Month: April 2026

Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of Inquiry — Limited to prima facie existence of arbitration agreement — Questions like ‘accord and satisfaction’, limitation, dishonesty, frivolity and arbitrability of subject matter are to be left to the arbitral tribunal under Section 16, reflecting the principle of Kompetenz-Kompetenz.

2026 INSC 342 SUPREME COURT OF INDIA DIVISION BENCH MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED (MSEDCL) AND OTHERS Vs. R Z MALPANI ( Before : J.K. Maheshwari and Atul S.…

Multi-State Cooperative Societies Act, 2002 — Section 64(d) — Investment of funds by Multi-State Co-operative Society (MSCS) — Permitted investments are in subsidiary institutions or institutions in the same line of business — Amendment aimed at preventing misuse of funds and ensuring financial discipline — “Same line of business” requires substantial or predominant sameness in core business activities, determined by MSCS’s bye-laws — Not to be construed expansively.

2026 INSC 338 SUPREME COURT OF INDIA DIVISION BENCH M/S NIRMAL UJJWAL CREDIT CO-OPERATIVE SOCIETY LTD. Vs. RAVI SETHIA AND OTHERS ( Before : J.B. Pardiwala and K.V. Viswanathan, JJ.…

Criminal Procedure Code, 1973 (CrPC) — Sections 468, 469, 470, 472, 473 and 341 — Limitation for taking cognizance of offence — Relevant date for computation of period of limitation is date of filing of complaint or date of initiation of criminal proceedings, not date on which Magistrate takes cognizance — Constitution Bench decision in Sarah Mathew v. Institute of Cardio Vascular Diseases [(2014) 2 SCC 62] holds good law.

2026 INSC 336 SUPREME COURT OF INDIA DIVISION BENCH ROMA AHUJA Vs. THE STATE AND ANOTHER ( Before : Prashant Kumar Mishra and N.V. Anjaria, JJ. ) Criminal Appeal Nos.…

Service Matters

Uttar Pradesh Civil Services (Extraordinary Pension) Rules, 1981 — Rule 4 — Sanction of Governor for award — Extraordinary pension award requires sanction of the Governor, who exercises administrative discretion based on the rules — The Supreme Court held that the authority on whom the power to take a decision is conferred should be the one to take it, especially when the rules enumerate the considerations — The Court would be slow to substitute its own decision unless the authority has refused to decide or the decision is arbitrary — In such cases, a direction to the authority to decide afresh would be more appropriate than the Court substituting its own decision.

2026 INSC 337 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF UTTARAKHAND Vs. SARITA SINGH AND OTHERS ( Before : J.K.Maheshwari and Atul S. Chandurkar, JJ. ) Civil Appeal…

Rajasthan Co-operative Societies Act, 2001 — Section 32, Section 8 read with Schedule B — Bye-laws framed by District Milk Producers’ Co-operative Unions — Validity — Election to Management Committee — Eligibility criteria — Held, bye-laws are valid as they operate within the statutory scheme and are traceable to the enabling power under Section 8 read with Schedule B — Provisions of bye-laws regulate eligibility and representation in a manner consistent with the object and scheme of the Act — They neither curtail any fundamental or statutory right nor introduce disqualifications dehors the statute — High Court erred in striking down the bye-laws.

2026 INSC 347 SUPREME COURT OF INDIA DIVISION BENCH RAM CHANDRA CHOUDHARY AND OTHERS Vs. ROOP NAGAR DUGDH UTPADAK SAHAKARI SAMITI LIMITED AND OTHERS ( Before : B.V. Nagarathna and…

Karnataka Rent Act, 1999 — Section 46 — Revisional jurisdiction of High Court — Scope — High Court cannot re-appreciate evidence or substitute its own findings for those of the trial court — Revisional power is supervisory and limited to examining legality, correctness, or propriety of an order, not to act as a court of first appeal — Interference is warranted only for perversity, lack of evidence, or manifest illegality

2026 INSC 348 SUPREME COURT OF INDIA DIVISION BENCH SRI M.V. RAMACHANDRASA SINCE DECEASED REPRESENTED BY LEGAL HEIRS Vs. M/S. MAHENDRA WATCH COMPANY REPRESENTED BY ITS PARTNERS AND OTHERS (…

Service Matters

Uttar Pradesh Public Services (Reservation for Economically Weaker Sections) Act, 2020 — Advertisement dated 15.12.2021 for 9212 posts of Health Worker (Female) — Economically Weaker Section (EWS) reservation — Clause 8.3 of advertisement requiring candidates to submit EWS certificate issued till the last date of application or advertisement — Prescribed proforma requires certificate to be for the financial year preceding the year of application — Certificates submitted by appellants were not in respect of the correct financial year or were issued before the closure of the relevant financial year — Certificates thus invalid for claiming EWS reservation — High Court rightly dismissed the claim — Appeals dismissed.

2026 INSC 351 SUPREME COURT OF INDIA DIVISION BENCH POONAM DWIVEDI AND OTHERS Vs. STATE OF U.P. AND OTHERS ( Before : Manoj Misra and Prasanna B. Varale, JJ. )…

Contitution of India — Articles 14 & 16 — Equality in employment — Denial of promotion on discriminatory grounds — Appellant denied promotion despite long service, experience, and possessing a qualification that was accepted for similarly situated employees — High Court Division Bench erroneously set aside Single Judge’s order granting relief, creating contradiction in reasoning by first stating discretion lies with Board of Directors and then upholding Registrar’s refusal — Supreme Court allowed appeal, finding non-acceptance of promotion unsustainable and a violation of equality principles.

2026 INSC 353 SUPREME COURT OF INDIA DIVISION BENCH KAMAL PRASAD DUBEY Vs. THE STATE OF MADHYA PRADESH AND OTHERS ( Before : Prashant Kumar Mishra and N.V. Anjaria, JJ.…

Constitution of India, 1950 — Article 14 — Equality before law — Dearness Allowance (DA) and Dearness Relief (DR) — Sanctioning different rates of enhancement for DA for serving employees and DR for pensioners, when both are intended to mitigate inflation, is discriminatory and violates Article 14.

2026 INSC 352 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF KERALA Vs. M. VIJAYAKUMAR AND OTHERS ( Before : Manoj Misra and Prasanna B. Varale, JJ. ) Civil…

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