Supreme Court of India Judgements

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Category: Constitution

Constitution Corporate

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)

Jan 22, 2026 sclaw

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. )…

Constitution Labour Cases

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.

Jan 21, 2026 sclaw

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…

Constitution Matrimonial

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)

Jan 21, 2026 sclaw

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…

Constitution

Justice K.V. Viswanathan upheld the constitutional validity of Section 17A of the Prevention of Corruption Act but held that it must operate with mandatory independent screening by the Lokpal or Lokayukta, whose recommendation would be binding on the Government, in order to cure the defects identified in Vineet Narain and Subramanian Swamy and to balance protection of honest public servants with the rule of law, whereas Justice B.V. Nagarathna, in dissent, held that Section 17A is unconstitutional in its entirety as it effectively protects only higher-level decision-making public servants, creates an impermissible classification under Article 14, revives the invalidated Single Directive and Section 6A of the DSPE Act, forecloses even preliminary inquiry, and cannot be salvaged by reading the Lokpal into the statute without engaging in impermissible judicial legislation. Having regard to the divergent opinions expressed by Hon’ able Judges, direct the Registry to place this matter before Hon’ble the Chief Justice of India for constituting an appropriate Bench to consider the issues which arise in this matter afresh.

Jan 18, 2026 sclaw

2026 INSC 55 SUPREME COURT OF INDIA DIVISION BENCH CENTRE FOR PUBLIC INTEREST LITIGATION Vs. UNION OF INDIA ( Before : B.V. Nagarathna and K.V. Viswanathan, JJ. ) Writ Petition…

Constitution

Judges (Inquiry) Act, 1968 — Section 3(2), First Proviso — Constitution of Joint Committee — Proviso applies only when notices of motion given on the same day in both Houses are admitted by both Houses — Does not mandate a Joint Committee if the motion is admitted in one House and rejected in the other — Presiding Officer of the House where motion is admitted can independently proceed to constitute a Committee. (Paras 12.2, 12.4, 14)

Jan 17, 2026 sclaw

2026 INSC 65 SUPREME COURT OF INDIA DIVISION BENCH X Vs. O/O SPEAKER OF THE HOUSE OF PEOPLE & ORS. . RESPONDENTS ( Before : Dipankar Datta and Satish Chandra…

Constitution

Passports Act, 1967 — Sections 5, 6(2)(f), 7, 8, 9, 10, and 22 — Refusal to issue or re-issue a passport due to pending criminal proceedings — Exemption under Section 22 via Notification GSR 570(E) dated 25.08.1993 — Section 6(2)(f) bars issuance if criminal proceedings are pending, but this is subject to “other provisions of this Act,” including Section 22 — GSR 570(E) exempts persons facing criminal proceedings if they obtain permission from the concerned criminal court — This exemption is structured, tying validity and use to the court’s order; it permits issuing a passport where the criminal court allows renewal and retains judicial supervision over foreign travel. (Paras 7.2, 7.6, 7.8, 8, 9, 10, 12, 15, 25)

Dec 30, 2025 sclaw

2025 INSC 1476 SUPREME COURT OF INDIA DIVISION BENCH MAHESH KUMAR AGARWAL Vs. UNION OF INDIA AND OTHERS ( Before : Vikram Nath and Augustine George Masih, JJ. ) Civil…

Constitution

Employees’ State Insurance Act, 1948 — Section 45A — Determination of contributions in certain cases — Preconditions for invoking Section 45A — Section 45A is a special provision for best-judgment assessment applicable only when an employer fails to submit, furnish, or maintain returns, particulars, registers, or records as required by Section 44, OR obstructs an Inspector or official in discharging duties under Section 45 — It is not an alternative mode of assessment available at the option of the Corporation — When records (ledgers, cash books, vouchers, etc.) are produced and the employer cooperates by attending multiple personal hearings, the mere allegation of inadequacy or deficiency of supporting documents does not satisfy the statutory threshold of “non-production” or “obstruction” to invoke Section 45A — Mere inadequacy of records does not confer jurisdiction under Section 45A. (Paras 14.6, 14.7, 24, 25, 27, 30)

Dec 19, 2025 sclaw

2025 INSC 1455 SUPREME COURT OF INDIA DIVISION BENCH M/S. CARBORANDUM UNIVERSAL LTD. Vs. ESI CORPORATION ( Before : Manoj Misra and Ujjal Bhuyan, JJ. ) Civil Appeal No. 14858…

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)…

Constitution Environment

Constitution of India, 1950 — Article 21 — Right to Life and Healthy Environment — Environmental Degradation: Pollution of Jojari, Bandi, and Luni Rivers in Rajasthan due to untreated industrial effluents and municipal sewage threatens the lives of 2 million people and the ecosystem — This constitutes a gross dereliction of constitutional duty and a direct constitutional injury — The right to a healthy environment, including pollution-free water and air, is an indispensable facet of the right to life under Article 21, reinforced by Articles 48A and 51A(g) — Judicial intervention is warranted when environmental degradation strikes at the foundation of these guarantees. (Paras 3, 10, 11, 12, 13, 15, 28)

Nov 30, 2025 sclaw

2025 INSC 1341 SUPREME COURT OF INDIA DIVISION BENCH IN RE: 2 MILLION LIVES AT RISK, CONTAMINATION IN JOJARI RIVER, RAJASTHAN ( Before : Vikram Nath and Sandeep Mehta, JJ.…

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Artificial Intelligence Constitution

Artificial Intelligence (AI) — Use in Legal Proceedings — Reliance on AI-generated judgments by a court is a serious matter concerning the integrity of the judicial process — Such judgments, if non-existent or fake, amount to misconduct rather than a simple error of judgment — Supreme Court orders examination of consequences and accountability for such practices — Notice issued to the Attorney General, Solicitor General, and Bar Council of India to address this institutional concern.

Mar 4, 2026 sclaw
Electricity Act

Power Purchase Agreement (PPA) / Power Supply Agreement (PSA) — Interpretation of Contract — Surrounding Circumstances — Evidence Act, 1872, Sections 92, 94, 95 — Contractual terms can be clarified by attending circumstances and conduct of parties, even if contract is reduced to writing, to give meaning to terms that may otherwise be meaningless or unworkable.

Mar 4, 2026 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 31(7)(a) — Interest awarded by Arbitral Tribunal — Contractual bar — Where a contract expressly prohibits the award of pre-award and pendente lite interest, an Arbitral Tribunal cannot award such interest, even if termed as compensation, as the arbitrator is bound by the terms of the contract.

Mar 4, 2026 sclaw
Corporate Tenders & Contracts

Contract Act, 1872 — Section 133 — Discharge of surety by variance in terms of contract — A variance made without the surety’s consent in the terms of the contract between the principal debtor and the creditor discharges the surety only with respect to transactions occurring subsequent to the variance. The surety remains liable for the original amount guaranteed.

Mar 4, 2026 sclaw