Category: Constitution

Subsidy Withdrawal — Authorities cannot withdraw an already granted subsidy or demand its refund without providing specific reasons or demonstrating non-compliance with scheme conditions. Merely finding a facility ‘in closed condition’ during an inspection, without further inquiry or evidence of failure to operate, is insufficient justification for withdrawal.

2026 INSC 385 SUPREME COURT OF INDIA DIVISION BENCH AGRICULTURE PRODUCE MARKET COMMITTEE, DEESA Vs. NATIONAL HORTICULTURE BOARD AND OTHERS ( Before : Sanjay Karol and Augustine George Masih, JJ.…

Legal Services Authorities Act, 1987 — Standard Operating Procedure (SOP) for Translation and Transmission of Records for Legal Aid Appeals and Special Leave Petitions (SLPs) — The Supreme Court has approved and directed implementation of an SOP to streamline the process of translation, digitization, and filing of records in legal aid cases, with specific timelines and responsibilities for various stakeholders to ensure timely access to justice.

2026 INSC 369 SUPREME COURT OF INDIA DIVISION BENCH SHANKAR MAHTO Vs. STATE OF BIHAR ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ. ) Criminal Appeal No. ….of…

Constitution of India, 1950 — Article 22(3)(b) — Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) — Sections 3(1), 8(c), 8(e) — Right to legal representation before Advisory Board — A detenu does not have a right to be represented by a legal practitioner before the Advisory Board — This right only arises if the detaining authority or government uses a legal practitioner, in which case the detenu must also be allowed legal representation — Mere assistance by officials in producing records does not grant this right

2026 INSC 371 SUPREME COURT OF INDIA DIVISION BENCH PRIYANKA SARKARIYA Vs. THE UNION OF INDIA AND ANOTHER ( Before : M. M. Sundresh and Nongmeikapam Kotiswar Singh, JJ. )…

Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) — Insolvency and Bankruptcy Code, 2016 (IBC) – Repeal of SICA and Abatement of Proceedings – Companies whose proceedings were pending before BIFR/AAIFR could approach NCLT within 180 days of IBC enactment – Failure to do so results in abatement and revival of earlier orders, like winding up recommendation.

2026 INSC 364 SUPREME COURT OF INDIA DIVISION BENCH BHARTIYA MAZDOOR SANGH, U.P. AND ANOTHER Vs. STATE OF U.P. AND OTHERS ( Before : Rajesh Bindal and Vijay Bishnoi, JJ.…

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.…

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…

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…

Constitution of India, 1950 — Article 14 — Public power, allocation of public resources, award of public contracts, execution of public works — State bound to act transparently, fairly, and consistently with equality — Process must withstand objective scrutiny and be free from arbitrariness, favouritism, or undisclosed conflicts of interest — Public confidence in governance requires equality, integrity, and accountability.

2026 INSC 320 SUPREME COURT OF INDIA FULL BENCH SAVE MON REGION FEDERATION AND ANOTHER Vs. THE STATE OF ARUNACHAL PRADESH AND OTHERS ( Before : Vikram Nath, Sandeep Mehta…

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