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Arbitration and Conciliation Act, 1996 — Section 34, Section 37 — Challenge to arbitral award — Jurisdiction of arbitrator — Clause in a contract that states one party’s decision is final and cannot be challenged in any court or arbitration is void if it seeks to prevent adjudication on disputed liability, as the determination of breach and liability rests with an adjudicatory forum, not the party alleging breach. Insolvency and Bankruptcy Code, 2016 (IBC) — Section 12A — Withdrawal of Corporate Insolvency Resolution Process (CIRP) — Commercial Wisdom of Committee of Creditors (CoC) — Primacy of CoC’s commercial wisdom in deciding withdrawal of CIRP is non-justiciable and not subject to appeal or review by adjudicating authorities, except on grounds of statutory illegality or jurisdictional infirmity — Supreme Court in a miscellaneous application concerning a disposed SLP from a civil revision cannot adjudicate rival offers or substitute its view for the CoC’s business decision. Karnataka Recruitment of Gazetted Probationers (Appointment by Competitive Examinations) Rules, 1997 — Rule 11(1), 11(3) & Rule 4(3) — Selection process for Gazetted Probationers — Vacancy arising from non-joining candidate — Claims of next eligible candidate — Held, select list is not an open-ended reservoir of candidates but is prepared for notified vacancies & operates within statutory framework — Inclusion in select list does not confer indefeasible right to appointment — Appointment governed by Rules & notified vacancies — No provision for reserve/waiting list under 1997 Rules — Post left unfilled due to non-completion of pre-appointment formalities or non-joining cannot be filled by operating the same select list & claiming by next candidate in absence of express statutory provision — High Court erred in allowing writ petition & setting aside Tribunal’s order. Constitution of India, 1950 — Articles 14, 15(1), 16, 309 — Relaxation in qualifying examination (TET) marks for reserved category candidates — The provision of relaxation in qualifying marks in TET enables reserved category candidates to enter the zone of consideration and does not affect their inter se merit in the main selection process (TAIT) — Migration to the open category is permissible if recruitment rules do not expressly prohibit it or are silent on the matter — Decisions in Pradeep Kumar and Sajib Roy are distinguishable as they dealt with candidates not fulfilling essential eligibility criteria, unlike in this case where relaxation in TET marks is expressly permitted by NCTE guidelines — The High Court erred in not allowing meritorious reserved category candidates to be considered under the general category — Appeals allowed, impugned judgment set aside. National Green Tribunal (NGT) — Adjudicatory Function — NGT cannot abdicate its powers and entrust its adjudicatory functions to a committee, even an expert committee — The role of such a committee is only to assist the NGT, not to decide the case.

Arbitration and Conciliation Act, 1996 — Section 34, Section 37 — Challenge to arbitral award — Jurisdiction of arbitrator — Clause in a contract that states one party’s decision is final and cannot be challenged in any court or arbitration is void if it seeks to prevent adjudication on disputed liability, as the determination of breach and liability rests with an adjudicatory forum, not the party alleging breach.

2026 INSC 274 SUPREME COURT OF INDIA DIVISION BENCH M/S ABS MARINE SERVICES Vs. THE ANDAMAN AND NICOBAR ADMINISTRATION ( Before : J.B. Pardiwala and K. V. Viswanathan, JJ. )…

Insolvency and Bankruptcy Code, 2016 (IBC) — Section 12A — Withdrawal of Corporate Insolvency Resolution Process (CIRP) — Commercial Wisdom of Committee of Creditors (CoC) — Primacy of CoC’s commercial wisdom in deciding withdrawal of CIRP is non-justiciable and not subject to appeal or review by adjudicating authorities, except on grounds of statutory illegality or jurisdictional infirmity — Supreme Court in a miscellaneous application concerning a disposed SLP from a civil revision cannot adjudicate rival offers or substitute its view for the CoC’s business decision.

2026 INSC 275 SUPREME COURT OF INDIA DIVISION BENCH M/S.LAMBA EXPORTS PVT. LTD Vs. M/S.DHIR GLOBAL INDUSTRIES PVT. LTD. AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ.…

Service Matters

Karnataka Recruitment of Gazetted Probationers (Appointment by Competitive Examinations) Rules, 1997 — Rule 11(1), 11(3) & Rule 4(3) — Selection process for Gazetted Probationers — Vacancy arising from non-joining candidate — Claims of next eligible candidate — Held, select list is not an open-ended reservoir of candidates but is prepared for notified vacancies & operates within statutory framework — Inclusion in select list does not confer indefeasible right to appointment — Appointment governed by Rules & notified vacancies — No provision for reserve/waiting list under 1997 Rules — Post left unfilled due to non-completion of pre-appointment formalities or non-joining cannot be filled by operating the same select list & claiming by next candidate in absence of express statutory provision — High Court erred in allowing writ petition & setting aside Tribunal’s order.

2026 INSC 276 SUPREME COURT OF INDIA DIVISION BENCH STATE OF KARNATAKA AND OTHERS Vs. SANTHOSH KUMAR C ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Civil Appeal…

Constitution of India, 1950 — Articles 14, 15(1), 16, 309 — Relaxation in qualifying examination (TET) marks for reserved category candidates — The provision of relaxation in qualifying marks in TET enables reserved category candidates to enter the zone of consideration and does not affect their inter se merit in the main selection process (TAIT) — Migration to the open category is permissible if recruitment rules do not expressly prohibit it or are silent on the matter — Decisions in Pradeep Kumar and Sajib Roy are distinguishable as they dealt with candidates not fulfilling essential eligibility criteria, unlike in this case where relaxation in TET marks is expressly permitted by NCTE guidelines — The High Court erred in not allowing meritorious reserved category candidates to be considered under the general category — Appeals allowed, impugned judgment set aside.

2026 INSC 277 SUPREME COURT OF INDIA DIVISION BENCH CHAYA AND OTHERS Vs. THE STATE OF MAHARASHTRA AND ANOTHER ( Before : Pamidighantam Sri Narasimha and Alok Aradhe, JJ. )…

Motor Vehicles Act, 1988 — Sections 2(30), 173, 174 — Compensation — Liability for accident during requisition of vehicle — Bus owned by a school was requisitioned by the appellant (District Magistrate) for election purposes — Accident occurred while the bus was under the control of the appellant — Issue of shifting of liability from the insurance company to the requisitioning authority — Held, when a public authority requisitions a privately owned vehicle for public purposes, the nature of possession and control changes entirely, and the requisitioning authority assumes responsibility for consequences arising from such compelled use — The owner is divested of custody and decision-making power, and the vehicle is placed at the disposal of the State for governmental functions — During this period, the owner neither directs its use nor derives any benefit from it — It only stands to reason that in such circumstances, if an untoward incident occurs, responsibility would properly to rest with the requisitioning authority and not with the insurer engaged by the owner for ordinary, private or commercial use — The requisitioning authority, by assuming control and deploying the vehicle for its own purposes, assumes with that control the corresponding responsibility — Appeal dismissed.

2026 INSC 279 SUPREME COURT OF INDIA DIVISION BENCH DISTRICT MAGISTRATE AND DISTRICT ELECTION OFFICER AND COLLECTOR, GWALIOR, M.P. Vs. NATIONAL INSURANCE COMPANY LIMITED AND OTHERS ( Before : Sanjay…

Service Matters

Service Law — Disciplinary proceedings post-superannuation — Where service regulations permit continuation of disciplinary proceedings initiated before superannuation, they can be concluded thereafter — Punishment of reduction in pay scale can be implemented by computing pension based on the reduced salary.

2026 INSC 266 SUPREME COURT OF INDIA DIVISION BENCH VIRINDER PAL SINGH Vs. PUNJAB AND SIND BANK AND OTHERS ( Before : Pamidighantam Sri Narasimha and Manoj Misra, JJ. )…

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — Summoning order based on complaint allegations lacking specific details of copyright infringement and without application of mind by Magistrate — Superior Court’s duty to examine proceedings for being frivolous, vexatious, or malicious — Held, allegations in complaint were bald and unsubstantiated, failing to disclose similarity between film and script.

SUPREME COURT OF INDIA DIVISION BENCH SUJOY GHOSH Vs. THE STATE OF JHARKHAND AND ANOTHER ( Before : Pamidighantam Sri Narasimha and Alok Aradhe, JJ. ) Criminal Appeal No….of 2026…

Insolvency and Bankruptcy Code, 2016 (IBC) — Section 31(1) — Corporate Insolvency Resolution Process (CIRP) — Resolution Plan — “Clean Slate” Principle — Effect of Approval — Claims not part of resolution plan stand extinguished — No affirmative relief can be granted for such claims — Division Bench judgment set aside.

2026 INSC 268 SUPREME COURT OF INDIA DIVISION BENCH UJAAS ENERGY LTD. Vs. WEST BENGAL POWER DEVELOPMENT CORPORATION LTD. ( Before : Dipankar Datta and Augustine George Masih, JJ. )…

Forest (Conservation) Act, 1980 — Section 2 — Forest land — Deemed forest — Master Plan — Statutory plan prevails over subsequent growth of vegetation — Land earmarked for project under an approved Master Plan, which was not forest land at the time of the plan’s inception, cannot subsequently be declared as forest or deemed forest thereby overriding the Master Plan’s statutory force.

2026 INSC 270 SUPREME COURT OF INDIA DIVISION BENCH NAVEEN SOLANKI AND ANOTHER Vs. RAIL LAND DEVELOPMENT AUTHORITY AND OTHERS ( Before : Dipankar Datta and Augustine George Masih, JJ.…

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