Hearing Of Accused Necessary When Cognizance Taken After BNSS Came Into Force, Though Complaint Filed Earlier
SCOI recently held that where a Magistrate applied judicial mind and found a prima facie case only after the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force, cognizance is…
S. 17 Arbitration Act | Arbitral Tribunal Does Not Exercise Appellate Jurisdiction Over Section 9 Orders:
SCOI recently held that a High Court hearing an appeal under Section 37 of the Arbitration and Conciliation Act against an interim order passed under Section 9 cannot, even with the…
Preventive Detention Can’t Be Solely Based On Custodial Confession
SCOI held that authorities can’t pass a preventive detention order solely relying on the confessional statement of the accused. It thereby quashed the detention of Mulla Afroz, who was accused of…
IBC | Failure To Pay Balance Sale Consideration Invites EMD Forfeiture If Auction Terms So Provide
SCOI ruled that where auction terms provide for it, a successful bidder’s failure to pay the balance sale consideration in a liquidation proceeding will result in forfeiture of the Earnest…
O. 2 R. 2 CPC | Omitted Relief Remains Barred Despite Order 23 Liberty To File Fresh Suit
SCOI has observed that an injunction suit simpliciter filed without the Court’s leave under Order 2 Rule 2 of the Code of Civil Procedure, while omitting the relief of specific…
Motor Vehicles Act, 1988 — Section 166 — Claim Petition for death of bachelor — Selection of Multiplier — Multiplier to be determined based on age of deceased and not age of dependents/parents — Deceased was 33 years old at the time of accident — Correct multiplier applicable according to standardized matrix in Sarla Verma and Pranay Sethi is 16 — Argument of insurer that multiplier should correspond to age of parents rejected — MACT and High Court rightly applied multiplier of 16.
2026 INSC 950 SUPREME COURT OF INDIA DIVISION BENCH RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. PRIYANKA DAS AND OTHERS ( Before : S.V.N. Bhatti and N. V. Anjaria, JJ. )…
Legal Representatives Can Claim Motor Accident Compensation Even Without Financial Dependency On Deceased
The Supreme Court has reiterated that a legal representative of a person killed in a motor accident can maintain a claim for compensation even if the particular legal representative was…
Execution Of Unregistered Agreement To Sell Does Not Terminate Subsisting Landlord-Tenant Relationship Nor Entitle Tenant To Section 53A TP Act Protection A. Transfer of Property Act, 1882 — Section 111(e) & (f) — Landlord and Tenant — Determination of lease by express or implied surrender — Execution of agreement to sell by landlord in favour of tenant — Effect on jural relationship — Held, mere execution of an agreement to sell between landlord and tenant does not ipso facto determine the subsisting tenancy — Tenancy is determined only when terms of agreement or unequivocal conduct of parties disclose express or implied surrender — Where agreement to sell contained clause for cancellation and restoration of possession in case loan was not sanctioned, existing possession was referable to tenancy and not to agreement to sell — Landlord-tenant relationship continued to subsist.
2026 INSC 853 SUPREME COURT OF INDIA DIVISION BENCH NAZIM SHAIKH HASAN Vs. NASIR MUSHTAQ SHAIKH AND OTHERS ( Before : Prashant Kumar Mishra and N.V. Anjaria, JJ. ) Special…
Appellate Courts Should Not Remand Cases Under Order 41 Rule 23 CPC As A Matter Of Course When Sufficient Evidence Is Available On Record. A. Civil Procedure Code, 1908 (CPC) — Order 41 Rules 23 and 24 — Power of Appellate Court to remand — Remand of case to Trial Court for framing of additional issues and fresh evidence — Permissibility — High Court remitted suit regarding one item of property for framing issues on whether sale deed was sham, limitation, and possession — Held, remand is not to be adopted as a matter of ordinary course and reflects incorrect exercise of discretion when sufficient evidence is available on record — Issues already framed by Trial Court were comprehensive enough to cover core disputes — Appellate Court is fully empowered to decide issues on merits or admit additional evidence if warranted, rather than remitting matter to cause unnecessary delay — Remand set aside and appeals restored to High Court for fresh disposal on merits.
2026 INSC 857 SUPREME COURT OF INDIA DIVISION BENCH SHIVAPPA Vs. SHANTAVVA AND OTHERS ( Before : S.V.N. Bhatti and N.V. Anjaria, JJ. ) Civil Appeal Nos…..of 2026 (@ Special…
Extended Period Of Limitation Under Proviso To Section 11A, Central Excise Act Cannot Be Invoked When Facts Are Known To Department Without Wilful Suppression A. Central Excise Act, 1944 — Section 35L — Maintainability of appeal before Supreme Court — Preliminary objection raised by Department that appeal does not come under Section 35L as issue had no relation to rate of duty or valuation — Held, issue raised regarding extended period of limitation on ground of non-inclusion of certain costs in assessable value has an inextricable link with valuation of goods for purposes of assessment — Issue raised in show cause notice fundamentally dealt with valuation of goods — Supreme Court declined to relegate matter to High Court after almost a decade of pendency — Preliminary objection rejected.
2026 INSC 858 SUPREME COURT OF INDIA DIVISION BENCH AUDI AUTOMOBILES AND OTHERS Vs. COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, INDORE ( Before : J. B. Pardiwala and K.…