https://sclaw.in/2026/05/14/income-tax-act-1961-section-147-and-148-reopening-of-assessment-validity-tangible-material-change-of-opinion-assessing-officer-has-no-power/ 2026-05-14T14:17:59Z Supreme Court of India Judgements en Income Tax Act, 1961 — Section 147 and 148 — Reopening of assessment — Validity — Tangible material — Change of opinion — Assessing Officer has no power to review an assessment; reassessment must be based on tangible material, not a mere change of opinion — The discovery of fresh information during a survey, which reveals the true nature of a transaction and suggests income has escaped assessment, can form the basis for reopening an assessment, even if certain disclosures were made during the original assessment. 2026-05-14T14:17:59Z Blog https://sclaw.in/2026/05/14/wifes-pursuit-of-professional-career-and-desire-to-provide-safe-environment-for-child-are-not-grounds-for-cruelty-or-desertion-family-law-divorce-grounds-cruelty-and/ 2026-05-14T14:15:02Z Supreme Court of India Judgements en Wife's pursuit of professional career and desire to provide safe environment for child are not grounds for cruelty or desertion. -Family Law — Divorce — Grounds — Cruelty and Desertion — Wife's pursuit of professional career and desire to provide safe environment for child are not grounds for cruelty or desertion. 2026-05-14T14:15:02Z Blog https://sclaw.in/2026/05/14/constitution-of-india-1950-article-191a-and-article-21a-right-to-education-medium-of-instruction-freedom-of-speech-and-expression-includes-the-right-to-rec/ 2026-05-14T14:11:38Z Supreme Court of India Judgements en Constitution of India, 1950 — Article 19(1)(a) and Article 21A — Right to education — Medium of instruction — Freedom of speech and expression includes the right to receive information in a comprehensible manner — Education must be imparted in a language that the child understands best — Right to primary education in a language of choice is part of freedom of speech and expression — State cannot impose controls on such choice. 2026-05-14T14:11:38Z Blog https://sclaw.in/2026/05/14/motor-vehicles-act-1988-compensation-enhancement-deceased-was-an-engineering-student-with-good-academic-record-and-potential-future-earnings-high-court-enhance/ 2026-05-14T14:08:57Z Supreme Court of India Judgements en Motor Vehicles Act, 1988 — Compensation — Enhancement — Deceased was an engineering student with good academic record and potential future earnings — High Court enhanced compensation but it was found to be on the lower side — The Supreme Court assessed the monthly income at Rs. 12,000/-, added 40% for future prospects, deducted half for personal expenses, and applied a multiplier of 18 — Compensation under conventional heads was also enhanced — The motorcycle damage was awarded as per the surveyor's report. 2026-05-14T14:08:57Z Blog https://sclaw.in/2026/05/14/canara-bank-officer-employees-discipline-and-appeal-regulations-1976-regulation-10-common-proceedings-the-word-may-in-regulation-10-which-empowers-the/ 2026-05-14T14:06:41Z Supreme Court of India Judgements en . Canara Bank Officer Employees’ (Discipline and Appeal) Regulations, 1976 — Regulation 10 — Common Proceedings — The word "may" in Regulation 10, which empowers the competent authority to direct common disciplinary proceedings against multiple employees, is directory and not mandatory — This interpretation allows for discretion to be exercised by the employer based on the circumstances and the varying roles of the employees involved — The failure to hold a joint inquiry does not automatically vitiate individual disciplinary proceedings. 2026-05-14T14:06:41Z Blog https://sclaw.in/2026/05/14/insolvency-and-bankruptcy-code-2016-section-61-appeal-against-nclt-order-requirement-of-certified-copy-of-impugned-order-rules-for-filing-appeal-before-nclat/ 2026-05-14T14:03:28Z Supreme Court of India Judgements en Insolvency and Bankruptcy Code, 2016 — Section 61 — Appeal against NCLT order — Requirement of certified copy of impugned order — Rules for filing appeal before NCLAT — Presentation of appeals under Rule 22 of NCLAT Rules, 2016 — Appeal must be accompanied by a certified copy of impugned order — Applying for certified copy before expiry of limitation period is crucial for excluding time taken to procure it — Failure to file certified copy or obtain exemption renders appeal incompetent — NCLAT wrongly condoned delay in filing and refiling appeal without ensuring compliance with essential requirements. 2026-05-14T14:03:28Z Blog https://sclaw.in/2026/05/14/national-highways-act-1956-section-3a1-and-3g1-compensation-applicability-of-right-to-fair-compensation-and-transparency-in-land-acquisition-rehabilitation-and-rese/ 2026-05-14T14:00:26Z Supreme Court of India Judgements en National Highways Act, 1956 — Section 3A(1) and 3G(1) — Compensation — Applicability of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 LA Act) — Held that provisions of 2013 LA Act regarding determination of compensation apply to land acquisition under NH Act. 2026-05-14T14:00:26Z Blog https://sclaw.in/2026/05/14/criminal-procedure-code-1973-crpc-section-482-quashing-of-criminal-proceedings-high-courts-power-to-quash-allegations-in-complaint-even-if-taken-at-face/ 2026-05-14T13:55:53Z Supreme Court of India Judgements en . Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Criminal Proceedings — High Court's power to quash — Allegations in complaint, even if taken at face value, do not prima facie constitute any offence or make out a case against the accused — High Court failed to exercise its power under Section 482 CrPC 2026-05-14T13:55:53Z Blog https://sclaw.in/2026/05/14/criminal-procedure-code-1973-crpc-investigation-and-chargesheet-filing-interim-order-restraining-police-from-filing-chargesheet-is-unsustainable-if-based-on-misinterpretation-of/ 2026-05-14T13:52:54Z Supreme Court of India Judgements en Criminal Procedure Code, 1973 (CrPC) — Investigation and Chargesheet Filing — Interim order restraining police from filing chargesheet is unsustainable if based on misinterpretation of law regarding High Court's power under Article 226 and Section 528 of BNSS — Investigation may continue, but further steps depend on legal applicability of quashing provisions. 2026-05-14T13:52:54Z Blog https://sclaw.in/2026/05/14/supreme-court-rules-2013-order-12-rule-3-correction-of-clerical-or-arithmetical-mistakes-or-errors-from-accidental-slip-or-omission-application-seeking-clarification-and/ 2026-05-14T13:50:08Z Supreme Court of India Judgements en Supreme Court Rules, 2013 — Order 12 Rule 3 — Correction of clerical or arithmetical mistakes or errors from accidental slip or omission — Application seeking clarification and correction regarding variance between dictated order and signed order — Held, Apex Court dismissed the application as not maintainable in law and on merits — Digitally signed order uploaded on the website is the final order — Miscellaneous applications in disposed of matters are maintainable only for correcting clerical or arithmetical errors or when the order is executory and impossible to implement due to subsequent events. 2026-05-14T13:50:08Z Blog https://sclaw.in/2026/05/14/service-law-appointment-advertisement-for-regular-posts-appellant-applied-for-assistant-professor-on-regular-basis-as-per-advertisement-for-pay-band-iv-and-pay-band-iii/ 2026-05-14T13:47:13Z Supreme Court of India Judgements en Service Law — Appointment — Advertisement for regular posts — Appellant applied for Assistant Professor on regular basis as per advertisement for Pay Band-IV and Pay Band-III. The advertisement did not mention any contractual appointments. 2026-05-14T13:47:13Z Blog https://sclaw.in/2026/05/14/criminal-procedure-code-1973-section-161-evidence-act-1872-section-157-and-145-hostile-witness-evidence-of-a-hostile-witness-remains-admissible-and/ 2026-05-14T13:44:07Z Supreme Court of India Judgements en Criminal Procedure Code, 1973 — Section 161 — Evidence Act, 1872 — Section 157 and 145 — Hostile Witness — Evidence of a hostile witness remains admissible and can be accepted to the extent that their version is found dependable on careful scrutiny, and can be used to acquit the accused if it inspires credibility when read with other evidence — Such evidence can be employed to discredit the prosecution case. 2026-05-14T13:44:07Z Blog https://sclaw.in/2026/05/14/arbitration-and-conciliation-act-1996-section-11-appointment-of-arbitrator-dispute-regarding-existence-of-arbitration-agreement-held-incorporation-of-arbitrat/ 2026-05-14T13:41:47Z Supreme Court of India Judgements en Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of arbitrator — Dispute regarding existence of arbitration agreement — Held, incorporation of arbitration clause from earlier document into later contract requires clear intention to incorporate, not mere reference. 2026-05-14T13:41:47Z Blog https://sclaw.in/2026/05/12/constitution-of-india-1950-article-226-exercise-of-writ-jurisdiction-high-courts-power-under-article-226-is-extraordinary-and-discretionary-subject-to-self-imposed-re/ 2026-05-12T15:19:14Z Supreme Court of India Judgements en Constitution of India, 1950 — Article 226 — Exercise of Writ Jurisdiction — High Court's power under Article 226 is extraordinary and discretionary, subject to self-imposed restrictions — Ordinarily, it should not be exercised when an effective alternative remedy is available to the aggrieved person, such as pursuing remedies under statutory frameworks like the CrPC or BNSS, unless specific exceptions apply. 2026-05-12T15:19:14Z Blog https://sclaw.in/2026/05/12/consumer-protection-act-1986-applicability-of-order-22-of-cpc-to-death-of-parties-section-137-made-order-22-of-cpc-applicable-to-death-of-complainant-or-opposite-party-allowing/ 2026-05-12T15:16:51Z Supreme Court of India Judgements en Consumer Protection Act, 1986 — Applicability of Order 22 of CPC to death of parties — Section 13(7) made Order 22 of CPC applicable to death of complainant or opposite party, allowing substitution of legal heirs if the right to sue survives — This procedural rule must be harmoniously construed with substantive law like Section 306 of Indian Succession Act, 1925, which governs survivability of causes of action 2026-05-12T15:16:51Z Blog https://sclaw.in/2026/05/12/service-law-recruitment-rules-eligibility-criteria-date-of-possession-of-qualification-for-recruitment-to-the-post-of-assistant-prosecution-officer-the-essenti/ 2026-05-12T15:13:43Z Supreme Court of India Judgements en Service Law — Recruitment Rules — Eligibility Criteria — Date of Possession of Qualification — For recruitment to the post of Assistant Prosecution Officer, the essential educational qualification must be possessed by the candidate on the date of submission of the application, not at a later stage like the interview or examination date. 2026-05-12T15:13:43Z Blog https://sclaw.in/2026/05/12/public-administration-and-service-rules-interpretation-of-merger-of-departments-and-promotion-rules-the-supreme-court-set-aside-the-high-courts-judgment-that-questioned-a-governm/ 2026-05-12T15:10:15Z Supreme Court of India Judgements en Public Administration and Service Rules — Interpretation of merger of departments and promotion rules — The Supreme Court set aside the High Court's judgment that questioned a government order (G.O.) granting a notional promotion to an employee — The Court found that the original G.O — was issued in compliance with prior High Court orders and a merger policy that was not challenged by any party, thus validating the promotion and subsequent advancements. 2026-05-12T15:10:15Z Blog https://sclaw.in/2026/05/12/companies-act-1956-sections-397-398-41-and-227-member-of-a-company-locus-standi-to-file-petition-for-oppression-and-mismanagement-essential-requirement-is/ 2026-05-12T15:07:51Z Supreme Court of India Judgements en 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 2026-05-12T15:07:51Z Blog https://sclaw.in/2026/05/12/narcotic-drugs-and-psychotropic-substances-act-1985-sections-8c-20biic-and-291-bail-petitioner-granted-bail-by-supreme-court-after-being-in-judicial-custody-f/ 2026-05-12T15:03:55Z Supreme Court of India Judgements en Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8(c), 20(b)(ii)(c) and 29(1) — Bail — Petitioner granted bail by Supreme Court after being in judicial custody for over a year, despite charge being framed, with no witnesses examined yet. 2026-05-12T15:03:55Z Blog https://sclaw.in/2026/05/12/corporate-veil-lifting-of-may-be-lifted-where-associated-companies-are-inextricably-connected-forming-part-of-one-concern-or-to-prevent-evasion-of-obligations-or-protect-public-i/ 2026-05-12T15:00:49Z Supreme Court of India Judgements en Corporate Veil — Lifting of — May be lifted where associated companies are inextricably connected, forming part of one concern, or to prevent evasion of obligations or protect public interest. In this case, subsidiary companies were found to be mere fronts for the holding company's development activities, justifying lifting the corporate veil. 2026-05-12T15:00:49Z Blog https://sclaw.in/2026/05/12/contempt-of-courts-act-1971-section-2c-criminal-contempt-publication-of-scandalous-matter-or-doing-any-act-that-scandalises-or-tends-to-scandalise-lowers-or-tends-to/ 2026-05-12T14:56:32Z Supreme Court of India Judgements en Contempt of Courts Act, 1971 — Section 2(c) — Criminal Contempt — Publication of scandalous matter or doing any act that scandalises or tends to scandalise, lowers or tends to lower the authority of any court, prejudices or interferes with judicial proceedings, or obstructs justice — Appellant, President of the Gujarat High Court Advocates’ Association and a senior advocate, made unwarranted and disreputable allegations in a press conference against the High Court and its Registry, calling it a ‘gambling den’ and alleging preferential treatment — The High Court initiated suo motu criminal contempt proceedings against the Appellant. Judicial Magnanimity and Reform — The Supreme Court demonstrated exceptional magnanimity and a desire for reform by suspending the conviction and sentence, emphasizing that while accountability is paramount, it must be balanced with patience to guide and elevate, rather than resorting to punitive destruction. 2026-05-12T14:56:32Z Blog https://sclaw.in/2026/05/12/scheduled-castes-and-scheduled-tribes-prevention-of-atrocities-act-1989-sc-st-act-sections-31r-and-31s-essential-ingredient-in-any-place-within-public-view/ 2026-05-12T14:52:58Z Supreme Court of India Judgements en Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) — Sections 3(1)(r) and 3(1)(s) — Essential ingredient — "in any place within public view" — Both sections require the act of insult, intimidation, or abuse to occur in a place visible to the public — This is a mandatory condition for constituting the offence. 2026-05-12T14:52:58Z Blog https://sclaw.in/2026/05/12/uttar-pradesh-panchayat-raj-act-1947-section-12c-election-dispute-candidate-challenging-election-results-prescribed-authority-passed-an-order-allowing-the-elec/ 2026-05-12T14:50:40Z Supreme Court of India Judgements en Uttar Pradesh Panchayat Raj Act, 1947 — Section 12C — Election Dispute — Candidate challenging election results — Prescribed Authority passed an order allowing the election petition and directing recounting of votes — Later, after recounting, the authority declared the appellant as the returned candidate — The High Court set aside this order — The Supreme Court held that once the Prescribed Authority passes a final order allowing the election petition, it becomes functus officio and loses jurisdiction to pass further orders — The initial order directing recounting was deemed final, not interim, as it allowed the petition and rejected the respondent's statement, leaving no scope for further orders after recounting — The High Court was correct in quashing the subsequent proceedings and the declaration of the appellant as elected — Appeal dismissed. 2026-05-12T14:50:40Z Blog https://sclaw.in/2026/05/12/criminal-law-dying-declarations-legal-position-is-that-a-truthful-and-voluntary-dying-declaration-if-reliable-can-be-the-sole-basis-for-conviction-in-this-case-dying-d/ 2026-05-12T14:47:04Z Supreme Court of India Judgements en Criminal Law — Dying Declarations — Legal position is that a truthful and voluntary dying declaration, if reliable, can be the sole basis for conviction — In this case, dying declarations were found reliable and corroborated by surrounding circumstances and other witnesses — Defence argument about deceased's unconsciousness rejected. 2026-05-12T14:47:04Z Blog https://sclaw.in/2026/05/12/specific-relief-act-1963-section-281-and-284-decree-for-specific-performance-executability-non-deposit-of-balance-sale-consideration-within-stipulated-time/ 2026-05-12T08:30:22Z Supreme Court of India Judgements en Specific Relief Act, 1963 — Section 28(1) and 28(4) — Decree for specific performance — Executability — Non-deposit of balance sale consideration within stipulated time — Plaintiff's failure to deposit balance sale consideration within three months as stipulated in the decree — No application for extension of time filed within the stipulated period — Contract deemed rescinded and decree rendered inexecutable 2026-05-12T08:30:22Z Blog https://sclaw.in/2026/05/12/medical-ethics-declaration-forms-doctors-are-required-to-disclose-all-previous-faculty-positions-held-in-the-same-academic-year-to-ensure-transparency-in-mci-assessments/ 2026-05-12T08:28:06Z Supreme Court of India Judgements en Medical Ethics — Declaration Forms — Doctors are required to disclose all previous faculty positions held in the same academic year to ensure transparency in MCI assessments — Mis-declaration or withholding such information amounts to serious misconduct. 2026-05-12T08:28:06Z Blog https://sclaw.in/2026/05/12/motor-vehicles-act-1988-sections-166-and-173-compensation-calculation-notional-income-for-a-14-year-old-claimant-with-100-permanent-disability-assessed-at-rs-35800-p/ 2026-05-12T08:24:01Z Supreme Court of India Judgements en Motor Vehicles Act, 1988 — Sections 166 and 173 — Compensation calculation — Notional income for a 14-year-old claimant with 100% permanent disability assessed at Rs. 35,800/- per month, leading to a total loss of income of Rs. 3,17,53,920/- after applying multiplier and future prospects. 2026-05-12T08:24:01Z Blog