Supreme Court of India Judgements

47295 Judgements hosted as on 02/08/2026 - Search (FREE), Subscribe @ Rs 99/- for 6 months, sclaw@sclaw.in, WA +91 9417245693.

Category: Corporate

Corporate

Telecom Regulatory Authority of India Act, 1997 — Section 11, 13, 14, 29, 34 & 36 — Adjudicatory jurisdiction — Distinction between regulatory/enforcement functions of TRAI and adjudicatory jurisdiction of TDSAT — Held, TRAI’s power under Ss. 11(1)(b) and 13 to issue directions for compliance with regulations is regulatory/administrative, not adjudicatory — Direction issued to MSO to restore signals pursuant to IC Regulations, and consequent show cause notice under S. 34 for non-compliance, do not amount to adjudication of dispute between MSO and LCOs — Adjudication of disputes between service providers is exclusive domain of TDSAT under S. 14 — TRAI’s role upon non-compliance confined to that of complainant under S. 34; it cannot itself determine guilt or levy fine under S. 29, which is exclusive province of competent criminal court — TDSAT erred in framing the issue as one of TRAI’s jurisdiction to adjudicate dispute between MSO and LCOs, when TRAI had not purported to adjudicate any such dispute

Jul 25, 2026 sclaw

2026 INSC 742 SUPREME COURT OF INDIA DIVISION BENCH TELECOM REGULATORY AUTHORITY OF INDIA Vs. M/S POLIMER CABLE NETWORK AND OTHERS ( Before : S.V.N. Bhatti and N.V. Anjaria, JJ.…

Corporate

Competition Act, 2002 — Merger control (Section 6 read with Sections 10, 31) — Disclosure obligations — Substance over form (Regulation 9(4) and 9(5)) — Inter-connected steps — Duty of complete notification — Whether mere naming of agreements in a filing constitutes sufficient notice? — Held, notification is sufficient if inter-connected steps and linkages are placed on record and explained, enabling assessment, even if not labelled as per regulator’s preference.

May 31, 2026 sclaw

2026 INSC 576 SUPREME COURT OF INDIA DIVISION BENCH AMAZON.COM NV INVESTMENT HOLDINGS LLC Vs. COMPETITION COMMISSION OF INDIA AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ.…

Corporate SEBI

Securities Contracts (Regulation) Act, 1956 (SCRA) — Section 18A — Validity of derivative contracts — Breach of position limits under SEBI Circular 2001 does not render derivative contracts void — The Circular mandates disclosure of positions exceeding limits and imposes penalties for non-disclosure, not voiding of contracts — Therefore, breach of position limits does not invalidate trades under Section 18A.

May 31, 2026 sclaw

2026 INSC 585 SUPREME COURT OF INDIA DIVISION BENCH RELIANCE INDUSTRIES LIMITED AND OTHERS Vs. THE SECURITIES AND EXCHANGE BOARD OF INDIA ( Before : J.B. Pardiwala and R. Mahadevan,…

Companies Act Corporate

Companies Act, 1956 — Sections 397, 398, 41 and 2(27) — Member of a company — Locus standi to file petition for oppression and mismanagement — Essential requirement is not just formal entry in register of members, but also equitable consideration of proprietary interest and conduct of the company treating the person as a member

May 12, 2026 sclaw

2026 INSC 447 SUPREME COURT OF INDIA DIVISION BENCH DR. BAIS SURGICAL AND MEDICAL INSTITUTE PVT. LTD. AND OTHERS Vs. DHANANJAY PANDE ( Before : Pamidighantam Sri Narasimha and Alok…

Constitution Corporate

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.

Apr 16, 2026 sclaw

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.…

Corporate SEBI

Securities and Exchange Board of India Act, 1992 — Section 15Z — Appeal to Supreme Court against SAT order setting aside Adjudicating Officer’s order imposing penalties for violation of SEBI (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003 and Securities Contracts (Regulation) Act, 1956 — Held, diversion of funds from preferential issue was in violation of Regulations and detrimental to investors — SAT’s reversal of AO’s order based on shareholder ratification was erroneous — Appeals allowed — Order of Adjudicating Officer restored.

Mar 18, 2026 sclaw

2026 INSC 245 SUPREME COURT OF INDIA DIVISON BENCH SECURITIES AND EXCHANGE BOARD OF INDIA Vs. TERRASCOPE VENTURES LIMITED ETC ( Before : J.B. Pardiwala and K. V. Viswanathan, JJ.…

Contract Act Corporate

Contract Act, 1872 — Section 126 — Guarantee — Corporate Guarantee — Defendant No.1 executed a written undertaking (Corporate Guarantee) to pay a sum of USD 100,000 — This constituted a valid guarantee, not just a freight payment arrangement — Liability of surety is co-extensive with principal debtor.

Mar 18, 2026 sclaw

2026 INSC 247 SUPREME COURT OF INDIA DIVISON BENCH CANARA BANK OVERSEAS BRANCH REP. BY SENIOR MANAGER Vs. ARCHEAN INDUSTRIES PRIVATE LIMITED AND ANOTHER ( Before : J.B. Pardiwala and…

Companies Act Corporate

Companies Act, 2013 — Section 66 — Reduction of Share Capital — Procedural Fairness — Minority Shareholders — Valuation of Shares — Non-disclosure of valuation report and fairness report in notice for general meeting — Held, not a “tricky notice” as statutory requirement for valuation report not mandated under Section 66 — Valuation by a related agency — Held, not a conflict of interest where internal auditor is independent and valuation agency follows accepted norms — Discount for Lack of Marketability (DLOM) — Held, applicable to illiquid shares, especially in absence of oppression — Share price fixation — Held reasonable based on market value of subsidiary, past offers, and rights issue.

Mar 15, 2026 sclaw

2026 INSC 213 SUPREME COURT OF INDIA DIVISION BENCH PANNALAL BHANSALI Vs. BHARTI TELECOM LIMITED AND OTHERS ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. ) Civil Appeal…

Banking Corporate

Debts Recovery Tribunal Act, 1993 — Auction Sale — Revaluation of Property — High Court’s direction to reconsider valuation after confirmation of auction sale is permissible if there are credible issues regarding adequacy of valuation or fairness of process for fixing reserve price, to ensure best possible value is realised for the secured asset.

Mar 15, 2026 sclaw

2026 INSC 237 SUPREME COURT OF INDIA DIVISION BENCH OM SAKTHI SEKAR Vs. V. SUKUMAR AND OTHERS ( Before : J.B. Pardiwala and R. Mahadevan, JJ. ) Civil Appeal No.…

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

2026 INSC 205 SUPREME COURT OF INDIA DIVISION BENCH BHAGYALAXMI CO-OPERATIVE BANK LTD. Vs. BABALDAS AMTHARAM PATEL (D) THROUGH LEGAL REPRESENTATIVES AND OTHERS ( Before : B.V. Nagarathna and Ujjal…

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Environment

Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.

Aug 2, 2026 sclaw
Bhartiya Nagrik Suraksha Sanhita Cr P C

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)

Aug 2, 2026 sclaw
Direct Taxation Income Tax Act

Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers.

Aug 2, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible.

Aug 2, 2026 sclaw