Category: Constitution

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…

Foreign Exchange Management Act, 1999 (FEMA) — Section 37A — Seizure of assets — Adjudication proceedings are independent of seizure proceedings — The order of the Competent Authority confirming seizure of equivalent assets continues until the disposal of adjudication proceedings — The Adjudicating Authority then passes appropriate directions regarding further action on the seizure — However, this does not apply to a situation where seizure has not been confirmed.

2026 INSC 309 SUPREME COURT OF INDIA DIVISION BENCH J. SRI NISHA Vs. THE SPECIAL DIRECTOR, ADJUDICATING AUTHORITY, DIRECTORATE OF ENFORCEMENT AND ANOTHER ( Before : Vikram Nath and Sandeep…

Constitution of India, 1950 — Articles 14, 15(1), 16, 309 — Relaxation in qualifying examination (TET) marks for reserved category candidates — The provision of relaxation in qualifying marks in TET enables reserved category candidates to enter the zone of consideration and does not affect their inter se merit in the main selection process (TAIT) — Migration to the open category is permissible if recruitment rules do not expressly prohibit it or are silent on the matter — Decisions in Pradeep Kumar and Sajib Roy are distinguishable as they dealt with candidates not fulfilling essential eligibility criteria, unlike in this case where relaxation in TET marks is expressly permitted by NCTE guidelines — The High Court erred in not allowing meritorious reserved category candidates to be considered under the general category — Appeals allowed, impugned judgment set aside.

2026 INSC 277 SUPREME COURT OF INDIA DIVISION BENCH CHAYA AND OTHERS Vs. THE STATE OF MAHARASHTRA AND ANOTHER ( Before : Pamidighantam Sri Narasimha and Alok Aradhe, JJ. )…

Constitution of India, 1950 — Article 21 — Right to dignified life — Includes reproductive autonomy and the right to foster a family through adoption — Restricting maternity benefit based on the age of an adopted child infringes upon this right by denying adoptive mothers the opportunity to bond and integrate with their child, compromising both maternal and child welfare.

2026 INSC 246 SUPREME COURT OF INDIA DIVISON BENCH HAMSAANANDINI NANDURI Vs. UNION OF INDIA AND OTHERS ( Before : J.B. Pardiwala and R. Mahadevan, JJ. ) Writ Petition (C)…

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