December 2025 - Page 7 of 8 - Supreme Court of India Judgements

January 14, 2026 4:00 pm

Service Law — Termination of Contractual Service — Qualifications — Interpretation of Educational Qualifications — Advertisement requiring “Postgraduate degree in Statistics” — Appellant holding M.Com. degree with Business Statistics and Indian Economic Statistics as principal subjects — Where no Government university offers a degree exclusively titled “Postgraduate degree in Statistics,” insisting solely on the title of the degree, without considering the actual curriculum, amounts to elevating form over substance — The interpretation must be contextual and purposive — Termination based solely on the title of the degree, ignoring expert opinion (Director, W.S.O., S.W.M., P.H.E.D.) that the appellant meets the requirement and the University certificate confirming inclusion of Statistics as principal subjects, is arbitrary and unreasonable. (Paras 3, 4, 31, 32, 37, 44)

Dec 7, 2025 sclaw

2025 INSC 1385 SUPREME COURT OF INDIA DIVISION BENCH LAXMIKANT SHARMA Vs. STATE OF MADHYA PRADESH AND OTHERS ( Before : Sanjay Karol and Vipul M. Pancholi, JJ. ) Civil…

Contempt

Contempt of Court — Initiating contempt proceedings — Clear and unequivocal terms of the underlying order — A Contempt Petition can be dismissed summarily only if the underlying order, the non-compliance of which is alleged, is genuinely unclear, ambiguous, or susceptible to two equally reasonable interpretations — Where the High Court dismissed a Contempt Petition holding that the underlying order was capable of two interpretations, but the Supreme Court found, upon reading the order as a whole, that there were clear and categorical directions and recorded statements regarding handing over of possession and payment of compensation, the dismissal of the Contempt Petition was erroneous. (Paras 1, 7, 8, 9, 10)

Dec 7, 2025 sclaw

2025 INSC 1379 SUPREME COURT OF INDIA DIVISION BENCH BHASKAR GOVIND GAVATE (NOW DECEASED) THROUGH HIS LEGAL HEIRS. Vs. THE STATE OF MAHARASHTRA AND OTHERS ( Before : Pamidighantam Sri…

G S T

Goods and Services Tax (GST) — Exemption Notification — Notification No. 9/2017- Integrated Tax (Rate) dated 28.06.2017 — Entry 13 — Exemption on services by way of renting of residential dwelling for use as residence — Renting residential property as hostel to students/working professionals — Conditions for exemption: renting service, residential dwelling, and use as residence — The term “residential dwelling” is not defined under GST laws but refers to any residential accommodation for long-term stay, excluding commercial places, hotels, guesthouses for temporary stay — Property comprising 42 rooms rented out and sub-leased for use as hostel accommodation is considered a “residential dwelling” as its nature and use remain residential, not commercial accommodation like a hotel. (Paras 36, 46, 47, 50)

Dec 7, 2025 sclaw

2025 INSC 1380 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF KARNATAKA AND ANOTHER Vs. TAGHAR VASUDEVA AMBRISH AND ANOTHER ( Before : J.B. Pardiwala and K.V. Viswanathan, JJ.…

Arbitration

Arbitration and Conciliation Act, 1996 — Section 31(7)(a) and (b) — Power of Arbitral Tribunal to grant interest — Party Autonomy — Pre-award (pendente lite) interest — Section 31(7)(a) mandates that the Arbitral Tribunal’s discretion to award interest on the sum awarded (from date cause of action arose till date of award) is subject to the agreement between the parties (“unless otherwise agreed by the parties”) — When parties specify a contractual rate of interest in the agreement, subject to no legal bar, this stipulation takes precedence over the Arbitrator’s discretion to deem a rate “reasonable” — Arbitral Tribunal is bound by the contractual terms regarding interest once agreed upon, and the borrower cannot later challenge the rate as unconscionable or against public policy, especially in commercial transactions between parties of equal bargaining power — Post-award interest is governed by Section 31(7)(b) (Paras 51, 53, 56, 64, 65, 70).

Dec 7, 2025 sclaw

2025 INSC 1380 SUPREME COURT OF INDIA DIVISION BENCH BPL LIMITED Vs. MORGAN SECURITIES AND CREDITS PRIVATE LIMITED ( Before : J.B. Pardiwala and Sandeep Mehta, JJ. ) Civil Appeal…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 319 — Summoning of Additional Accused — Nature and Scope of Power — The power under Section 319 CrPC is extraordinary and discretionary, intended to be exercised sparingly, but it is an enabling provision aimed at ensuring that no guilty person escapes the process of law — The prerequisite for its exercise is that it must appear from the evidence adduced during inquiry or trial that a person not already arraigned as an accused has committed an offence — The object is to ensure a fair and complete trial and give effect to the maxim ‘judex damnatur cum nocens absolvitur’ (Judge is condemned when guilty is acquitted). (Paras 6, 7)

Dec 7, 2025 sclaw

2025 INSC 1386 SUPREME COURT OF INDIA DIVISION BENCH NEERAJ KUMAR @ NEERAJ YADAV Vs. STATE OF U.P. AND OTHERS ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ.…

Arbitration

Arbitration and Conciliation Act, 1996 — Sections 34 and 37 — Arbitral Award — Excepted or Prohibited Claims — Contractual clauses barring certain claims (e.g., for idle labour, idle machinery, business loss) — Judicial review of awards involving prohibited claims — Applicability of such clauses primarily depends on the agreement between the parties, guided by the principle of party autonomy — Arbitral Tribunal and Courts must rely on the contract as the foundation of the legal relationship — High Court setting aside Civil Court order (under Section 34) and restoring award (under Section 37) solely based on precedent (Bharat Drilling) without independent contractual analysis is flawed — Reinstating claims (underutilised overheads, loss due to underutilised tools/machinery, loss of profit) barred by specific contractual provisions (Clauses 4.20.2, 4.20.4) is incorrect if based only on flawed precedent. (Paras 4, 5, 6, 8, 9)

Dec 7, 2025 sclaw

2025 INSC 1388 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF JHARKHAND Vs. THE INDIAN BUILDERS JAMSHEDPUR ( Before : Pamidighantam Sri Narasimha and Atul S. Chandurkar, JJ. )…

Stamp Act

Stamp Act, 1899 — Section 9A (inserted by Indian Stamp (Bihar Amendment) Act, 1988) — Exemption of Stamp Duty — Cooperative Societies — Transfer of Premises to Members — Jharkhand Self-Supporting Cooperative Societies Act, 1996 — Section 5(7) — Conclusive Evidence — Mandating recommendation from Assistant Registrar, Cooperative Society, as a prerequisite for granting stamp duty exemption under Section 9A is illegal and ultra vires because the certificate of registration issued under Section 5(7) of the 1996 Act is conclusive proof of the society’s existence, rendering the additional requirement superfluous, unnecessary, and based on irrelevant consideration. (Paras 2.2, 3, 4, 11, 12, 13, 14, 15)

Dec 7, 2025 sclaw

2025 INSC 1389 SUPREME COURT OF INDIA DIVISION BENCH ADARSH SAHKARI GRIH NIRMAN SWAWLAMBI SOCIETY LTD. Vs. THE STATE OF JHARKHAND AND OTHERS ( Before : Pamidighantam Sri Narasimha and…

Service

General Provident Fund (Central Service) Rules, 1960 — Rules 5(5), 5(6), 33 and Note 2 to Rule 476(V) of Official Manual (Part V) — Interpretation — While Rules 5(5) and 5(6) read together do not automatically cancel a nomination where the subscriber fails to send a notice of cancellation and a fresh nomination — The express condition in the original nomination form stating it invalidates upon the subscriber acquiring a family renders the nomination void the moment the condition (marriage) occurs, triggering distribution under Rule 33(i)(b) to all family members in equal shares. (Paras 5, 7, 8)

Dec 7, 2025 sclaw

2025 INSC 1391 SUPREME COURT OF INDIA DIVISION BENCH SMT. BOLLA MALATHI Vs. B. SUGUNA AND OTHERS ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ. ) Civil Appeal…

Matrimonial

Hindu Marriage Act, 1955 — Section 13(1)(ia) — Divorce — Cruelty — Irretrievable breakdown of marriage — Parties living separately for more than thirteen years (since 2012) without any meaningful effort at reconciliation — Relationship deeply embittered and acrimonious — High Court confirmed dissolution of marriage considering the welfare of the parties and their child — Supreme Court affirmed the decree of divorce, holding that perpetuating a legal bond long ceased to have substance would only prolong hostility and impede ability to move forward with dignity, confirming dissolution is in the interest of justice and welfare of all concerned. (Paras 4, 6, 7, 13)

Dec 7, 2025 sclaw

2025 INSC 1390 SUPREME COURT OF INDIA DIVISION BENCH SONIA VIRK Vs. ROHIT VATS ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Civil Appeal No. 14856 of 2024…

Constitution

Constitution of India, 1950 — Articles 14, 21 — Rights of Persons with Disabilities Act, 2016 (RPwD Act) — Substantive Equality and Inclusion — Scope and Spirit — The measure of a just society demands the removal of barriers for all citizens to realize their potential, transforming formal equality into substantive inclusion — Constitutional vision requires every person, regardless of physical or sensory limitation, to participate with dignity — Rights guaranteed to persons with disabilities are expressions of the constitutional promise of equality, dignity, and non-discrimination, not acts of benevolence. (Paras 1, 12, 13)

Dec 4, 2025 sclaw

2025 INSC 1376 SUPREME COURT OF INDIA DIVISION BENCH MISSION ACCESSIBILITY Vs. UNION OF INDIA AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Writ Petition (C)…

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Arbitration

Arbitration and Conciliation Act, 1996 — Sections 5, 34, and 37 — Scope of Judicial Intervention — Minimum intervention of judicial authority in domestic arbitration matters is required under Section 5 — Challenge to an arbitral award under Section 34 is limited to specific grounds, including patent illegality or conflict with the public policy of India — Scope of interference by the Appellate Court under Section 37 is akin to and cannot travel beyond the restrictions laid down under Section 34 — Appellate Court cannot undertake an independent assessment of the merits of the award or re-interpret contractual clauses if the interpretation by the Arbitral Tribunal was a plausible view and upheld under Section 34 — Setting aside an arbitral award under Section 37, which was upheld under Section 34, based on providing a different interpretation of contractual clauses is unsustainable in law. (Paras 24, 25, 30, 31, 36, 37, 39, 50, 51)

Jan 11, 2026 sclaw

Limitation

Limitation Act, 1963 — Article 54 — Suit for specific performance — Commencement of limitation period — Where the defendant subsequently executed an affidavit ratifying the agreement to sell and conveying no-objection to the transfer, the period of limitation commences from the date of the admitted affidavit, as this is the stage at which the executant finally refused to execute the sale deed to the extent of her share — Trial court and High Court erred in dismissing the suit on the ground of limitation calculated from an earlier disputed date. (Paras 13, 35, 36, 37)

Jan 11, 2026 sclaw

Arbitration

Arbitration and Conciliation Act, 1996 — Section 9(2) read with Rule 9(4) of 2001 Rules — Setting aside High Court judgment — High Court erroneously treated the date of filing of the Section 11 petition (28.06.2024) as the commencement date, leading to the conclusion that proceedings commenced beyond the statutory period — Where the arbitration notice was served (on 11.04.2024) well within the 90-day period from the ad-interim injunction order (17.02.2024), proceedings commenced in time as per Section 21 — High Court’s finding unsustainable, resulting in the restoration of the Trial Court’s initial ad-interim injunction order. (Paras 28, 31, 32) E. Arbitration and Conciliation Act, 1996 — Section 9 — Interim injunction — Dispute regarding existence

Jan 11, 2026 sclaw

Corporate

Motor Vehicles Act, 1988 — Section 2(28) — Definition of “motor vehicle” — Components — Definition has two parts: an inclusive part (mechanically propelled vehicle adapted for use upon roads) and an exclusive part — The second part expressly excludes “a vehicle of a special type adapted for use only in a factory or in any other enclosed premises” — Although Dumpers, Loaders, etc., may fall under the first part of the definition, they are excluded if their nature of use is confined to factory or enclosed premises, being special type vehicles/Construction Equipment Vehicles. (Paras 36, 37, 38, 39)

Jan 11, 2026 sclaw

Month: December 2025

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