https://sclaw.in/2026/05/31/negotiable-instruments-act-1881-sections-138-141-insolvency-and-bankruptcy-code-2016-ibc-part-iii-personal-insolvency-moratorium-provisions-cr/ 2026-05-31T08:24:31Z Supreme Court of India Judgements en Negotiable Instruments Act, 1881 — Sections 138 & 141 — Insolvency and Bankruptcy Code, 2016 (IBC) — Part III (Personal Insolvency) — Moratorium Provisions — Criminal Proceedings vs. Civil Liability — Dishonour of cheque is a criminal offence due to specific deeming fiction in Section 138, not merely a civil wrong for debt recovery, even though it arises from a debt — Held, moratorium under IBC Part III does not stay criminal proceedings under Section 138 of NI Act. 2026-05-31T08:24:31Z Blog https://sclaw.in/2026/05/31/insolvency-and-bankruptcy-code-2016-ibc-corporate-insolvency-resolution-process-cirp-letter-of-intent-loi-appellants-claim-that-lois-were-conditional-due-to-clau/ 2026-05-31T08:19:43Z Supreme Court of India Judgements en Insolvency and Bankruptcy Code, 2016 (IBC) — Corporate Insolvency Resolution Process (CIRP) — Letter of Intent (LoI) — Appellant's claim that LoIs were conditional due to clauses concerning pending judicial orders and staff/employee litigation rejected — NCLT and NCLAT found appellant was aware of these issues and discussions in CoC meetings — Appellant's arguments of conditional LoI were considered an "after-thought" and an attempt to renege from the plan. 2026-05-31T08:19:43Z Blog https://sclaw.in/2026/05/31/central-excise-act-1944-section-2f-manufacture-two-fold-test-for-an-activity-to-be-considered-manufacture-it-must-result-in-new-distinct-goods-with-a-n/ 2026-05-31T08:14:45Z Supreme Court of India Judgements en Central Excise Act, 1944 — Section 2(f) — Manufacture — Two-fold test — For an activity to be considered "manufacture," it must result in new, distinct goods with a new identity, character, or use (transformation test), and these resultant goods must be marketable — Both tests must be satisfied. --Section 35L(2) — Amendment retrospectivity — Amendment clarifying that taxability or excisability of goods is included in "determination of any question having a relation to the rate of duty" is clarificatory and retrospective in nature. 2026-05-31T08:14:45Z Blog https://sclaw.in/2026/05/31/criminal-procedure-code-1973-crpc-section-482-quashing-of-criminal-proceedings-high-courts-power-to-quash-proceedings-is-distinct-from-compounding-offences-under-sec/ 2026-05-31T08:09:46Z Supreme Court of India Judgements en Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — High Court's power to quash proceedings is distinct from compounding offences under Section 320 CrPC and can be invoked even for non-compoundable offences — Inherent power to be exercised to secure ends of justice or prevent abuse of process of court — Nature and gravity of offence to be considered — Heinous offences generally not quashed, but cases with overwhelming civil flavour, particularly arising from commercial/financial transactions, may be quashed if parties have settled disputes and conviction is remote, to prevent oppression and injustice. 2026-05-31T08:09:46Z Blog https://sclaw.in/2026/05/31/service-law-termination-of-probationer-regulation-163a-of-vijaya-bank-officers-regulations-1982-termination-simpliciter-vs-punitive-termination/ 2026-05-31T08:03:49Z Supreme Court of India Judgements en Service Law — Termination of probationer — Regulation 16(3)(a) of Vijaya Bank (Officers’) Regulations, 1982 — Termination simpliciter vs — punitive termination — Termination deemed punitive if based on allegations of misconduct without due process, even if framed as unsatisfactory performance — Bank’s attempt to terminate for misconduct shifted to termination for unsatisfactory performance to bypass inquiry, rendering it unsustainable. 2026-05-31T08:03:49Z Blog https://sclaw.in/2026/05/31/arbitration-and-conciliation-act-1996-section-34-37-scope-of-interference-courts-jurisdiction-under-section-34-is-narrowly-circumscribed-and-confined-to-specific-gro/ 2026-05-31T07:55:02Z Supreme Court of India Judgements en Arbitration and Conciliation Act, 1996 — Section 34 & 37 — Scope of Interference — Court's jurisdiction under Section 34 is narrowly circumscribed and confined to specific grounds enumerated — Court cannot act as an appellate forum to correct factual errors or review merits — Arbitral Tribunal is master of evidence and interpretation of contracts — Interference is not warranted merely because an alternative view is possible, if the tribunal's conclusion is plausible and can be arrived at by a reasonable person. 2026-05-31T07:55:02Z Blog https://sclaw.in/2026/05/31/arbitration-act-1940-section-21-arbitration-in-suits-mandatory-requirement-of-court-order-of-reference-for-arbitration-proceedings-to-be-validly-initiated-or-c/ 2026-05-31T07:49:46Z Supreme Court of India Judgements en Arbitration Act, 1940 — Section 21 — Arbitration in suits — Mandatory requirement of court order of reference — For arbitration proceedings to be validly initiated or continued during pendency of a suit, parties must obtain an order of reference from the court under Section 21 — Failure to comply renders the award legally ineffective as a bar to the suit. 2026-05-31T07:49:46Z Blog https://sclaw.in/2026/05/31/land-acquisition-act-1894-section-4-and-6-compensation-for-acquired-land-challenge-to-compensation-awarded-by-high-court-supreme-court-upholds-high-courts-de/ 2026-05-31T07:45:33Z Supreme Court of India Judgements en Land Acquisition Act, 1894 — Section 4 and 6 — Compensation for acquired land — Challenge to compensation awarded by High Court — Supreme Court upholds High Court's decision based on a previous judgment dealing with the same acquisition and village — Appellant denied further enhancement. 2026-05-31T07:45:33Z Blog https://sclaw.in/2026/05/31/right-of-children-to-free-and-compulsory-education-act-2009-rte-act-section-23-applicability-to-in-service-teachers-sub-section-1-governs-eligibility-for-future-appo/ 2026-05-31T07:38:00Z Supreme Court of India Judgements en Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) — Section 23 — Applicability to in-service teachers — Sub-section (1) governs eligibility for future appointments (prospective), while the first proviso to sub-section (2) specifically addresses teachers already in service, allowing them time to acquire qualifications — The second proviso, added by the 2017 Amendment Act, further extends this window for teachers appointed or in service as of March 31, 2015 — The legislative intent is to recognize existing appointments while providing a time-bound mechanism for qualification, not to invalidate past appointments retrospectively or impose immediate disqualification 2026-05-31T07:38:00Z Blog https://sclaw.in/2026/05/31/evidence-act-1872-section-133-and-illustration-b-to-section-114-accomplice-testimony-testimony-of-an-approver-accomplice-is-not-illegal-merely-because-it-is-uncorrobor/ 2026-05-31T07:34:48Z Supreme Court of India Judgements en Evidence Act, 1872 — Section 133 and Illustration (b) to Section 114 — Accomplice Testimony — Testimony of an approver/accomplice is not illegal merely because it is uncorroborated, but as a rule of prudence, it is unsafe to convict solely on the basis of uncorroborated testimony — Corroboration must be in material particulars and should come from independent sources. 2026-05-31T07:34:48Z Blog https://sclaw.in/2026/05/31/succession-act-1925-section-263-revocation-of-probate-limitation-no-specific-period-of-limitation-prescribed-for-application-for-revocation-of-probate/ 2026-05-31T07:29:11Z Supreme Court of India Judgements en Succession Act, 1925 — Section 263 — Revocation of probate — Limitation — No specific period of limitation prescribed for application for revocation of probate — Article 137 of Limitation Act, 1963 applies — Right to apply accrues when applicant has knowledge of the facts justifying revocation. 2026-05-31T07:29:11Z Blog https://sclaw.in/2026/05/31/uttar-pradesh-urban-building-regulation-of-letting-rent-and-eviction-act-1972-section-218-proviso-enhancement-of-rent-application-for-enhancement-of-rent-under-the/ 2026-05-31T07:00:57Z Supreme Court of India Judgements en Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 — Section 21(8), Proviso — Enhancement of rent — Application for enhancement of rent under the proviso to Section 21(8) is permissible and maintainable. 2026-05-31T07:00:57Z Blog https://sclaw.in/2026/05/31/evidence-act-1872-section-112-presumption-of-legitimacy-dna-test-can-be-directed-to-determine-paternity-only-when-there-is-sufficient-prima-facie-material-to-dislodge-th/ 2026-05-31T06:19:00Z Supreme Court of India Judgements en Evidence Act, 1872 — Section 112 — Presumption of legitimacy — DNA test can be directed to determine paternity only when there is sufficient prima facie material to dislodge the presumption under Section 112.-- Section 114(h) — Adverse inference — Not applicable at the stage where the Court is considering the need for a DNA test. 2026-05-31T06:19:00Z Blog https://sclaw.in/2026/05/31/constitution-of-india-1950-articles-21-32-226-illegal-detention-definition-illegal-detention-may-be-defined-as-the-deprivation-of-liberty-by-the-state-withou/ 2026-05-31T06:14:13Z Supreme Court of India Judgements en Constitution of India, 1950 — Articles 21, 32, 226 — Illegal detention — Definition — Illegal detention may be defined as the deprivation of liberty by the State without lawful authority or in violation of provisions of the Constitution — It involves actual custody such that the individual is not free to leave — The detention must lack a valid legal basis, including situations where authority is void or expired — Even where a law permits detention, it becomes illegal if the procedure followed is not just, fair and reasonable, including failure to observe essential safeguards — Also covers situations where the power to detain is exercised arbitrarily, for an improper purpose, or in bad faith. 2026-05-31T06:14:13Z Blog https://sclaw.in/2026/05/31/andhra-pradesh-charitable-and-hindu-religious-institutions-and-endowments-act-1987-1987-act-section-512-principles-of-natural-justice-failure-to-supply-charge-memo-a/ 2026-05-31T06:10:54Z Supreme Court of India Judgements en Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (1987 Act) — Section 51(2) — Principles of Natural Justice — Failure to supply charge memo and supporting documents to the appellant — Enquiry conducted ex-parte — Order of removal vitiated — High Court erred in holding that opportunity at show cause stage cured the defects — Supreme Court set aside the removal order, confirmation order, and enquiry report. 2026-05-31T06:10:54Z Blog https://sclaw.in/2026/05/31/civil-procedure-code-1908-cpc-order-12-rule-6-judgment-on-admissions-scope-and-exercise-of-discretion-provision-allows-for-speedy-relief-where-there-is-no-su/ 2026-05-31T06:06:55Z Supreme Court of India Judgements en Civil Procedure Code, 1908 (CPC) — Order 12 Rule 6 — Judgment on Admissions — Scope and Exercise of Discretion — Provision allows for speedy relief where there is no substantial dispute requiring trial, but cannot deprive a party of adjudication if controversy involves disputed questions of fact and requires evidence — Admission must be categorical, unambiguous, unconditional, and unequivocal — Admissions should be clear and intentional, and discretion to pass judgment without trial should be used cautiously, only when admission is absolute, clear, categorical, and unconditional. 2026-05-31T06:06:55Z Blog https://sclaw.in/2026/05/31/constitution-of-india-1950-article-21-right-to-livelihood-and-dignity-prolonged-non-payment-of-salaries-and-retiral-dues-of-employees-of-state-owned-corporations-led-to/ 2026-05-31T06:02:23Z Supreme Court of India Judgements en Constitution of India, 1950 — Article 21 — Right to Livelihood and Dignity — Prolonged non-payment of salaries and retiral dues of employees of State-owned Corporations led to severe humanitarian consequences, including destitution and even suicides, impacting the right to livelihood and dignity guaranteed under Article 21 of the Constitution. 2026-05-31T06:02:23Z Blog https://sclaw.in/2026/05/31/contempt-of-court-wilful-disobedience-of-court-orders-non-compliance-with-supreme-courts-direction-to-de-seal-premises-for-nearly-three-months-despite-petitioners-repeated-repr/ 2026-05-31T05:58:46Z Supreme Court of India Judgements en Contempt of Court — Wilful disobedience of Court orders — Non-compliance with Supreme Court's direction to de-seal premises for nearly three months despite petitioner's repeated representations and legal notices — Officials treated judicial orders with undue delay and inaction — Such conduct undermines rule of law and judiciary's authority 2026-05-31T05:58:46Z Blog https://sclaw.in/2026/05/31/environmental-law-forest-conservation-encroachment-supreme-court-directs-stringent-measures-for-eviction-of-encroachers-from-reserve-forests-wildlife-sanctuaries-and-tig/ 2026-05-31T05:19:15Z Supreme Court of India Judgements en Environmental Law — Forest Conservation — Encroachment — Supreme Court directs stringent measures for eviction of encroachers from Reserve Forests, Wildlife Sanctuaries and Tiger Reserves in Tamil Nadu, emphasizing constitutional obligation to protect ecologically sensitive regions and fragile ecosystems. 2026-05-31T05:19:15Z Blog https://sclaw.in/2026/05/31/pronouncement-of-reserved-judgments-guidelines-issued-by-supreme-court-for-timely-pronouncement-in-high-courts-maximum-period-of-3-months-for-reasoned-judgments-prompt-pronounceme/ 2026-05-31T05:14:24Z Supreme Court of India Judgements en Pronouncement of Reserved Judgments — Guidelines issued by Supreme Court for timely pronouncement in High Courts — Maximum period of 3 months for reasoned judgments, prompt pronouncement in matters of personal liberty, and specific timelines for bail applications and appeals involving custody. 2026-05-31T05:14:24Z Blog https://sclaw.in/2026/05/31/criminal-procedure-code-1973-crpc-quashing-of-proceedings-abuse-of-process-of-law-allegations-of-sexual-offence-against-father-and-uncle-of-prosecutrix-held/ 2026-05-31T05:11:03Z Supreme Court of India Judgements en Criminal Procedure Code, 1973 (CrPC) — Quashing of proceedings — Abuse of process of law — Allegations of sexual offence against father and uncle of prosecutrix — Held, complaint lacked specific factual details and material evidence to establish a prima facie case — Wide-ranging matrimonial litigation between parties indicated a possibility of vexatious litigation and abuse of process — Mere bald allegations without supporting evidence, particularly lack of medical reports for allegations of rape and sexual assault, held insufficient to sustain criminal prosecution, especially where statements of prosecutrix and complainant were verbatim reproductions, suggesting tutoring — Court can quash proceedings under Section 482 CrPC if no offence is made out or allegations are absurd/inherently improbable, or instituted with malafide intent for vengeance 2026-05-31T05:11:03Z Blog https://sclaw.in/2026/05/31/securities-contracts-regulation-act-1956-scra-section-18a-validity-of-derivative-contracts-breach-of-position-limits-under-sebi-circular-2001-does-not-render-derivat/ 2026-05-31T05:07:22Z Supreme Court of India Judgements en 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. 2026-05-31T05:07:22Z Blog