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SERVICE - Patna HC: Aadhaar and GPS-Based Attendance For Medical College Faculty Does Not Violate Privacy
Tue, 20 Jan 2026 18:10:06 IST

Patna High Court upheld the mandatory use of Aadhaar-based facial authentication and GPS location tracking for faculty attendance in Bihar medical colleges, dismissing a writ petition challenging the state's directive for implementing face-based Aadhaar and GPS-enabled attendance systems.

CRIMINAL - Patna High Court: Cruelty Claims Against In-Laws are Unlikely Without Shared Residence or Interaction
Tue, 20 Jan 2026 18:09:56 IST

Patna High Court recently quashed criminal proceedings in a matrimonial dispute, holding that allegations of cruelty against in-laws are inherently improbable when there is no shared residence or meaningful interaction between the parties.

FAMILY - Allahabad High Court: Wife May Claim Education Expenses; Adverse Inference If Husband Hides Income
Tue, 20 Jan 2026 18:09:47 IST

Allahabad High Court upheld an order granting interim maintenance to a wife for her educational expenses, observing that she had prima facie established her entitlement to claim such expenses from her husband.

CRIMINAL - SC: State Agencies are Competent To Probe Corruption Cases Against Central Government Officers
Tue, 20 Jan 2026 18:09:38 IST

Supreme Court held that state police authorities have the legal competence to investigate offences under the Prevention of Corruption Act and file charge sheets even when the accused are employees of the Central Government.

CONSTITUTION - Supreme Court: High Courts To Decide Article 226(3) Applications Within Two Weeks
Tue, 20 Jan 2026 18:09:28 IST

Supreme Court disposed of a Special Leave Petition against an interim status quo order of the Allahabad High Court and reminded the High Court of its constitutional duty under Article 226(3) to decide applications seeking vacating of interim orders within two weeks.

SERVICE - SC: AICTE Regulations Do Not Govern Direct Recruitment of Engineering Professors by State PSCs
Tue, 20 Jan 2026 18:09:18 IST

Supreme Court held that the All India Council for Technical Education Regulations are not applicable to direct recruitment for professor posts in engineering colleges when such recruitment is conducted by the State Public Service Commissions.

SERVICE - SC: Reserved Candidates Scoring Above General Cut-Off Must be Considered For Open Posts
Tue, 20 Jan 2026 18:09:09 IST

The court said "It is now a settled proposition of law that a candidate belonging to reserve category who has scored marks higher than the cut off marks for the General Category is to be treated as having qualified against an open or unreserved vacant post"

SERVICE - Supreme Court: Wait-Listed Candidates Have No Vested Right After List Expiry
Tue, 20 Jan 2026 18:08:59 IST

Supreme Court held that in matters of public employment, candidates placed on a waiting list do not gain any vested or automatic right to appointment after the statutory period of validity of the waiting list has expired.

CIVIL - SC: Mandatory Injunction Suit Alone is Not Maintainable When Plaintiff's Title is Disputed
Mon, 19 Jan 2026 18:07:48 IST

Supreme Court held that where serious disputes exist over title, possession, or identity of property, a suit for mandatory injunction simpliciter is not maintainable, and the plaintiff must seek comprehensive relief through a suit for declaration of title and recovery of possession.

SERVICE TAX - SC: Contracts to Hire Global Speakers For Media Summits are Not Taxable as Event Management Services
Mon, 19 Jan 2026 18:07:39 IST

Granting major relief to media and event organizers, the Supreme Court held that fees paid to high-profile speakers through international booking agencies are not liable to Service Tax under the category of "Event Management Service."

SERVICE - SC: Govt Can Exclude Overqualified Candidates From Posts Requiring Lower Qualifications
Mon, 19 Jan 2026 18:07:29 IST

Observing that States have the power to prescribe minimum eligibility for public posts, the Supreme Court upheld the validity of Rule 6(1) of the Bihar Pharmacists Cadre Rules, 2014, which mandates a diploma in pharmacy as the minimum qualification for appointment as pharmacists.

EDUCATION - Supreme Court Orders Reporting of Student Suicides and Bans Denial of Classes or Exams
Mon, 19 Jan 2026 18:07:08 IST

Expressing concern over rising suicides in higher educational institutions, the Supreme Court issued interim directions mandating all HEIs to report every such incident, regardless of location or mode of study, and to ensure round-the-clock access to qualified medical assistance.

LAW OF EVIDENCE - SC: Disclosure Statements Alone Cannot Secure Conviction Without a Complete Chain of Evidence
Mon, 19 Jan 2026 18:06:58 IST

Supreme Court set aside a murder conviction, observing that confessional statements under Section 27 of the Evidence Act and related discoveries cannot alone sustain conviction, particularly when the chain of circumstantial evidence is incomplete.

CIVIL - Ker HC: Dismissal For Default Alone Cannot Justify Rejecting Restoration Plea For Lack of Vigilance
Mon, 19 Jan 2026 18:06:48 IST

Kerala High Court held that dismissal for default alone cannot justify rejecting a restoration plea citing lack of vigilance, noting that a previous default in execution proceedings does not automatically disqualify the petitioner from seeking restoration of those proceedings.

CRIMINAL - Delhi HC: Pending Probate Proceedings Do Not Prevent Filing FIR For Alleged Will Forgery
Mon, 19 Jan 2026 18:06:38 IST

Delhi High Court refused to quash an FIR alleging forgery of a registered Will, holding that pending probate proceedings on the Will's validity do not bar a simultaneous criminal investigation into claims of fabrication and use of forged documents.

CIVIL - Delhi HC: Bar Associations are Not 'State' under Article 12 as They Do Not Perform Public Functions
Mon, 19 Jan 2026 18:06:28 IST

Delhi High Court ruled that Bar Associations do not perform public functions and are not a State or its instrumentality under Article 12, noting that their functions primarily protect the interests of individual lawyers and cannot be classified as State functions.

CRIMINAL - MP HC: Diverting Goods From Delivery Point is Misappropriation under S.407 IPC
Mon, 19 Jan 2026 18:06:18 IST

Madhya Pradesh High Court held that diverting goods from the designated delivery point constitutes misappropriation under Section 407 IPC, a key element of criminal breach of trust, and that actual sale or disposal of the goods need not be proved.

CRIMINAL - Allahabad HC: Victim Compensation under POCSO Act Cannot be Withheld For Lack of Injury Report
Mon, 19 Jan 2026 18:06:08 IST

Allahabad High Court held that under the Uttar Pradesh Rani Lakshmi Bai Mahila Samman Kosh Rules, 2015, compensation must be granted if the FIR discloses an offence under Section 4 of the POCSO Act, and the absence of injuries in the report cannot justify withholding compensation.

INSOLVENCY - Supreme Court Issues Directions to CoC in Builder Insolvency Cases To Protect Homebuyers' Interests
Fri, 16 Jan 2026 17:58:00 IST

SC issued directions on the functioning of the Committee of Creditors under the IBC, stressing that while its commercial wisdom is paramount, it must be exercised responsibly, transparently and with due application of mind, especially in real estate insolvencies affecting homebuyers.

CRIMINAL - SC: Motive Becomes Irrelevant When Direct Evidence Such as a Dying Declaration is Available
Fri, 16 Jan 2026 17:57:50 IST

The court observed that "Motive assumes significance, primarily in cases based on circumstantial evidence. Where there is direct evidence in the form of a credible and trustworthy dying declaration, the absence of strong proof of motive is not fatal to the prosecution case."

TENANCY - Supreme Court: Stamp Duty on an Agreement to Sell is Leviable Only if Possession is Transferred
Fri, 16 Jan 2026 17:57:41 IST

Supreme Court ruled that under the Andhra Pradesh Stamp Act, stamp duty is not payable on an agreement to sell that does not provide for delivery of possession, and set aside the High Court's view treating such agreements as conveyances liable to duty and penalty.

CRIMINAL - Karnataka HC: Appeals Against Acquittal in Bailable Offences Lie Only Before High Court
Fri, 16 Jan 2026 17:57:32 IST

Karnataka High Court set aside a Sessions Court conviction for causing death by negligence, holding that the State wrongly appealed an acquittal before the Sessions Court, which lacked jurisdiction to entertain appeals against acquittal.

FAMILY - Orissa HC: Second Marriage During Subsistence of First Remains Invalid Even After First Wife's Death
Fri, 16 Jan 2026 17:57:22 IST

Orissa High Court held that a Hindu man's second marriage, void ab initio during the subsistence of his first marriage, does not become valid or legal upon the death of the first wife.

TENANCY - Calcutta HC: Landlord Decides His Residential Needs; Courts Cannot Set Living Standards in Eviction
Fri, 16 Jan 2026 17:57:12 IST

Calcutta High Court held that a landlord is the best judge of his residential and business needs, and courts cannot dictate living standards. Upholding an eviction decree under the West Bengal Premises Tenancy Act, 1956, it dismissed the tenant's second appeal.

SERVICE - Patna HC: Disciplinary Authority Cannot Impose Major and Minor Penalties in a Single Order
Fri, 16 Jan 2026 17:57:03 IST

Patna High Court held that major and minor penalties cannot be combined into a single order and imposed simultaneously, while hearing a writ petition by a Deputy SP challenging an order imposing both withholding of five increments and a five-year promotion ban.

CRIMINAL - MP High Court: Guardians Can be Liable For Minors Flying Kites With Chinese Manjha
Thu, 15 Jan 2026 17:10:43 IST

While hearing a suo motu PIL on the illegal sale and use of Chinese manjha, the Madhya Pradesh High Court held that if a minor flies a kite using Chinese manjha, the guardian may be held liable under Section 106(1) of the BNS, 2023, for death caused by negligence.

CIVIL - MP HC: Trial Courts Cannot Grant Permanent Injunction in Title Suits Without Recovery of Possession
Thu, 15 Jan 2026 17:10:34 IST

MP HC set aside a trial court order in a title suit, holding that the court erred in granting a decree of permanent injunction without awarding the consequential relief of recovery of possession, despite finding that the defendant had encroached upon the plaintiff's land.

CIVIL - Kerala HC: Petrol Pump Licence is Automatically Cancelled on Lease Expiry Without Any Hearing
Thu, 15 Jan 2026 17:10:25 IST

Kerala High Court clarified that under the Petroleum Rules, 2002, a petrol pump licence is automatically cancelled when the lease for the storage site expires, and no formal order or hearing is required for the cancellation, as the licensee loses the right to the site.

SERVICE - MP HP: Over-Age Candidate Cannot Claim Age Relaxation Due to Delay in Earlier Recruitment
Thu, 15 Jan 2026 17:10:15 IST

Madhya Pradesh High Court held that a candidate who participated in the 2022 recruitment process cannot claim age relaxation merely because an earlier recruitment had extended the age limit beyond what was prescribed under the applicable Rules.

CRIMINAL - Allahabad HC: Police Must Prosecute Informants of False Firs, and IOs May Face Contempt if They Fail
Thu, 15 Jan 2026 17:10:05 IST

Allahabad High Court directed police to mandatorily prosecute individuals who lodge false or malicious FIRs, holding that if an investigation confirms the FIR is false, the IO is legally obliged to file a complaint against the informant under Section 215(1)(a) BNSS.

SERVICE - MP High Court: Women Retain Reservation Benefits After Marriage if Caste is Recognized in Both States
Thu, 15 Jan 2026 17:09:55 IST

Madhya Pradesh High Court has held that women who move to MP after marriage from another state are not considered migrants for service or reservation purposes and will be treated as domiciled residents, ensuring they retain all benefits tied to state residency.

SERVICE - Delhi High Court: Home State Must be the First Preference For Claiming Insider IFS Cadre Allocation
Wed, 14 Jan 2026 17:21:46 IST

Delhi High Court held that under the All India Services Cadre Allocation Policy, an officer must list their home State as the first preference to claim insider IFS cadre allocation, and merely expressing willingness or listing it lower does not confer any enforceable right.

CIVIL - Bombay HC: ?25K Fine for Flying Kites With Nylon Manjha; Parents Must Ensure Responsible Conduct
Wed, 14 Jan 2026 17:21:37 IST

Bombay High Court warned that during this year's Makar Sankranti, anyone flying kites with nylon manjha will face a ?25,000 fine, while those selling it illegally will be liable to pay ?2.5 lakh, emphasizing the need for responsible behavior and adherence to the law.

CRIMINAL - MP High Court: Mere Illness of a Family Member, If Improving, is Not Sufficient for Interim Bail
Wed, 14 Jan 2026 17:21:27 IST

Madhya Pradesh High Court dismissed a plea for interim bail, observing that the mere illness of a family member, particularly when the condition is improving and under control, does not constitute exceptional grounds for granting temporary or interim bail.

SERVICE - Allahabad HC: Will in Favor of Someone Does Not Affect Compassionate Appointment Based on Dependency
Wed, 14 Jan 2026 17:21:18 IST

Allahabad High Court held that under the U.P. Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974, compassionate appointments are based on the family member's dependence on the deceased, and a will in favor of any person does not affect eligibility.

FAMILY - Chhattisgarh HC: Second Marriage During Subsisting First Marriage Void Unless Custom Permits It
Wed, 14 Jan 2026 17:21:08 IST

Chhattisgarh High Court held that a second marriage solemnised during the subsistence of a first marriage is void under Sections 5(i) and 11 of the Hindu Marriage Act, unless the party concerned proves the existence of a valid custom permitting such remarriage.

SERVICE - MP High Court: Aadhaar and Voter ID Cards are Not Definitive Proof of Date of Birth
Wed, 14 Jan 2026 17:20:57 IST

The court observed that "it is evident that the Aadhaar Card and Voter Identity Card cannot be treated as determinative proof of her date of birth. These documents are prepared on the basis of self-declaration and are meant for identification purposes alone."

EDUCATION - SC: RTE Act promotes fraternity and equality by children of judges and vendors studying together
Wed, 14 Jan 2026 17:20:45 IST

Supreme Court held that proper enforcement of the 25% admission mandate for children from weaker and disadvantaged sections in neighbourhood unaided schools under the RTE Act, 2009, can transform India's social structure and should be pursued as a national mission.

PROPERTY - SC: Under Order XXI Rule 102 CPC, A Transferee Pendente Lite Cannot Obstruct Execution of a Decree
Wed, 14 Jan 2026 17:20:36 IST

Supreme Court reiterated that a purchaser who buys property during pending litigation, as a transferee pendente lite, cannot obstruct execution of the decree and remains bound by the final outcome, with such transfer being entirely subject and subordinate to the decree passed in the proceedings.

CRIMINAL - Del HC: Courts Cannot Compel Lawyers to Disclose Sources of Documents Filed on Clients' Instructions
Tue, 13 Jan 2026 18:25:21 IST

Delhi High Court held that a lawyer cannot be forced to reveal the source of a document provided by a client, as it is protected under privileged communication, unless there is a prima facie judicial finding of fraud.

FAMILY - Gauhati HC: Only A Family Court Can Grant A Divorce under Muslim Law, Not A Civil Judge
Tue, 13 Jan 2026 18:25:12 IST

Gauhati High Court held that a civil judge cannot authenticate a talaq or grant a divorce decree under Muslim law, and that only the Family Court or the District Court if no Family Court exists is the competent forum to adjudicate such matters.

PROPERTY - Delhi HC: Registered Property Title Prevails over Claims Based on Oral Family Settlements
Tue, 13 Jan 2026 18:25:03 IST

Delhi High Court held that a registered conveyance deed provides conclusive property ownership, and unproven or vague claims of an oral family settlement cannot override or challenge the rights of the registered owner.

SERVICE - Raj HC: Having Different Age Criteria For Contractual and Regular Appointments is Unconstitutional
Tue, 13 Jan 2026 18:24:54 IST

Rajasthan High Court struck down Rule 6 of the 2022 Contractual Hiring Rules as unconstitutional, holding that prescribing 21 years for contractual recruitment, versus 18 years for regular recruitment under the 1965 Rules, violated Articles 14 and 16 of the Constitution.

PROPERTY - SC: Vendor Remains a Necessary Party in Specific Performance Suits Even After Transferring Property
Tue, 13 Jan 2026 18:24:45 IST

Supreme Court reaffirmed that in a suit for specific performance of an agreement to sell immovable property, the vendor remains a necessary party even if he has already transferred his interest in the property to a third party.

FAMILY - SC: Hindu Daughter-In-Law Widowed After Her Father-In-Law's Death is Entitled to Maintenance
Tue, 13 Jan 2026 18:24:36 IST

SC has held that under the Hindu Adoptions and Maintenance Act, 1956, a daughter-in-law who becomes a widow after her father-in-law's death is entitled to maintenance from his estate, ruling that the phrase "any widow of his son" includes all widowed daughters-in-law.

CRIMINAL - Kerala HC: Magistrate Must Pass Speaking Order, Consider Report When Taking Cognizance of Complaint
Mon, 12 Jan 2026 17:59:47 IST

Kerala High Court has ruled that when a magistrate takes cognizance of a case based on a protest complaint, they must consider the police's refer report and issue a speaking order, ensuring the decision is reasoned and reflects all relevant material before proceeding.

EDUCATION - Delhi HC: Right to Higher or Professional Education is Fundamental and Cannot be Curtailed Lightly
Mon, 12 Jan 2026 17:59:38 IST

Court held that "The right to pursue higher or professional education even though not explicitly spelt out as a fundamental right in part III of the Constitution, it is an affirmative obligation on the part of the state to ensure this right and the same cannot be permitted to be curtailed, lightly".

CRIMINAL - Ker HC: Victim Cannot File Second Appeal Seeking Special Leave Against Acquittal Under S.419(4) BNSS
Mon, 12 Jan 2026 17:59:28 IST

Kerala High Court recently held that a victim cannot file a second appeal against an accused's acquittal by seeking special leave under Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita, affirming that the acquittal order is final and not subject to such review.

ELECTION - HP High Court: Panchayati Raj Elections Cannot Be Postponed Beyond Five-Year Term
Mon, 12 Jan 2026 17:59:18 IST

HP HC held that orders under the Disaster Management Act, 2005 cannot override the State Election Commission's authority or justify delaying elections, emphasizing that Panchayati Raj polls must be completed within their five-year term under Article 243E of the Constitution.

MOTOR VEHICLES - Gujarat HC: Motor Accident Compensation Doesn't Cover Medical Expenses Paid by Charity
Mon, 12 Jan 2026 17:59:09 IST

Gujarat High Court recently observed, while hearing a plea to enhance compensation for the kin of a deceased accident victim, that amounts awarded under the Motor Vehicles Act are not a "bonanza or jackpot" and should reflect fair and reasonable relief, not windfall gains.

CRIMINAL - SC: Bail Should Not be Refused Mechanically Nor Granted Based on Irrelevant Considerations
Mon, 12 Jan 2026 17:58:59 IST

Supreme Court overturned the Allahabad High Court's bail order for a man accused of raping and sexually assaulting a minor under the Protection of Children from Sexual Offences Act, calling the decision perverse, unreasonable, and ignoring crucial evidence.

BANKING - Supreme Court: Multiple Complaints Are Valid For Dishonour of Several Cheques in One Transaction
Mon, 12 Jan 2026 17:58:49 IST

Supreme Court held that dishonour of multiple cheques from the same transaction creates separate causes of action under Section 138 of the Negotiable Instruments Act, 1881, and prosecutions cannot be quashed merely due to the multiplicity of complaints.

CRIMINAL - SC: Preventive Detention Cannot Override Bail and Requires Proof of a Threat to Public Order
Mon, 12 Jan 2026 17:58:40 IST

Supreme Court quashed a preventive detention order under the Telangana Goonda Act, holding that merely branding a person as a habitual drug offender is insufficient, and that authorities must clearly demonstrate how the individual's actions posed a specific threat to public order.

COMPANY - SC: Complaints Alleging Fraud under Companies Act Can Be Filed Only By SFIO, Not By Private Parties
Mon, 12 Jan 2026 17:58:30 IST

SC held that allegations of fraud under Companies Act, 2013 cannot be pursued through private complaints, as a Special Court may take cognizance only on a complaint filed by the Director of the Serious Fraud Investigation Office or an officer authorised by Central Government u/s 212(6) of the Act.

MOTOR VEHICLES - SC: Excavators, Dumpers Etc Used Within Factories aren't Motor Vehicles For Road Tax Purposes
Mon, 12 Jan 2026 17:58:20 IST

SC has held that Heavy Earth Moving Machinery & construction equipment such as excavators, dumpers, loaders, and dozers, when used solely within factory premises or other enclosed areas, do not qualify as "motor vehicles" u/s 2(28) of the Motor Vehicles Act and are therefore not liable to road tax.

DIRECT TAXATION - SC Explains When Shares Received After Company Amalgamation are Taxable as Business Income
Mon, 12 Jan 2026 17:58:11 IST

Supreme Court has held that shares obtained through a corporate amalgamation are taxable as business income under Section 28 of the Income Tax Act at the time of receipt, provided they constitute a real and commercially realizable benefit to the assessee.

CRIMINAL - Delhi HC: Judge Who Reserved Judgment Must Deliver Verdict Despite Transfer; Successor Can't Rehear
Fri, 09 Jan 2026 17:50:34 IST

Delhi High Court has held that once a criminal trial concludes and the matter is reserved for judgment, the judge who heard the case is obligated to pronounce the verdict, even if transferred, and the successor judge cannot order a rehearing or decide the case afresh.

CRIMINAL - Rajasthan HC: Father's Rape of His Daughter Transcends Ordinary Crime; Victim's Testimony Suffices
Fri, 09 Jan 2026 17:50:24 IST

Rajasthan High Court, while dismissing an appeal against a POCSO rape conviction, held that the victim's testimony, as the convict's daughter, constituted the most reliable evidence, as there was no reason for her to falsely accuse her own father, underscoring the gravity of the crime.

BANKING - Cal HC: Banks Cannot Freeze a Company's Accounts Solely Due To ROC Labeling a 'Management Dispute'
Fri, 09 Jan 2026 17:50:12 IST

Cal HC has ruled that a bank cannot freeze a company's accounts solely because the ROC marked it as a "management dispute," especially after the marking has been removed following directions from the Ministry of Corporate Affairs, emphasizing that such action alone does not justify account freezing.

INSOLVENCY - NCLT: Suspended Directors Who are Prospective Resolution Applicants Cann't Access Valuation Reports
Fri, 09 Jan 2026 17:50:01 IST

NCLT Mumbai dismissed a suspended director's challenge seeking access to valuation reports and other CIRP documents, holding that such reports are confidential and cannot be disclosed to individuals who are themselves prospective or competing resolution applicants.

CRIMINAL - Jharkhand HC: Mere Breach of Compromise Terms by an Accused Does Not Justify Bail Cancellation
Fri, 09 Jan 2026 17:49:51 IST

Jharkhand High Court has held that an accused's failure to comply with the terms of a compromise or payment promise does not, by itself, constitute sufficient ground for the cancellation of bail once it has been granted.

INSOLVENCY - NCLAT: Misnaming Guarantor as 'Director' in SARFAESI Notice Doesn't Void Guarantee Invocation
Fri, 09 Jan 2026 17:49:41 IST

NCLAT, New Delhi, has ruled that merely referring to a personal guarantor as a "Director" in a SARFAESI notice does not invalidate the guarantee's invocation, provided the notice clearly demands payment of the outstanding dues under the personal guarantee deed.

INSOLVENCY - NCLT Mumbai: CIRP Claims Cannot Invoke the 12-Year Limitation Period For Enforcing Mortgage Rights
Fri, 09 Jan 2026 17:49:29 IST

NCLT Mumbai has held that secured creditors cannot rely on the 12-year limitation period applicable to enforcement of mortgage rights while filing claims in a corporate insolvency resolution process, clarifying that insolvency claims are governed by a three-year limitation period.

SERVICE - SC: Studying in a Government Institute Does Not Create an Automatic Right to a Government Job
Fri, 09 Jan 2026 17:49:19 IST

Supreme Court has ruled that admission to and completion of a course in a government institution does not by itself give rise to a legitimate expectation of automatic appointment to a government post, especially where there has been a change in policy or the applicable recruitment framework.

CRIMINAL - SC: Fresh Notification For Vijayawada ACB Police Station not Required After AP Bifurcation
Fri, 09 Jan 2026 17:49:10 IST

Supreme Court set aside the Andhra Pradesh High Court judgment that had quashed several FIRs registered by the ACB for want of jurisdiction, holding that the High Court took an unduly hyper-technical view which led to a serious miscarriage of justice.

CRIMINAL - Supreme Court Clarifies Test For Granting Bail to Accused Added at Trial under Section 319 CrPC
Fri, 09 Jan 2026 17:49:01 IST

Supreme Court has held that when a person is added as an accused during the course of a trial, bail should ordinarily be granted and should not be refused unless there is strong, cogent, and convincing evidence indicating serious involvement in the alleged offence.

LIMITATION - Supreme Court: Only Courts May Condone Delay; Tribunals Lack Power Unless Statute Allows
Thu, 08 Jan 2026 18:05:08 IST

Supreme Court reaffirmed that the Company Law Board or Tribunal has no power to condone delay in filing appeals unless such authority is expressly conferred by statute, emphasizing that condonation of delay lies with courts and not quasi-judicial bodies unless specifically provided.

CIVIL - SC: Under the Urban Land Ceiling Act, Notice U/S 10(5) Must be Served on the Person in Possession
Thu, 08 Jan 2026 18:04:58 IST

Supreme Court has ruled that proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 would abate under the Repeal Act of 1999 if the State did not lawfully take actual physical possession of excess land, including by serving mandatory notice under Section 10(5) on persons in possession.

CUSTOMS - SC: In Customs Classification, Statutory Tariff Headings and HSN Notes Prevail over Common Parlance
Thu, 08 Jan 2026 18:04:48 IST

Supreme Court held that aluminium shelves imported for mushroom cultivation cannot be classified as parts of agricultural machinery and must instead be treated as aluminium structures, thereby attracting the applicable customs duty.

COMMERCIAL - Supreme Court: Concluded Auction Cannot Be Cancelled Merely To Invite Higher Bids at a Later Stage
Thu, 08 Jan 2026 18:04:37 IST

SC has held that once a bidder is declared the highest in a lawfully conducted auction rights & obligations crystallize obligating the authority to issue an allotment letter & the mere prospect of higher bids later cannot justify cancelling the auction as such action would be arbitrary & irrational.

INSOLVENCY - Bombay High Court: In IBC Cases, High Courts Lack Parallel Contempt Jurisdiction over the NCLT
Thu, 08 Jan 2026 18:04:27 IST

Bombay High Court held that contempt petitions for breach of NCLT orders in insolvency cases cannot be filed directly in the High Court, stating that once contempt powers are conferred on the NCLT by law, the High Court cannot exercise parallel jurisdiction.

INSOLVENCY - NCLT Kochi: Avoidance Provisions under Insolvency Code Aim to Restore, Not Punish, Parties
Thu, 08 Jan 2026 18:04:17 IST

NCLT Kochi clarified that avoidance provisions under the Insolvency Code are intended to reverse the preferential effect of certain transactions and restore the corporate debtor's estate, rather than impose punitive liability on the beneficiaries of such transactions.

DIRECT TAXATION - Delhi High Court: Late Payment of TDS Does Not Absolve Criminal Liability under the Income Tax Act
Thu, 08 Jan 2026 18:04:08 IST

Delhi High Court held that a belated or subsequent deposit of TDS does not absolve an assessee or company officials from criminal liability under Section 276B of the Income Tax Act, 1961, emphasizing that timely compliance is mandatory to avoid prosecution.

CRIMINAL - Poverty Cannot Bar Parole; Rajasthan HC Waives Surety For Indigent Life Convict, Sets Guidelines
Thu, 08 Jan 2026 18:03:58 IST

Rajasthan High Court held that requiring sureties from an indigent prisoner for parole, especially after past judicial waivers, violates Articles 14 and 21 of the Constitution and is morally indefensible, emphasizing that poverty cannot bar a convict from parole.

TENANCY - Revisional Power U/S 25B(8) of Delhi Rent Control Act is Supervisory; HC Cannot Revisit Facts
Thu, 08 Jan 2026 18:03:47 IST

Delhi High Court reiterated that its revisional jurisdiction under Section 25B(8) of the Delhi Rent Control Act is purely supervisory and does not allow the court to reappreciate evidence or revisit factual findings recorded by the Rent Controller.

CRIMINAL - Karnataka HC: A Neighbour Cannot be Charged With Matrimonial Cruelty under Section 498A IPC
Thu, 08 Jan 2026 18:03:36 IST

Karnataka High Court reiterated that a neighbour or stranger cannot be implicated in matrimonial cruelty proceedings under Section 498A IPC, as such disputes are confined to the husband, wife, or other family members, and outsiders cannot be held liable.

INSOLVENCY - NCLT Kochi: Fraud Has No Time Limit and Directors Cannot Use Delay As a Defense
Wed, 07 Jan 2026 18:01:16 IST

NCLT Kochi held that allegations of fraud or wrongful trading are not limited by time, and directors cannot evade liability by claiming the conduct occurred long ago, directing the suspended directors of a Kochi-based insolvent company to jointly contribute Rs 11.95 crore to its assets.

LAW OF MEDICINE - Delhi HC: Abortion by a Married Woman For Marital Discord is Legal under The MTP Act
Wed, 07 Jan 2026 18:01:07 IST

Reaffirming women's reproductive autonomy, the Delhi High Court held that marital discord affecting a woman's mental health constitutes a valid ground for abortion under the Medical Termination of Pregnancy Act.

CRIMINAL - Allahabad HC: Being 'Proclaimed Offender' Does Not Completely Bar Grant of Anticipatory Bail
Wed, 07 Jan 2026 18:00:58 IST

Allahabad High Court recently held that the issuance of a proclamation under Section 82 CrPC against an accused does not completely bar the court from considering their application for anticipatory bail.

SERVICE - Delhi HC: Delays From Medical Review Cannot Justify Ante-Dated Seniority For BSF Candidates
Wed, 07 Jan 2026 18:00:49 IST

Delhi High Court Full Bench held that BSF candidates whose joining was delayed due to medical re-examination cannot claim ante-dated seniority over batchmates who joined earlier, even if the delay was not their fault.

CRIMINAL - SC: Judge Cannot Be Presumed Biased Merely Because a Litigant's Relative Is Police or Court Staff
Wed, 07 Jan 2026 18:00:40 IST

Supreme Court set aside the Telangana High Court's order transferring a criminal case from Sangareddy to Hyderabad, holding that allegations of judicial bias cannot be presumed merely because a litigant's relatives hold official positions.

CRIMINAL - SC: Exoneration in Disciplinary Proceedings Does Not Always Bar Criminal Prosecution
Wed, 07 Jan 2026 18:00:31 IST

Supreme Court held that a public servant's exoneration in departmental proceedings does not automatically justify quashing a criminal case, especially in corruption trap matters, as disciplinary and criminal proceedings are independent and governed by different standards of proof.

BANKING - SC: Courts Cannot Take Cognizance of Time-Barred Cheque Bounce Cases Without Condoning Delay
Wed, 07 Jan 2026 18:00:21 IST

Supreme Court held that courts cannot take cognizance of a belated cheque dishonour complaint unless the delay is first condoned, and accordingly set aside the Karnataka High Court's ruling that had upheld cognizance without formally condoning the delay.

CRIMINAL - Supreme Court: Single FIR is Permissible in Mass Cheating Cases Arising From One Conspiracy
Wed, 07 Jan 2026 18:00:12 IST

Supreme Court held that where a single criminal conspiracy leads to mass cheating of investors, one FIR is sufficient and other complaints may be treated as Section 161 CrPC statements, setting aside the Delhi High Court's 2019 ruling requiring separate FIRs for each investor.

SERVICE - SC: Public Sector Enterprises Cannot Act Against Retired Employees Without Clear Rules
Wed, 07 Jan 2026 18:00:02 IST

Supreme Court held that a public sector corporation cannot initiate or continue disciplinary proceedings against an employee after retirement unless its service regulations expressly permit such action.

SERVICE - SC: Reserved Category Candidate Who Availed Prelims Relaxation Cannot Claim an Unreserved Seat
Wed, 07 Jan 2026 17:59:53 IST

Supreme Court declined to consider the appointment of a Scheduled Caste candidate to the unreserved Indian Forest Service cadre, holding that the candidate was ineligible after availing relaxation at the preliminary examination stage.

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.

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