https://sclaw.in/2026/04/28/motor-vehicles-act-1988-section-168-just-compensation-award-of-compensation-for-prosthetic-limb-no-fixed-guidelines-for-compensation-amount-courts-ca-2/ 2026-04-28T15:05:26Z Supreme Court of India Judgements en Motor Vehicles Act, 1988 — Section 168 — Just Compensation — Award of compensation for prosthetic limb — No fixed guidelines for compensation amount — Courts can deviate from governmental notifications if they are too low — Emphasis on "restitutio in integrum" principle to restore the claimant as close as possible to their pre-injury state — Claimants are entitled to choose private centres for prosthetic limbs and renewal costs should be considered — Compensation can be awarded for periodic replacement and maintenance of prosthetic limbs. 2026-04-28T15:05:26Z Blog https://sclaw.in/2026/04/28/dispute-over-cadre-change-versus-mere-transfer-a-transfer-is-a-change-of-posting-within-the-same-service-without-altering-seniority-or-substantive-status-differing-from-a-cadre-change-which/ 2026-04-28T14:54:22Z Supreme Court of India Judgements en Dispute over cadre change versus mere transfer — A transfer is a change of posting within the same service without altering seniority or substantive status, differing from a cadre change which involves a structural shift between services with significant implications for seniority and promotional avenues, requiring specific authority. 2026-04-28T14:54:22Z Blog https://sclaw.in/2026/04/28/evidence-act-1872-eyewitness-testimony-vs-medical-evidence-in-case-of-conflict-eyewitness-testimony-especially-of-an-injured-witness-who-is-found-to-be-reliable-and-has-withsto/ 2026-04-28T14:51:24Z Supreme Court of India Judgements en Evidence Act, 1872 — Eyewitness testimony vs. Medical evidence — In case of conflict, eyewitness testimony, especially of an injured witness who is found to be reliable and has withstood cross — examination, is generally superior to expert medical opinion formed by an expert witness — Lack of independent witnesses does not automatically compromise the prosecution case, especially when societal realities suggest potential fear or hesitation 2026-04-28T14:51:24Z Blog https://sclaw.in/2026/04/28/protracted-government-inaction-and-third-party-rights-despite-an-initial-timeline-of-two-months-for-an-inquiry-and-subsequent-hopes-for-completion-within-six-months-the-government/ 2026-04-28T14:48:24Z Supreme Court of India Judgements en Protracted Government Inaction and Third — Party Rights — Despite an initial timeline of two months for an inquiry and subsequent hopes for completion within six months, the government showed significant delay, stretching over six years without a final decision — During this period, extensive third — party rights were created through land sales and construction of villas and flats by innocent purchasers — The Court observed that it's inappropriate for a welfare state to attempt to undo decades — old transactions, especially when innocent citizens have invested their hard — earned money, and basic amenities should not be denied to occupants of constructed properties. 2026-04-28T14:48:24Z Blog https://sclaw.in/2026/04/28/delhi-rent-control-act-1958-vs-government-grants-act-1895-relationship-governed-by-grant-a-lease-originating-from-a-government-grant-as-governed-by-the-government-grants-act-1/ 2026-04-28T14:44:49Z Supreme Court of India Judgements en Delhi Rent Control Act, 1958 vs. Government Grants Act, 1895 — Relationship Governed by Grant — A lease originating from a Government grant, as governed by the Government Grants Act, 1895, is not subject to the Delhi Rent Control Act, 1958 — The incidence and enforceability of such a grant are governed solely by its tenor — The legal character of the grant does not derive from conventional landlord — tenant relationships but from the sovereign grant and its embedded conditions — Therefore, eviction proceedings under the Delhi Rent Control Act are not maintainable for holdings originating from a Government grant. 2026-04-28T14:44:49Z Blog https://sclaw.in/2026/04/28/jurisdiction-of-civil-court-challenge-to-municipal-limits-matters-concerning-the-specification-and-alteration-of-municipal-limits-under-section-3-of-the-maharashtra-municipal-corpo/ 2026-04-28T14:41:04Z Supreme Court of India Judgements en Jurisdiction of Civil Court — Challenge to Municipal Limits — Matters concerning the specification and alteration of municipal limits under Section 3 of the Maharashtra Municipal Corporations Act, 1949, are legislative in nature and cannot ordinarily be adjudicated by a Civil Court through a suit seeking declarations and injunctions — The High Court correctly held that the Civil Court lacked jurisdiction to entertain a suit challenging the Corporation's assertion of jurisdiction over certain lands based on its interpretation of Section 3 of the MMC Act. 2026-04-28T14:41:04Z Blog https://sclaw.in/2026/04/28/securitisation-and-reconstruction-of-financial-assets-and-enforcement-of-security-interest-act-2002-sarfaesi-act-section-13-default-in-repayment-of-financial-assistance-secured/ 2026-04-28T14:38:04Z Supreme Court of India Judgements en Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), Section 13 — Default in repayment of financial assistance — Secured creditor entitled to take possession and auction secured asset (School premises) — Petitioners repeatedly failed to honour commitments and undertakings to repay debt, even after High Court and Supreme Court orders — Conduct amounted to disobedience of court orders and disregard for rule of law. 2026-04-28T14:38:04Z Blog https://sclaw.in/2026/04/28/judicial-review-and-public-interest-litigation-courts-directions-for-wildlife-conservation-the-supreme-court-issued-detailed-directions-based-on-the-cecs-report-including-the/ 2026-04-28T14:34:58Z Supreme Court of India Judgements en Judicial Review and Public Interest Litigation — Court's Directions for Wildlife Conservation — The Supreme Court issued detailed directions based on the CEC's report, including the acceptance of all recommendations, time-bound relocation of deer under CEC supervision, and adherence to stringent translocation protocols — The court also directed the Ministry of Environment, Forest and Climate Change to examine and implement comprehensive guidelines for future wildlife translocations. 2026-04-28T14:34:58Z Blog https://sclaw.in/2026/04/28/criminal-law-circumstantial-evidence-burden-of-proof-reasonable-doubt-conviction-based-on-circumstantial-evidence-requires-a-complete-chain-of-evidence-that-lea/ 2026-04-28T14:31:38Z Supreme Court of India Judgements en Criminal Law — Circumstantial Evidence — Burden of Proof — Reasonable Doubt — Conviction based on circumstantial evidence requires a complete chain of evidence that leaves no reasonable ground for doubt, consistent only with the hypothesis of guilt. The court found that the prosecution failed to prove its case against the appellants beyond reasonable doubt, with the sole remaining incriminating circumstance being the "last seen together" theory, which was deemed insufficient for conviction as an accomplice. 2026-04-28T14:31:38Z Blog https://sclaw.in/2026/04/27/criminal-procedure-code-1973-crpc-anticipatory-bail-power-of-court-to-direct-surrender-when-an-anticipatory-bail-application-is-rejected-the-court-does-not-have-the-j/ 2026-04-27T14:37:16Z Supreme Court of India Judgements en Criminal Procedure Code, 1973 (CrPC) — Anticipatory Bail — Power of Court to Direct Surrender — When an anticipatory bail application is rejected, the court does not have the jurisdiction to direct the petitioner to surrender — The rejection of anticipatory bail means that an application for pre-arrest bail has been denied, and the subsequent steps regarding arrest and regular bail should follow the normal procedure as per law. 2026-04-27T14:37:16Z Blog https://sclaw.in/2026/04/27/insolvency-and-bankruptcy-code-2016-ibc-sections-7-310-57-58-corporate-insolvency-resolution-process-cirp-admission-of-petition-appeal-against-ncl/ 2026-04-27T14:32:15Z Supreme Court of India Judgements en Insolvency and Bankruptcy Code, 2016 (IBC) — Sections 7, 3(10), 5(7), 5(8) — Corporate Insolvency Resolution Process (CIRP) — Admission of petition — Appeal against NCLAT order setting aside NCLT order and directing admission of Section 7 petition — Held, IBC is not a debt recovery legislation but for reorganisation and insolvency resolution — Initiation of CIRP as a substitute for execution of a civil court decree is an abuse of process. 2026-04-27T14:32:15Z Blog https://sclaw.in/2026/04/27/arbitration-and-conciliation-act-1996-section-9-petition-under-section-9-at-post-award-stage-by-unsuccessful-party-maintainability-bombay-delhi-madras-and-ka/ 2026-04-27T14:28:58Z Supreme Court of India Judgements en Arbitration and Conciliation Act, 1996 — Section 9 — Petition under Section 9 at post-award stage by unsuccessful party — Maintainability — Bombay, Delhi, Madras and Karnataka High Courts held such petitions not maintainable — Telangana, Gujarat and Punjab & Haryana High Courts held such petitions maintainable — Supreme Court held that any party to an arbitration agreement, including an unsuccessful party, can invoke Section 9 at the post-award stage, overruling the former judgments. 2026-04-27T14:28:58Z Blog https://sclaw.in/2026/04/27/civil-procedure-code-1908-order-6-rule-17-amendment-of-pleadings-permissibility-while-considering-grant-of-leave-to-amend-a-plaint-court-can-examine-the-merits/ 2026-04-27T14:26:15Z Supreme Court of India Judgements en Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of pleadings — Permissibility while considering grant of leave to amend a plaint — Court can examine the merits/demerits of the case — Landlord filed suit for eviction based on bonafide need and other grounds — During appeal, landlord died — Legal heirs sought to amend plaint to incorporate their bonafide need, including that of appellant's wife and son — Trial Court dismissed the suit — Appellate Bench allowed amendment, directing issue of bonafide requirement to be sent back to Trial Court for evidence — High Court, in writ petition, set aside amendment allowing fresh suit — Supreme Court held that High Court erred in interfering with the discretion of Appellate Bench under Article 227, as amendment was permissible. 2026-04-27T14:26:15Z Blog https://sclaw.in/2026/04/27/narcotic-drugs-and-psychotropic-substances-act-1985-section-371bii-grant-of-bail-in-commercial-quantity-cases-twin-conditions-mandatory-nature/ 2026-04-27T14:23:31Z Supreme Court of India Judgements en Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 37(1)(b)(ii) — Grant of bail in commercial quantity cases — Twin Conditions — Mandatory nature — High Court must record satisfaction on reasonable grounds for believing accused is not guilty and not likely to commit offence while on bail — Failure to record satisfaction vitiates bail order — Speedy trial under Article 21 to be harmoniously read with Section 37, not to override it — Bail granted without recorded satisfaction is unsustainable. 2026-04-27T14:23:31Z Blog https://sclaw.in/2026/04/27/penal-code-1860-ipc-sections-498a-and-494-read-with-section-34-cruelty-and-bigamy-family-members-of-husband-allegations-against-in-laws-must-disclose-specifi/ 2026-04-27T14:20:22Z Supreme Court of India Judgements en Penal Code, 1860 (IPC) — Sections 498A and 494 read with Section 34 — Cruelty and bigamy — Family members of husband — Allegations against in-laws must disclose specific acts of demand, threat, or physical assault, not mere generalised statements of presence or encouragementPenal Code, 1860 (IPC) — Section 494 — Bigamy — Liability for bigamy does not extend to persons other than the spouse who contracted the second marriage, unless there is evidence of their active participation, facilitation, or encouragement of the marriage — Mere knowledge of the second marriage is insufficient. 2026-04-27T14:20:22Z Blog https://sclaw.in/2026/04/27/wakf-act-1995-section-839-revision-jurisdiction-high-court-in-revision-re-appreciated-entire-evidence-substituted-its-own-findings-disregarded-crucial-mate/ 2026-04-27T14:03:20Z Supreme Court of India Judgements en Wakf Act, 1995 — Section 83(9) — Revision — Jurisdiction — High Court in revision re-appreciated entire evidence, substituted its own findings, disregarded crucial material like recitals in partition deed and admissions of a party, and wrongly shifted onus on defendant — Such re-appreciation beyond scope of revisional powers — Impugned judgment unsustainable. 2026-04-27T14:03:20Z Blog