Month: January 2026

Expression ‘date of this Notification’ means date of publication in Official Gazette – Foreign Trade (Development and Regulation) Act, 1992 — Section 3 — Notification — Publication in Official Gazette — Essential requirement for enforceability — Delegated legislation requires publication for accessibility, notice, accountability and solemnity — Not an empty formality but transforms executive decision into law — Strict compliance with publication requirement is a condition precedent — Law must be promulgated or published in a recognisable way. (Paras 16, 17, 18, 19)

2026 INSC 80 SUPREME COURT OF INDIA DIVISION BENCH VIRAJ IMPEX PVT. LTD. Vs. UNION OF INDIA AND ANOTHER ( Before : Pamidighantam Sri Narasimha and Alok Aradhe, JJ. )…

Insolvency and Bankruptcy Code, 2016 — Section 60(5)(c) — Jurisdiction of Adjudicating Authority — Declaration of title to trademark — NCLT exceeded its jurisdiction by declaring title to trademark “Gloster” in favour of the Successful Resolution Applicant (SRA) while adjudicating an application under Section 60(5) of the IBC, as the issue of trademark title was a highly contentious dispute beyond the scope of insolvency proceedings and not directly related to the CIRP.

SUPREME COURT OF INDIA DIVISION BENCH GLOSTER LIMITED Vs. GLOSTER CABLES LIMITED AND OTHERS ( Before : J.B. Pardiwala and K. V. Viswanathan, JJ. ) Civil Appeal No. 2996 of…

Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 — Building and Other Construction Workers’ Welfare Cess Act, 1996 — Applicability — Cess could not be levied or collected before the constitution of Welfare Boards, as their constitution is a condition precedent for the implementation of these Acts.

2026 INSC 76 SUPREME COURT OF INDIA DIVISION BENCH PRAKASH ATLANTA (JV) Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA ( Before : Sanjay Kumar and Alok Aradhe, JJ. ) Civil Appeal…

Haryana Development and Regulation of Urban Areas Act, 1975 — Section 3(3A) — Amendment Act, 2020 — Retrospective validation of actions — Power to grant license includes power to modify, suspend, revoke, or delicense — Delicensing of land for commercial purposes after it was initially licensed for residential use is permissible.

2026 INSC 77 SUPREME COURT OF INDIA DIVISION BENCH RAJ SINGH GEHLOT AND OTHERS Vs. AMITABHA SEN AND OTHERS ( Before : J.B. Pardiwala and Sandeep Mehta, JJ. ) Civil…

Factories Act, 1948 — Section 59(2) — Overtime wages calculation — “Ordinary rate of wages” — Includes basic wages plus all allowances worker is entitled to, excluding only bonus and overtime wages — Compensatory allowances like House Rent Allowance (HRA), Transport Allowance (TA), Clothing and Washing Allowance (CWA), and Small Family Allowance (SFA) are includible.

2026 INSC 74 SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS Vs. HEAVY VEHICLES FACTORY EMPLOYEES’ UNION AND ANOTHER ( Before : Rajesh Bindal and Manmohan, JJ.…

Constitution of India, 1950 — Article 142 — Dissolution of marriage — Irretrievable breakdown — Supreme Court can dissolve marriage in exercise of extraordinary powers under Article 142 when marriage has irretrievably broken down, even if one party opposes it, to do complete justice. Factors to consider include period of cohabitation, separation, nature of allegations, attempts at reconciliation, and economic/social status. (Paras 4, 10, 11, 11.1, 11.2, 13, 15, 20, 26)

2026 INSC 73 SUPREME COURT OF INDIA DIVISION BENCH NEHA LAL Vs. ABHISHEK KUMAR ( Before : Rajesh Bindal and Manmohan, JJ. ) Transfer Petition (Crl.) No.338 of 2025 with…

Service Matters

Service Law — Recruitment and Appointment — Suppression of Criminal Antecedents — Candor and Integrity — Application forms (Attestation and Verification Forms) required disclosure of pending criminal cases — Applicant answered in the negative despite two criminal cases pending against him (Case Crime Nos. 198/2019 and 215/2018) — Non-disclosure was repeated (in both forms) and therefore held to reflect deliberate concealment/mal-intent, striking at the core of trust required for public service — Suppression was a violation of clear stipulations/disclaimers in the forms making concealment a disqualification/render applicant unfit for government service — Subsequent voluntary disclosure (via affidavit) or later acquittal/dropping of proceedings do not nullify the fact that candidate provided incorrect and false information at the time of filling the forms — High Court erred in overlooking the repeated concealment and calling the undisclosed information ‘of trivial nature’ — Cancellation of appointment upheld. (Paras 3, 6, 8, 9)

2026 INSC 49 SUPREME COURT OF INDIA DIVISION BENCH STATE OF U.P. AND ANOTHER Vs. DINESH KUMAR ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ. ) Civil Appeal…

Consumer Protection Act, 2019 — Section 71 — Execution of Order — Judgment Debtor Company — Liability of Directors/Promoters — Execution must strictly conform to the decree; it cannot be employed to shift or enlarge liability to bind persons who were neither parties to the decree nor otherwise legally liable thereunder — Where consumer complaints were consciously proceeded against the Company alone (Corporate Debtor), and directors/promoters were dropped as parties during admission/pre-adjudication stage (order unchallenged), the final order binds the Company exclusively, not the directors/promoters. (Paras 9, 10, 11, 12, 15, 23)

2026 INSC 51 SUPREME COURT OF INDIA DIVISION BENCH ANSAL CROWN HEIGHTS FLAT BUYERS ASSOCIATION (REGD.) Vs. M/S ANSAL CROWN INFRABUILD PVT. LTD. AND OTHERS ( Before : Dipankar Datta…

Civil Procedure Code, 1908 (CPC) — Order 21 Rules 97 to 102 — Resistance and Obstruction to Execution of Decree for Possession — Adjudication of rights of obstructionists — Where transferees pendente lite obstruct execution of a decree for possession, the Executing Court must adjudicate the claim; if the obstructionist is found to be a transferee pendente lite, the scope of adjudication is limited to this fact, and such a transferee has no right to resist execution of the decree — The remedy for removal of obstruction is by application under Order 21 Rule 97 by the decree holder, followed by adjudication under Rule 98-101 (Maharashtra Amendment) which bars a separate suit. (Paras 53, 54, 55, 59, 65)

2026 INSC 52 SUPREME COURT OF INDIA DIVISION BENCH ALKA SHRIRANG CHAVAN AND ANOTHER Vs. HEMCHANDRA RAJARAM BHONSALE AND OTHERS ( Before : Manoj Misra and Ujjal Bhuyan, JJ. )…

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