Section 14 of the Insolvency and Bankruptcy Code. |
| ARBITRATION - Supreme Court: No Review or Appeal is Maintainable Against an Order Appointing an Arbitrator |
| Mon, 01 Dec 2025 17:35:23 IST |
| Supreme Court has observed that "Once an arbitrator is appointed, the arbitral process must proceed unhindered. There is no statutory provision for review or appeal from an order under Section 11, which reflects a conscious legislative choice." |
| PROPERTY - Supreme Court: Property Transferred Before Filing a Suit Cannot be Attached under Order 38 Rule 5 |
| Mon, 01 Dec 2025 17:35:13 IST |
| Supreme Court clarified that when a property is transferred through a registered sale deed before the institution of a suit, it cannot be subjected to attachment before judgment under Order XXXVIII Rule 5 of the CPC, as such transfers fall outside the provision's scope. |
| FAMILY - Kerala HC: Applications under the Muslim Women's Divorce Act Have a 3-Year Limitation Period |
| Mon, 01 Dec 2025 17:35:05 IST |
| Kerala High Court has reaffirmed that Article 137 of the Limitation Act applies to applications under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, upholding the earlier view in Hassainar v. Raziya that such claims are governed by a three-year limitation period. |
| CONSTITUTION - J&K&L HC: Obtaining a Passport is a Constitutional Right; Citizens Need Not Prove Travel Necessity |
| Fri, 28 Nov 2025 17:44:46 IST |
| J&K and Ladakh High Court held that the right to a passport stems from a citizen's fundamental right to personal liberty, ruling that no one is required to show any compelling or urgent need for foreign travel to obtain a passport or No Objection Certificate (NOC). |
| SALES TAX/VAT - Tripura HC: Tax Authorities Cannot Revive Repealed VAT Powers or Retain Deposits Without Law |
| Fri, 28 Nov 2025 17:44:36 IST |
| Tripura HC held that show-cause notices under Section 77 of the Tripura VAT Act, issued nine years after its repeal post-GST, are arbitrary, illegal, and malafide. The Court also ruled that the State cannot retain VAT security deposits, as GST no longer mandates them for transporters. |
| ARBITRATION - Calcutta HC: Post-Award Claim For Municipal Tax Reimbursement is Not Maintainable under Section 9 |
| Fri, 28 Nov 2025 17:44:27 IST |
| Calcutta High Court held that a partner cannot seek reimbursement of municipal tax through a post-award petition under Section 9 of the Arbitration Act, since it is a substantive monetary dispute that must be adjudicated under Section 34 of the Act. |
| ARBITRATION - Madras HC: Arbitrator Can't Pierce Corporate Veil to Bind Non-Signatory and Partly Sets Aside Award |
| Fri, 28 Nov 2025 17:44:18 IST |
| Madras High Court partially set aside an arbitral award, ruling that an arbitrator cannot pierce the corporate veil or treat a non-signatory as an alter ego to impose liability, while modifying the award to order repayment of a ?2.5-crore loan with interest. |
| CIVIL - Kerala HC Orders Emergency Electric Fencing at Tribal School to Address Rising Wildlife Conflict |
| Fri, 28 Nov 2025 17:44:09 IST |
| Kerala High Court directed authorities to install electric fencing around the Aralam Model Residential School, citing rising human-wildlife conflict in the Aralam Farm and TRDM (Tribal Rehabilitation Development Mission) areas, especially after relocating 257 students and 47 teachers to the farm. |
| CRIMINAL - Kerala HC Upholds Life Terms For Five, Acquits Two in Renjith Johnson Murder, Says TIP Not Needed |
| Fri, 28 Nov 2025 17:44:00 IST |
| Kerala High Court upheld the conviction of five accused in the 2018 abduction and murder of Renjith Johnson, holding that a test identification parade was unnecessary since Johnson's mother had ample opportunity to see the accused, while two others were acquitted for lack of evidence. |
| INTELLECTUAL PROPERTY RIGHTS - Bombay HC: Drug Names Using International Non-Proprietary Names Cannot be Monopolized |
| Thu, 27 Nov 2025 18:14:56 IST |
| Bombay High Court refused Aristo Pharmaceutical's plea for an interim injunction in its trademark suit against Healing Pharma, ruling that pharmaceutical companies cannot claim exclusive rights over drug names derived from International Non-Proprietary Names (INNs). |
| NARCOTICS - HP HC: Mixing Contraband Pouches Before Sampling Raises Serious Doubts About Accused's Possession |
| Thu, 27 Nov 2025 18:14:47 IST |
| Himachal Pradesh High Court granted bail to a Nepali national accused of possessing commercial opium, noting that the investigation was flawed because all contraband pouches were mixed before sampling, casting serious doubt on the accused's actual possession. |
| COMMERCIAL - SC: Administrative Orders Must be Based on Stated Reasons and Cannot Add New Grounds Later |
| Thu, 27 Nov 2025 18:14:37 IST |
| Supreme Court reiterated that a government order can only be defended based on the reasons stated within it, and these reasons cannot be supplemented or improved later through additional grounds presented in affidavits filed in court. |
| CRIMINAL - Supreme Court: The Growing Trend of Succeeding Benches Overturning Earlier Judgments is Troubling |
| Thu, 27 Nov 2025 18:14:26 IST |
| Supreme Court has criticized bench hunting, where litigants approach a later bench to overturn prior rulings, warning that allowing this trend undermines Article 141 by eroding the finality of judgments, as no decision could remain binding if a subsequent bench favors its own view. |
| ENVIRONMENT - SC Halts Deer Translocation From Delhi's AN Jha Park And Orders a Probe into DDA Negligence |
| Thu, 27 Nov 2025 18:14:16 IST |
| Supreme Court has halted the translocation of spotted deer from Delhi's A.N. Jha Deer Park to Rajasthan after noting a troubling pattern of negligence by the Delhi Development Authority during earlier translocation efforts, and ordered an investigation into the lapses. |
| CRIMINAL - Orissa HC: Convict's Refusal to Appeal Through Legal Aid Must be Recorded in Writing |
| Thu, 27 Nov 2025 18:14:06 IST |
| Orissa High Court has directed all District Legal Services Authorities to obtain a convict's written refusal before foregoing free legal aid for filing a Jail Criminal Appeal, ensuring that no indigent or deserving prisoner is denied the opportunity to challenge a conviction. |
| CIVIL - Kerala HC: Hospitals Must Display Rates and Cannot Deny Emergency Care For Lack of Advance Payment |
| Thu, 27 Nov 2025 18:13:55 IST |
| Kerala High Court has dismissed appeals by the Indian Medical Association and the Kerala Private Hospitals Association, upholding the Single Bench's decision that validated the provisions of the Kerala Clinical Establishments Act and its corresponding Rules. |
| CRIMINAL - Allahabad HC: Police Report in Non-Cognizable Offence is a Complaint; Accused Must Be Heard First |
| Thu, 27 Nov 2025 18:13:45 IST |
| Allahabad High Court recently held that a charge-sheet filed for a non-cognizable offence must be treated by the Magistrate as a 'complaint' rather than a police or state case, in line with the Explanation to Section 2(1)(h) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). |
| INSOLVENCY - NCLT Kochi: CoC May Invite Fresh Bids, Regulations Only Restrict Alteration of Existing Bids |
| Wed, 26 Nov 2025 17:24:52 IST |
| NCLT Kochi Bench clarified that the IBBI Regulations, 2016, limit only the modification of an existing Expression of Interest and do not bar the Committee of Creditors from issuing a fresh call for EOIs. |
| CIVIL - SC Auction Sale under Order XXI Rule 90 CPC Cannot Be Challenged on Pre-Proclamation Grounds |
| Wed, 26 Nov 2025 17:24:43 IST |
| Supreme Court held that a judgment-debtor cannot challenge a completed auction sale at a belated stage, noting that under Order XXI Rule 96(3) CPC, objections must be raised before the sale proclamation, and belated challenges after completion are impermissible. |
| CIVIL - Supreme Court: Letter of Intent is a 'Promise in Embryo', Rights Arise Only After Conditions Met |
| Wed, 26 Nov 2025 17:24:33 IST |
| Supreme Court held that a Letter of Intent (LoI) does not grant enforceable or vested rights until all specified conditions are met, upholding the Himachal Pradesh government's cancellation of an LoI issued to a private firm for supplying electronic Point-of-Sale (ePoS) devices for the PDS. |
| CUSTOMS - Delhi HC: Oral Waiver of a Show-Cause Notice is Invalid And Continued Detention of Goods is Unlawful |
| Wed, 26 Nov 2025 17:24:22 IST |
| Delhi High Court held that the Customs Department cannot lawfully continue detaining or seizing goods when the show-cause notice or personal hearing has only been waived orally, ruling that such oral waivers have no legal validity and render continued detention illegal. |
| CUSTOMS - Delhi HC: Statements to Customs under Section 108 During Goods Seizure Aren't Admissible As Evidence |
| Wed, 26 Nov 2025 17:24:12 IST |
| Delhi High Court held that statements made by an assessee to Customs officials under Section 108 of the Customs Act, 1962 at the time of seizure of goods are not admissible as evidence in a court of law, emphasising that such statements cannot be relied upon for prosecution. |
| CUSTOMS - Delhi HC: Extension to Issue SCN U/S 110 of The Customs Act Must be Granted Before Six Months Expire |
| Wed, 26 Nov 2025 17:24:02 IST |
| Delhi High Court clarified that the six-month extension permitted under Section 110 of the Customs Act, 1962 for issuing a show-cause notice after goods are detained must be granted before the initial six-month period expires, and cannot be invoked once that time window has lapsed. |
| CRIMINAL - Delhi High Court: Assets From Illegal Cricket Betting are Proceeds of Crime Attachable by ED |
| Wed, 26 Nov 2025 17:23:53 IST |
| Delhi High Court held that although cricket betting is not an independent predicate offence under the PMLA, the Enforcement Directorate can still attach property generated from such illegal activity, noting that Section 2(1)(u) of the Act gives a broad definition of proceeds of crime. |
| CRIMINAL - Patna High Court: Mere Two-And-A-Half-Year Incarceration is Not Sufficient for Bail under UAPA |
| Tue, 25 Nov 2025 17:25:54 IST |
| Patna High Court held that cases involving national security and public safety under UAPA are unlike ordinary criminal matters, and mere incarceration of two and a half years does not entitle an accused to bail, given the serious security concerns involved. |
| INSOLVENCY - NCLT Kochi: Sec 7 Insolvency Cannot be Filed Against Guarantor Without First Enforcing the Guarantee |
| Tue, 25 Nov 2025 17:25:44 IST |
| NCLT Kochi held that a financial creditor cannot directly initiate Section 7 insolvency proceedings against a corporate guarantor without first enforcing the guarantee under the contract and pursuing action against the principal borrower, ensuring proper procedural compliance. |
| INSOLVENCY - Supreme Court: Section 7 IBC Application Cannot be Rejected for Curable Defects in Affidavit |
| Tue, 25 Nov 2025 17:25:34 IST |
| Supreme Court held that procedural defects in a Section 7 IBC application, including issues in the affidavit, are curable and cannot justify summary rejection, emphasizing that such minor errors should not bar a creditor from initiating insolvency proceedings. |
| CRIMINAL - Supreme Court: Treating Every Sour Relationship as Rape Undermines the Seriousness of the Offence |
| Tue, 25 Nov 2025 17:25:24 IST |
| Supreme Court quashed a rape case against an advocate, holding that the relationship was consensual and not based on any false promise of marriage, and observed that the woman's allegations arose only after the relationship soured, making the charge unsustainable. |
| CRIMINAL - Kerala HC: Arrest is Illegal if Accused isn't Produced in 24 Hours and Rearrest From Prison is Barred |
| Tue, 25 Nov 2025 17:25:15 IST |
| Kerala High Court, invoking its inherent powers under Section 528 BNSS, set aside a remand order and granted bail to an NDPS accused, holding that his arrest was invalid since he was not produced before the magistrate within the 24 hours required under Article 22(2) of the Constitution. |
| INTELLECTUAL PROPERTY RIGHTS - Delhi HC Rules That 'Hermès' and the 3D Shape of its 'Birkin' Bag are Well-Known Trademarks in India |
| Tue, 25 Nov 2025 17:25:05 IST |
| Delhi High Court has recognised the three-dimensional shape of Hermès' iconic Birkin bag, along with the "Hermès" name and its stylised logos, as well-known trademarks in India, affirming the brand's strong trademark protection. |
| FAMILY - Chhattisgarh HC: Father Must Provide Maintenance and Marriage Expenses to Unmarried Adult Daughter |
| Tue, 25 Nov 2025 17:24:52 IST |
| Chhattisgarh High Court has ruled that a father is both legally and morally obligated to provide maintenance and marriage expenses to his daughter, and this responsibility continues even after she attains the age of majority. |
| ARBITRATION - Supreme Court: Indian Courts Cannot Appoint Arbitrators for Arbitrations Seated Outside India |
| Mon, 24 Nov 2025 18:44:06 IST |
| Supreme Court held that Indian courts cannot appoint arbitrators for international commercial arbitrations governed by foreign law and seated abroad, ruling that jurisdiction is lost regardless of any party's Indian nationality once the contract provides for foreign-seated arbitration. |
| BANKING - Supreme Court: Provident Fund Dues Have Priority over a Bank's Claim under the SARFAESI Act |
| Mon, 24 Nov 2025 18:43:57 IST |
| Supreme Court held that employees' provident fund dues under the EPF Act take precedence over banks' claims under the SARFAESI Act, reaffirming that the statutory first charge of EPF overrides the priority granted to secured creditors in Section 26E of the SARFAESI Act. |
| LAND ACQUISITION - SC: Landowners Accepting Compensation Settlements Cannot Later Claim Statutory Benefits |
| Mon, 24 Nov 2025 18:43:48 IST |
| Supreme Court held that landowners who voluntarily enter compensation agreements under the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 cannot later claim additional statutory benefits, including interest, beyond the agreed settlement. |
| CRIMINAL - Supreme Court: Endless Investigation and Long Delay in Filing Chargesheet Can Justify Quashing Case |
| Mon, 24 Nov 2025 18:43:38 IST |
| Supreme Court held that trial courts remain empowered to order further investigation and must seek explanations from investigating agencies for significant delays in filing supplementary charge sheets, emphasizing that investigations cannot be allowed to continue endlessly. |
| INSOLVENCY - NCLAT: NCLT Cannot Change Capital Structure of a Legally Compliant Successful Auction Purchaser |
| Mon, 24 Nov 2025 18:43:28 IST |
| NCLAT held that the NCLT cannot alter the capital structure proposed by a successful auction purchaser when it is legally compliant, unopposed by stakeholders or the liquidator, and does not violate any law, reaffirming the purchaser's rights under the insolvency process. |
| INSOLVENCY - NCLAT Delhi: Advance under Land-Development MoU is not Financial Debt and Cannot Trigger CIRP |
| Mon, 24 Nov 2025 18:43:19 IST |
| NCLAT held that advances paid under a 2013 land-development MoU for land in Noida do not constitute financial debt under the IBC, upholding the dismissal of insolvency applications filed by Airwil JKM and JKM Infrastructure against Cadillac Infotech. |
| CUSTOMS - Guj HC: Edible Crude Palm Kernel Oil Qualifies for Duty Exemption; End-Use Condition not Applicable |
| Mon, 24 Nov 2025 18:43:09 IST |
| Gujarat High Court quashed a Rs. 464 crore duty demand on edible crude palm kernel oil, ruling that the imported oil qualifies for customs duty exemption even if it requires refining, and the 'end-use condition' in the Exemption Notification does not apply. |
| MOTOR VEHICLES - Kerala HC: Forklifts and Factory Cranes Are Motor Vehicles and Must be Registered under MV Act |
| Mon, 24 Nov 2025 18:43:00 IST |
| Kerala High Court held that forklifts and cranes used solely inside factory premises are still "motor vehicles" under Section 2(28) of the Motor Vehicles Act, requiring registration and tax. The court upheld the Motor Vehicles Department's bar on using unregistered machines. |
| INSOLVENCY - Bombay HC: Insolvency Cannot be Used to Evade a Family Court's Maintenance Order |
| Mon, 24 Nov 2025 18:42:51 IST |
| Bombay High Court held that the Presidency-Towns Insolvency Act, 1909 cannot be used to frustrate or indirectly stay a Family Court's maintenance order, observing that insolvency relief cannot undermine a subsisting maintenance directive or obstruct its execution. |
| CRIMINAL - Delhi HC: ED Can Search Anyone Holding Crime Proceeds, not Just Those Named in Complaint |
| Fri, 21 Nov 2025 18:25:01 IST |
| Delhi High Court held that Section 17 of the PMLA does not limit the ED to searching only premises of persons named in the prosecution complaint, and that searches may also be conducted at locations of individuals who possess proceeds of crime even if they are not accused. |
| ARBITRATION - Delhi HC: Arbitrator Controls Evidence and Appellate Courts Cannot Reassess Facts |
| Fri, 21 Nov 2025 18:24:52 IST |
| Delhi High Court reaffirmed that an arbitrator is the master of the evidence, and courts, while exercising appeal or supervisory powers, cannot reappreciate factual findings in an arbitral award. It added that Section 34 provides only limited, restrictive jurisdiction. |
| CRIMINAL - Supreme Court: Endless Investigations and Long Delays in Chargesheets Can Justify Quashing |
| Fri, 21 Nov 2025 18:24:42 IST |
| Supreme Court held that trial courts do not become functus officio after allowing further investigation and must seek reasons for long delays in filing supplementary charge sheets. |
| LAND ACQUISITION - SC Holds Landowners Who Accept Compensation Settlements Cannot Later Seek Statutory Benefits |
| Fri, 21 Nov 2025 18:24:33 IST |
| Supreme Court held that landowners who voluntarily accept a compensation settlement under the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 cannot later invoke statutory provisions to seek additional benefits like interest, as the agreement bars such subsequent claims. |
| BANKING - Supreme Court: Provident Fund Dues Have Priority over a Bank's Claim under the SARFAESI Act |
| Fri, 21 Nov 2025 18:24:24 IST |
| SC held that employees' provident fund dues take precedence over banks' priority claims when a company's assets are sold under the SARFAESI Act. It ruled that the statutory first charge under the EPF Act overrides the priority granted to secured creditors under Section 26E of the SARFAESI Act. |
| CIVIL - Madras HC: Police Superintendent not Liable For IO's Delay In Filing Chargesheet or Closure Report |
| Fri, 21 Nov 2025 18:24:14 IST |
| Madras High Court held that a Superintendent of Police cannot be held liable for investigating officers' negligence in delaying final or closure reports. While SPs must monitor investigations, they are not responsible for such lapses. The court set aside disciplinary action against five SPs. |
| CRIMINAL - Supreme Court: TIP is Unreliable if the Witness Saw the Accused Beforehand |
| Thu, 20 Nov 2025 18:31:53 IST |
| Supreme Court acquitted a man accused of killing an elderly man during a robbery, holding that the sole eyewitness's identification made eight years later despite weak eyesight and contradictions was unreliable, leaving no substantive evidence linking him to the crime. |
| CRIMINAL - SC: If Some Offences are Quashed By Compromise, the FIR For The Same Incident Cannot Continue |
| Thu, 20 Nov 2025 18:31:43 IST |
| Supreme Court set aside the Bombay High Court's Aurangabad Bench order that partially quashed an FIR, dropping some charges but retaining the dacoity charge, ruling that all offences arose from a single transaction and one continuous incident, making the FIR unsustainable. |
| ARBITRATION - SC: Interest Rate Disputes Doesn't Fall under Public Policy to Set Aside Arbitration Awards |
| Thu, 20 Nov 2025 18:31:33 IST |
| Supreme Court upheld a 24% interest rate in an arbitral award, ruling that the rate, agreed upon in a commercial loan, did not violate Indian public policy and therefore could not be set aside, reinforcing that interest rate disputes alone do not constitute a public policy violation. |
| SERVICE - SC: No Quota Applies For Judicial Officers in District Judge Posts, Issuing Seniority Guidelines |
| Thu, 20 Nov 2025 18:31:23 IST |
| Supreme Court ruled out any special quota for promotee judges in District Judge posts, noting no nationwide disparity in Higher Judicial Service. It held that perceived "heartburn" cannot justify artificial classifications, and seniority in HJS is determined by roster, not recruitment source. |
| CIVIL - SC: Assigning a Decree For Specific Performance of a Sale Agreement Does Not Require Registration |
| Thu, 20 Nov 2025 18:31:11 IST |
| Supreme Court held that a decree for specific performance of a sale agreement can be assigned without registration, as such decrees do not create any proprietary interest, and therefore, compulsory registration is not required. |
| CONSTITUTION - SC: Governors and President Have No Fixed Timeline To Assent To Bills; "Deemed Assent" is Invalid |
| Thu, 20 Nov 2025 18:31:01 IST |
| Answering a Presidential reference, the Supreme Court held that it cannot set timelines for the President or Governors to assent to bills under Articles 200/201, and that "deemed assent" is unconstitutional, as it violates the separation of powers and encroaches on the Governor's functions. |
| CONSTITUTION - Delhi HC: Economic Offender Cannot Seek Travel Abroad For Medical Treatment When Available In India |
| Thu, 20 Nov 2025 18:30:52 IST |
| Delhi High Court held that an economic offender cannot seek travel abroad for medical treatment when adequate care is available in India, noting that while personal liberty under Article 21 is recognized, it must yield to public interest in ensuring accountability for serious economic offences. |
| CONSTITUTION - Provisions of Tribunal Reforms Act 2022 Struck Down as Unconstitutional |
| Wed, 19 Nov 2025 18:26:55 IST |
| SC held Tribunal Reforms Act 2022 violates the constitutional principles of separation of powers and judicial independence. The Act amounts to "legislative overruling" of binding judgments without curing any defects |
| SERVICE - SC: Career Progression to Higher Echelons of Judiciary is Neither a Matter of Right Nor Entitlement |
| Wed, 19 Nov 2025 18:26:45 IST |
| SC while issuing related guidelines stated that there is no basis to consider previous experience as Civil Judge as intelligible differentia creating reasonable classification to favour RPs or Limited Department Competitive Examinations (LDCE) candidates in selection for higher grades in judiciary |
| CIVIL - Delhi HC: MYAS Not Bound to 'Rubber-Stamp' International Federation Choices |
| Wed, 19 Nov 2025 18:26:36 IST |
| Delhi HC stated that recognition of an NSF cannot be at directives of any International Federation. MYAS is not expected to act as a mere 'rubber stamp' and grant recognition to whichever body / entity is handpicked by International Federation |
| CIVIL - AP HC: Fulfilling Rehabilitation Promises to Displaced is State's Constitutional Obligation |
| Wed, 19 Nov 2025 18:26:26 IST |
| AP HC emphasized that when the Government promises jobs or rehabilitation to land-displaced persons/families, it must honour those commitments without technical excuses. Prompt, sincere implementation is essential to reduce the hardships faced after displacement |
| CRIMINAL - SC Holds That Prior Opportunity to See Accused Can Render Test Identification Proceeding Unreliable |
| Tue, 18 Nov 2025 18:22:47 IST |
| Supreme Court acquitted a man accused of murdering an elderly victim during a robbery, discarding the sole eyewitness identification made eight years later, citing her weak eyesight and inconsistent testimony, and noting that prior opportunity to see the accused made the TIP unreliable. |
| CRIMINAL - SC Holds That if Some Offences Are Quashed On Compromise, The FIR Cannot Continue For Others |
| Tue, 18 Nov 2025 18:22:37 IST |
| Supreme Court set aside the Bombay High Court's Aurangabad Bench order that partially quashed an FIR, holding that when some offences from a single transaction are quashed on compromise, the FIR cannot be sustained for remaining offences arising from the same continuous incident. |
| ARBITRATION - Bom HC: Arbitrator Who Halts Proceedings over Unpaid Revised Fees Effectively Withdraws From Office |
| Tue, 18 Nov 2025 18:22:28 IST |
| Bombay High Court held that an arbitrator who indefinitely suspended proceedings over non-payment of revised fees and failed to conduct hearings is deemed to have withdrawn under Section 15, with their mandate also expiring under Section 29A, requiring a substitute arbitrator. |
| TENANCY - Delhi HC: Landlord's Rent Control Act Rights Cannot be Waived by Contract With Tenant |
| Tue, 18 Nov 2025 18:22:19 IST |
| Delhi High Court held that a landlord's rights under the Delhi Rent Control Act cannot be waived through a private contract with a tenant, the court noted that any agreement restricting legal remedies is void under Sections 28 and 23 of the Contract Act. |
| CIVIL - Delhi High Court: Counsel Cannot Treat Passovers or Adjournments as an Automatic Right |
| Tue, 18 Nov 2025 18:22:08 IST |
| Delhi High Court cautioned that passovers and adjournments are courtesies, not rights, noting that counsel must manage their schedules responsibly so the opposite side does not suffer, the court observed while addressing a lawyer's mistaken belief to the contrary. |
| FAMILY - Delhi High Court: Unproven Immoral Conduct of a Parent Cannot Influence Child Custody Decisions |
| Tue, 18 Nov 2025 18:21:59 IST |
| Delhi High Court held that child-custody decisions cannot hinge on unproven allegations about a parent's moral conduct, emphasizing that the welfare of the minor is paramount and overrides any competing legal rights of the parents. |
| ARBITRATION - Madras HC: Repeated Remand Orders U/S 37 A&C Act are Unworkable Without Reversing Merits |
| Tue, 18 Nov 2025 18:21:48 IST |
| Madras High Court held that multiple remand orders under Section 37 of the Arbitration Act were unworkable because earlier findings on merits were never reversed, noting that the CPC does not allow a de novo remand without first overturning such findings, making the situation unprecedented. |
| CIVIL - Supreme Court: Pendency of Writ Proceedings Does Not Bar Availing Alternative Statutory Remedies |
| Mon, 17 Nov 2025 18:33:45 IST |
| Supreme Court observed that the mere pendency of a writ petition does not exempt litigants from exhausting alternative statutory remedies, which are time-bound and provided under special laws, before approaching the Court for relief. |
| EDUCATION - SC Informed Accessibility Facilities for Visually Impaired Candidates in AIBE and CLAT Expected Soon |
| Mon, 17 Nov 2025 18:33:35 IST |
| Supreme Court was informed that accessibility facilities for visually impaired candidates, including JAWS screen reader, customised keyboards, and the option of a scribe, for AIBE and future CLAT exams, are expected to be implemented from next year. |
| DIRECT TAXATION - SC: Rejection of Income Tax Settlement Application Doesn't Bar Assessee from Contesting Assessment |
| Mon, 17 Nov 2025 18:33:25 IST |
| Supreme Court observed that rejection of an assessee's settlement application by the Income Tax Settlement Commission, without offering settlement terms, does not prevent the assessee from contesting the assessment order on its merits under the Income Tax Act. |
| PROPERTY - SC: Its 2024 Order Letting Union Review Benami Act Cases Based on 'Ganpati Dealcom' was Incorrect |
| Mon, 17 Nov 2025 18:33:16 IST |
| Supreme Court dismissed the Union Government's plea to review Benami Act cases decided under the 2022 Ganpati Dealcom judgment, observing that a later overruling of a precedent is not a valid ground for review. |
| ENVIRONMENT - SC Directs States to Notify Eco-Sensitive Zones Around Tiger Reserves and Regulate Tiger Safaris |
| Mon, 17 Nov 2025 18:33:06 IST |
| Supreme Court issued directives on tiger safaris, reserve management, and protection of sensitive tiger landscapes. Accepting the Expert Committee's findings on Corbett violations, the bench mandated that all States implement these measures within strict timelines. |
| CRIMINAL - Bom HC: SEBI Settlement Doesn't Protect Accused from Criminal Liability in Serious Economic Offences |
| Mon, 17 Nov 2025 18:32:56 IST |
| Bombay High Court held that settling SEBI adjudication proceedings does not absolve an accused from criminal liability in serious economic offences. Payment under SEBI's consent mechanism cannot be a ground to quash CBI-initiated criminal proceedings for alleged IPO manipulation. |
| EXCISE - Cal HC: CESTAT Appeals Abate After Resolution Plan Success; CENVAT Reversal Requires No Pre-Deposit |
| Mon, 17 Nov 2025 18:32:45 IST |
| Calcutta High Court upheld the disallowance of ?165 crores CENVAT credit on steel structures, parts, and cement. The court ruled that appeals before CESTAT abated post-resolution and the Tribunal lacked jurisdiction after the corporate insolvency of Tata Steel Bhushan Steel Ltd. |
| SERVICE - J&K & L HC: Departmental Proceedings Not Halted by Pending Criminal Case Without Showing Prejudice |
| Mon, 17 Nov 2025 18:32:35 IST |
| J&K & Ladakh High Court held that departmental proceedings cannot be stayed solely due to a pending criminal case. A stay is justified only if the case is serious with complex issues, and continuing disciplinary action would prejudice the employee's defence. |
| CRIMINAL - Calcutta High Court: Juvenile Accused Eligible to Apply for Anticipatory Bail under Section 438 CrPC |
| Mon, 17 Nov 2025 18:32:25 IST |
| Calcutta High Court held that juveniles can file anticipatory bail applications under Section 438 CrPC. The court clarified that the Juvenile Justice Act, 2015, does not bar pre-arrest bail, and denying it would infringe a child's fundamental right to personal liberty. |
| SERVICE - Allahabad HC: Employees of Constituent Institutions are not Entitled to Central University Benefits |
| Mon, 17 Nov 2025 18:32:16 IST |
| Allahabad High Court recently ruled that employees of constituent institutions cannot claim benefits of Central University staff in the absence of a specific policy. The court held that merely being part of the university does not entitle them to the General Provident Fund Scheme. |
| NARCOTICS - SC: Long Custody or Trial Delay Not Ground for Bail in Commercial Narcotic Cases if S.37 Unmet |
| Fri, 14 Nov 2025 18:52:45 IST |
| Supreme Court held that trial delays or prolonged custody alone cannot justify bail in commercial quantity narcotics cases if Section 37 NDPS Act conditions are unmet, setting aside Bombay High Court orders granting bail to Vigin K Varghese in major DRI cocaine and methamphetamine cases. |
| CONSUMER - Supreme Court: Company Buying Software for Efficiency and Profit Is Not a 'Consumer' under CPA |
| Fri, 14 Nov 2025 18:52:34 IST |
| Supreme Court ruled that a person buying a product for commercial purposes linked to profit generation cannot be a consumer under the Consumer Protection Act. The court upheld the dismissal of a software company's complaint over a defective license used for business automation. |
| SERVICE - SC: Customer-Banker Relationship Based on Mutual Trust, Postmaster's Reinstatement Quashed |
| Fri, 14 Nov 2025 18:52:23 IST |
| Supreme Court set aside the reinstatement of a Post Master removed for embezzling depositors' funds, ruling that merely repaying the misappropriated amount does not absolve an employee of misconduct, emphasizing that the customer-banker relationship is founded on mutual trust. |
| CRIMINAL - Punjab & Haryana High Court: Cyber Fraud Cases Uphold Public Trust, Cannot Be Quashed by Compromise |
| Fri, 14 Nov 2025 18:52:13 IST |
| Punjab & Haryana High Court observed that cyber fraud is a systemic offense undermining public trust and the digital economy, and therefore, such cases cannot be quashed merely based on a compromise or settlement between the complainant and the accused. |
| MOTOR VEHICLES - MP High Court: Allowing Minor to Drive Without Valid License Constitutes Breach of Insurance Policy |
| Fri, 14 Nov 2025 18:52:01 IST |
| Madhya Pradesh High Court held that permitting a minor to drive without a valid license constitutes a fundamental breach of the insurance policy. The court emphasized the duty of elders to prevent minors from engaging in acts, like driving, that require maturity and legal authorization. |
| CRIMINAL - Madras High Court Directs Expedited Trials in 216 Pending Criminal Cases Against MPs and MLAs |
| Fri, 14 Nov 2025 18:51:49 IST |
| Madras High Court directed trial courts to expedite criminal cases against sitting and former MPs and MLAs, prohibiting unnecessary adjournments in cases pending over five years, and ordered swift trials where no stay has been granted by higher courts. |
| CIVIL - J&K & Ladakh HC: Claims under Roshni Act Void Ab Initio, Ownership Rights Null from Inception |
| Fri, 14 Nov 2025 18:51:37 IST |
| J&K & Ladakh High Court held that the Roshni Act, 2001, being unconstitutional and void ab initio, cannot create any legal right or claim. Consequently, all actions, applications, and entitlements under the Act are null from inception, leaving no legal basis for ownership of State land. |
| MOTOR VEHICLES - MP High Court: Estranged Husband Entitled to Loss of Consortium Compensation After Wife's Death |
| Fri, 14 Nov 2025 18:51:26 IST |
| Madhya Pradesh High Court awarded compensation for loss of consortium to a man after his wife's death in a road accident, even though they were living separately. The court noted that consortium rights apply to legally recognized spousal, parental, and filial relationships. |
| CIVIL - Supreme Court: Counterclaim under Order 8 Rule 6A CPC Allowed Only Against Plaintiff |
| Thu, 13 Nov 2025 18:37:21 IST |
| Supreme Court reiterated that a defendant cannot file a counterclaim against co-defendants. It clarified that under Order 8 Rule 6A CPC, a counterclaim can only be filed against the plaintiff on a cause of action connected with the cause of action in the plaintiff's original suit. |
| TENANCY - Supreme Court: Tenant Must Pay Rent Despite Appeal Against Fixation Order Without Stay |
| Thu, 13 Nov 2025 18:37:12 IST |
| Supreme Court held that a tenant cannot avoid paying rent or evade eviction by citing a pending appeal against a "fair rent" order without obtaining a stay. The Court upheld eviction for wilful default, noting the tenant never sought a stay on the fixed fair rent despite appealing. |
| CRIMINAL - MP HC: Injury Not Required to Prove Attempt to Murder |
| Thu, 13 Nov 2025 18:37:03 IST |
| Madhya Pradesh High Court held that injury is not essential to constitute an attempt to murder under Section 307 IPC. The Court clarified that if an act is done with the intention or knowledge that it could cause death, the offender is guilty of attempt to murder. |
| SALES TAX/VAT - Bombay HC: Furnace Oil Not Part of 'Plant & Machinery', No Complete Sales Tax Set-Off |
| Thu, 13 Nov 2025 18:36:55 IST |
| Bombay High Court held that manufacturers cannot claim full sales tax set-off on furnace oil used in producing goods partly sold in Maharashtra and partly transferred out. The Court ruled a 6% reduction applies under Rule 41D(3)(a), as furnace oil is not part of the dispatched goods. |
| SERVICE - Delhi HC: Child Care Leave Not Absolute but Cannot Be Denied Arbitrarily |
| Thu, 13 Nov 2025 18:36:46 IST |
| Delhi High Court observed that child care leave for women government employees is not an automatic entitlement, but authorities cannot deny it arbitrarily or mechanically. The Court emphasized that the leave must be granted based on fair and reasonable consideration. |
| SERVICE - Kerala High Court: Widow's Remarriage No Bar to Compassionate Appointment |
| Thu, 13 Nov 2025 18:36:37 IST |
| Kerala High Court held that a widow's remarriage does not affect her statutory right to appointment under Rule 51B of the Kerala Education Rules, 1959. The court ruled that this vested right cannot be denied based on executive instructions for government employees. |
| CRIMINAL - Supreme Court Terms Delay in Framing Charges for 4 Years in Maharashtra Case 'Shocking' |
| Thu, 13 Nov 2025 18:36:27 IST |
| Supreme Court expressed strong displeasure with Maharashtra authorities for a four-year delay in framing charges against an undertrial, blaming co-accused on bail for the delay. The Court criticized officials for failing to ensure their presence before the trial court. |
| ENVIRONMENT - Supreme Court Bans Mining in and Around National Parks and Wildlife Sanctuaries |
| Thu, 13 Nov 2025 18:36:18 IST |
| Supreme Court reaffirmed that no mining shall be allowed within national parks, wildlife sanctuaries, or one kilometer around them. Extending its April 2023 order in the Goa Foundation case, the Court applied the mining ban uniformly across the entire country. |
| CONSTITUTION - Calcutta HC Disqualifies Politician Mukul Roy from Assembly under Anti-Defection Law |
| Thu, 13 Nov 2025 18:35:46 IST |
| Calcutta High Court disqualified senior leader Mukul Roy from the West Bengal Assembly, ruling that his move from the BJP to the Trinamool Congress after winning the 2021 Krishnanagar North seat violated the anti-defection law under the Constitution. |
| BANKING - Delhi HC: Post-Dated Cheques Given as Security Attract Section 138 NI Act After Liability Arises |
| Wed, 12 Nov 2025 18:15:50 IST |
| Delhi High Court ruled that post-dated cheques issued as security can attract Section 138 of the Negotiable Instruments Act, 1881, if they are dishonoured after the liability materialises. The court observed that such cheques secure payment for unfulfilled liabilities. |
| CIVIL - Kerala HC: Long-Term Posting of Same Police Officer at Sabarimala May Affect Transparency, Efficiency |
| Wed, 12 Nov 2025 18:15:41 IST |
| Kerala High Court directed the Chief Police Co-ordinator to provide details of all officers serving in key positions at Sannidhanam and Pamba, including their tenure. The court issued this order while reviewing a Special Commissioner's report. |
| MOTOR VEHICLES - SC: Insurers Must Compensate Accident Victims Despite Policy Breach, Can Recover From Owner |
| Wed, 12 Nov 2025 18:15:31 IST |
| Supreme Court held that insurers cannot avoid compensating motor accident victims despite a policy breach, reaffirming that they must first pay the victims and may later recover the compensation amount from the vehicle owner responsible for the breach. |
| CIVIL - SC: In Execution Petition, Decree-Holder Must Prove Violation by Judgment Debtor |
| Wed, 12 Nov 2025 18:15:22 IST |
| Supreme Court held that a decree cannot be executed on mere presumption. It clarified that the burden lies on the decree-holder to establish that the judgment debtor has violated the terms of the decree before seeking its execution. |
| CRIMINAL - SC: Upholding Surendra Koli's Conviction on Rejected Evidence Would Violate Articles 14 and 21 |
| Wed, 12 Nov 2025 18:15:12 IST |
| Supreme Court set aside Surendra Koli's last conviction in the Nithari killings, ruling that upholding it when similar cases based on the same evidence were dismissed would breach Articles 14 and 21, as it would create arbitrary disparity on identical evidentiary grounds. |
| EXCISE - SC: Externally Procured Parts Given For Assembly, Not Used in Manufacture, Not Liable to Excise Duty |
| Wed, 12 Nov 2025 18:15:01 IST |
| Supreme Court dismissed the Revenue Department's excise duty claim against a company that built a boiler at a client's site, ruling that externally procured parts supplied for assembly but not used by the manufacturer cannot be included for excise duty assessment. |
| CRIMINAL - Supreme Court: Ordering DNA Test is Unwarranted When Paternity Issue Has no Connection to Offence |
| Tue, 11 Nov 2025 17:50:10 IST |
| Supreme Court held that DNA tests cannot be routinely ordered to determine paternity, emphasizing the presumption of legitimacy for children born within wedlock. Such tests must be used only when essential, avoiding privacy intrusion or illegitimising a child, and not for "fishing inquiries." |
| SERVICE TAX - SC: Service Tax Not Applicable on Transfer of Title in Immovable Property |
| Tue, 11 Nov 2025 17:49:59 IST |
| Supreme Court clarified that the mere transfer of title in immovable property by sale does not constitute a "service" under the Finance Act, 1994. Therefore, such transactions are not subject to service tax and fall outside its scope, confirming that only actual services are taxable. |
| CIVIL - Supreme Court: Subsequent Purchaser Without Due Verification Bound by Previous Sale Agreement |
| Tue, 11 Nov 2025 17:49:50 IST |
| Supreme Court held that a subsequent purchaser who relies solely on the vendor's claims without due diligence cannot claim protection under Section 19(b) of the Specific Relief Act, 1963. The bench noted that prior agreements to sell, even if unilaterally cancelled, remain enforceable. |
| CRIMINAL - SC Mulls Guidelines After Accused in Lawyers' Robes Commits Murder in Court Premises |
| Tue, 11 Nov 2025 17:49:39 IST |
| Supreme Court highlighted the need for strict measures to curb violence in court premises. The court emphasized that hardened criminals, even if disguised in lawyers' robes, must face firm, swift action, while individual liberty can be safeguarded through appropriate directions. |
| CIVIL - SC: Rejection of Plaint is Appealable, but no Appeal Lies Against Order Refusing to Reject Plaint |
| Tue, 11 Nov 2025 17:49:28 IST |
| Supreme Court clarified under the Commercial Courts Act, 2015, that an order allowing rejection of a plaint is appealable under Section 13(1A). However, an order refusing to reject a plaint is not appealable and must be challenged via revision or an Article 227 petition, as applicable. |
| INSOLVENCY - NCLAT New Delhi: Public Auction Not Required for Sale of Encumbered Assets if Charge Holders Consent |
| Tue, 11 Nov 2025 17:49:19 IST |
| NCLAT New Delhi set aside the NCLT order directing independent bidding for Arshiya Limited's non-core assets during CIRP. The tribunal held that public auction is not mandatory for encumbered asset sales if secured creditors consent, under Regulation 29 of the CIRP Regulations. |
| CRIMINAL - SC Explains How 'Intention' & 'Knowledge' Decide if S.304 IPC Offence is Culpable Homicide Not Murder |
| Tue, 11 Nov 2025 17:49:09 IST |
| Supreme Court converted a man's conviction from murder under Section 302 to culpable homicide not amounting to murder under Section 304 Part I, noting he had no intention to kill but was aware that his actions could likely cause the victim's death. |
| CIVIL - Supreme Court: A Decree Declared 'Nullity' Can be Challenged at Any Stage, Including Execution |
| Tue, 11 Nov 2025 17:49:00 IST |
| Supreme Court observed that a decree declared a 'nullity' can be challenged at any stage, including execution. Citing Kiran Singh v. Chaman Paswan (1954), the court noted that the invalidity of such a decree can be raised whenever and wherever enforcement is sought. |
| SERVICE - Kerala HC: Father's Retirement Benefits Can Be Attached for Child Maintenance Despite S.60(1)(g) CPC |
| Tue, 11 Nov 2025 17:48:51 IST |
| Kerala High Court ruled that a father's retirement benefits can be attached to provide child maintenance, clarifying that the Section 60(1)(g) CPC exemption does not apply. |
| NARCOTICS - Ker HC: NDPS Case Stands Even if Contraband Listed in Ml, if Chemical Report Shows Equivalent Weight |
| Tue, 11 Nov 2025 17:48:41 IST |
| Kerala High Court held that stating the quantity of contraband under the NDPS Act in millilitres instead of grams does not invalidate the case, as long as the chemical analysis report confirms the equivalent weight. |
| CIVIL - MP High Court: Railways Liable for Deaths on Tracks if it Fails to Take Preventive Measures |
| Tue, 11 Nov 2025 17:48:31 IST |
| Madhya Pradesh High Court ruled that the Railways is liable to pay compensation for deaths occurring during unauthorized track crossings if it fails to implement adequate preventive measures. In this case, 3-year-old Rajesh and two women were run over while on the tracks. |
| SERVICE - Jharkhand HC: DACP Benefits Must Cover All Eligible Officers, not Just Litigating Ones |
| Mon, 10 Nov 2025 15:29:35 IST |
| Jhar. HC ruled that Dynamic Assured Career Progression (DACP) Scheme benefits must be granted to all eligible medical officers, not just those who filed petitions. The court held that once a policy is revived all within its scope deserve equal benefit regardless of whether they approached the court. |
| CRIMINAL - Kerala HC: Complainant Must be Informed if Probe Against FIR-Named Accused is Dropped |
| Mon, 10 Nov 2025 15:29:35 IST |
| Kerala High Court directed the State Police Chief to ensure that investigating officers notify complainants or their legal heirs when an accused named in the FIR is dropped. The court issued the order while dismissing an appeal. |
| PROPERTY - Kerala HC: Partial Specific Performance Not Allowed if Defendant Holds Undisputed Property Title |
| Mon, 10 Nov 2025 15:29:34 IST |
| Kerala High Court ruled that under Section 12(2) of the Specific Relief Act, 1963, a decree for partial specific performance cannot be granted if the defendant holds undisputed ownership of the entire property. |
| INSOLVENCY - NCLAT: Contract Termination for Performance Default Not Barred by CIRP Moratorium |
| Mon, 10 Nov 2025 15:29:34 IST |
| NCLAT, New Delhi, held that terminating a contract for long-standing performance defaults does not breach Section 14 of the Insolvency and Bankruptcy Code, 2016 (IBC). |
| INSOLVENCY - NCLAT: Liquidator Must Obtain NCLT Approval Before Conducting Private Sale |
| Mon, 10 Nov 2025 15:29:34 IST |
| National Company Law Appellate Tribunal (NCLAT) New Delhi held that a liquidator cannot conduct a private sale without NCLT approval under Regulation 33(2)(d) of the IBBI (Liquidation Process) Regulations, 2016 (LPR). |
| INSOLVENCY - NCLAT: Pre-COVID Defaults do not Exempt Debtors From Insolvency Proceedings |
| Mon, 10 Nov 2025 15:29:34 IST |
| National Company Law Appellate Tribunal (NCLAT) New Delhi upheld the initiation of CIRP against Majestic Hotels Ltd., holding that defaults before the COVID-19 suspension are not protected under Section 10A of the Insolvency and Bankruptcy Code, 2016 (IBC). |
| CONTRACT - SC: Unilateral Termination of Sale Agreement Invalid if Contract Does Not Permit it |
| Mon, 10 Nov 2025 15:29:34 IST |
| SC held that a party cannot unilaterally terminate a non-determinable agreement to sell under the Specific Relief Act, 1963, unless the contract is expressly determinable. It clarified that the aggrieved party can directly seek specific performance without first challenging the termination. |
| ENVIRONMENT - SC: Notice under Indian Forest Act Does not Transfer Private Forests to Maharashtra Law |
| Mon, 10 Nov 2025 15:29:34 IST |
| SC granted relief to Maharashtra's private forest owners, overturning the Bombay High Court's ruling that had vested ownership in the State based on an Indian Forest Act notice. Citing Godrej & Boyce Mfg. Co. Ltd. (2014), the Court held that mere notice does not transfer ownership under the MPFA. |
| CRIMINAL - SC: Court Cannot Probe Credibility of FIR Allegations While Entertaining Quashing Plea |
| Mon, 10 Nov 2025 15:29:34 IST |
| Supreme Court set aside the Madhya Pradesh High Court's order quashing an FIR under Sections 498A IPC and the Dowry Prohibition Act. The court held that courts cannot conduct a 'mini-trial' or assess the credibility of allegations at the quashing stage. |
| LAND ACQUISITION - SC: No Entitlement to Job as Compensation for Land Acquired under Land Acquisition Act |
| Mon, 10 Nov 2025 15:29:34 IST |
| Supreme Court dismissed a plea seeking employment in lieu of land acquired in 1998, holding that the Land Acquisition Act, 1894, does not confer such a right and that payment of compensation fulfills the State's obligation. |
| ARBITRATION - SC: Mere Mention of 'Arbitration' Does not Form Agreement Without Clear Intent |
| Mon, 10 Nov 2025 15:29:34 IST |
| Supreme Court upheld the Punjab and Haryana High Court's decision to refuse referring the dispute to arbitration. It noted that merely including the term "arbitration" in a clause does not compel arbitration unless the parties clearly intend to resolve disputes that way. |
| CRIMINAL - Bombay HC: Parents Saying Daughter was Unhappy, Wept Often not Enough to Convict under 498A IPC |
| Fri, 07 Nov 2025 17:57:10 IST |
| Bombay High Court ruled that a woman's husband or in-laws cannot be convicted under Section 498A IPC solely based on her parents' claims that she was unhappy in her marriage and often wept due to alleged harassment, stating such statements are insufficient proof of cruelty. |
| CIVIL - Kerala HC: Law Must be Amended to Hold Landowners Liable for Illegal Paddy Land Reclamation |
| Fri, 07 Nov 2025 17:57:00 IST |
| Kerala High Court observed that laws should be amended to hold landowners liable for illegal conversion of paddy lands. The remark came while hearing a writ appeal by a JCB owner seeking interim custody of his excavator, rented to a landowner for digging a wastewater pit. |
| SERVICE - P&H HC: Constitution isn't Privilege Charter; Reservation in Promotions Requires Statutory Amendment |
| Fri, 07 Nov 2025 17:56:50 IST |
| P&H HC held that reservation in promotion cannot be implemented through executive orders or policy without a statutory rule under Article 309. It noted the Health Department exceeded its authority by granting promotion benefits to SC juniors, as the relevant service rules had no such provision. |
| CRIMINAL - Delhi HC: Victim's Past or Character Cannot be Used to Suggest Consent in Assault Cases |
| Fri, 07 Nov 2025 17:56:39 IST |
| Delhi HC held that a victim's character, however blemished, cannot be used to imply consent in rape cases. The court noted that even a willing companion for consideration can be a victim, emphasizing this while hearing a plea to quash an FIR against a man accused of rape and unnatural sex. |
| GOODS AND SERVICES TAX - J&K&L HC: Paying Tax or GST Registration Doesn't Legalize Unlicensed Business Activities |
| Fri, 07 Nov 2025 17:56:30 IST |
| J&K & Ladakh High Court held that GST registration or tax payment does not authorize unlicensed business activity, emphasizing that taxation and licensing laws are separate, and compliance with one cannot override mandatory licensing requirements under the other. |
| ELECTION - Delhi HC: Not Here to Monitor Delhi University, but Students Must Follow Law During Elections |
| Fri, 07 Nov 2025 17:56:20 IST |
| Delhi High Court observed that while it cannot oversee the daily functioning of Delhi University, students cannot take the law into their own hands during DUSU elections. The remark came while hearing a plea on vandalism and defacement of public property by student candidates. |
| ELECTION - SC: Hiding a Candidate's Conviction Voids Election, Regardless of Whether it Influenced Results |
| Fri, 07 Nov 2025 17:56:10 IST |
| Supreme Court held that non-disclosure of a conviction suppresses material information, violating voters' right to an informed choice, and upheld the disqualification of a former councillor who failed to reveal her one-year imprisonment for a cheque dishonor case in her election affidavit. |
| CIVIL - SC: Judgment for Deceased Party is Null if Legal Heir was not Brought on Record Before Hearing |
| Fri, 07 Nov 2025 17:56:00 IST |
| Supreme Court held that a judgment in favor of a party who dies before their case is heard is null if their legal heirs are not brought on record. The bench noted that the appeal abates on the death of the appellant, making any judgment delivered in such cases legally ineffective. |
| CRIMINAL - SC: Arrest & Remand Illegal if Grounds Not Given in Language Arrestee Understands |
| Fri, 07 Nov 2025 17:55:50 IST |
| Supreme Court held that if the written grounds of arrest are not provided to the arrestee in a language they understand, both the arrest and any subsequent remand are rendered illegal, emphasizing the importance of clear communication of legal rights to ensure procedural fairness. |