https://sclaw.in/2026/04/12/transfer-of-property-act-1882-section-52-doctrine-of-lis-pendens-transfers-of-property-made-during-the-pendency-of-litigation-are-subject-to-the-doctrine-of-lis-pendens/ 2026-04-12T14:57:39Z Supreme Court of India Judgements en Transfer of Property Act, 1882 — Section 52 — Doctrine of Lis Pendens — Transfers of property made during the pendency of litigation are subject to the doctrine of lis pendens and are subservient to the final decision of the court — Such transfers are not void ab initio but remain invalid if the litigation goes against the transferor. 2026-04-12T14:57:39Z Blog https://sclaw.in/2026/04/12/insolvency-and-bankruptcy-code-2016-section-9-application-for-corporate-insolvency-resolution-process-existence-of-a-pre-existing-dispute-adjudicating-authorit/ 2026-04-12T14:53:04Z Supreme Court of India Judgements en Insolvency and Bankruptcy Code, 2016 — Section 9 — Application for corporate insolvency resolution process — Existence of a pre-existing dispute — Adjudicating authority must reject the application if notice of dispute has been received by the operational creditor or there is a record of dispute — The dispute must bring to the notice of the operational creditor the "existence" of a dispute or the fact that a suit or arbitration proceeding relating to a dispute is pending — The authority needs to see if there is a plausible contention which requires further investigation and that the "dispute" is not a patently feeble legal argument or an assertion of fact unsupported by evidence — It is important to separate the grain from the chaff and to reject a spurious defence which is mere bluster — However, in doing so, the Court does not need to be satisfied that the defence is likely to succeed — The Court does not at this stage examine the merits of the dispute except to the extent indicated above — So long as a dispute truly exists in fact and is not spurious, hypothetical or illusory, the adjudicating authority has to reject the application. 2026-04-12T14:53:04Z Blog https://sclaw.in/2026/04/12/civil-procedure-code-1908-cpc-section-1051-challenge-to-interlocutory-orders-rejection-of-an-application-under-order-2-rule-2-cpc-does-not-preclude-the-party-from-ra/ 2026-04-12T07:51:48Z Supreme Court of India Judgements en Civil Procedure Code, 1908 (CPC) — Section 105(1) — Challenge to interlocutory orders — Rejection of an application under Order 2 Rule 2 CPC does not preclude the party from raising that issue again in an appeal against the final decree, as per Section 105(1) CPC, unless a separate appellate remedy is expressly provided. 2026-04-12T07:51:48Z Blog https://sclaw.in/2026/04/12/arbitration-and-conciliation-act-1996-section-11-appointment-of-arbitrator-scope-of-inquiry-limited-to-prima-facie-existence-of-arbitration-agreement/ 2026-04-12T07:47:02Z Supreme Court of India Judgements en Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of Inquiry — Limited to prima facie existence of arbitration agreement — Questions like 'accord and satisfaction', limitation, dishonesty, frivolity and arbitrability of subject matter are to be left to the arbitral tribunal under Section 16, reflecting the principle of Kompetenz-Kompetenz. 2026-04-12T07:47:02Z Blog https://sclaw.in/2026/04/12/multi-state-cooperative-societies-act-2002-section-64d-investment-of-funds-by-multi-state-co-operative-society-mscs-permitted-investments-are-in-subsidiary-instituti/ 2026-04-12T07:03:56Z Supreme Court of India Judgements en 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. 2026-04-12T07:03:56Z Blog https://sclaw.in/2026/04/12/civil-procedure-code-1908-cpc-section-47-execution-of-decree-executing-courts-jurisdiction-an-executing-court-must-strictly-adhere-to-the-terms-of-t/ 2026-04-12T06:58:08Z Supreme Court of India Judgements en Civil Procedure Code, 1908 (CPC) — Section 47 — Execution of Decree — Executing Court’s Jurisdiction — An executing court must strictly adhere to the terms of the decree and cannot modify or alter it. Its role is limited to giving effect to the decree as it stands, unless the decree is a nullity. 2026-04-12T06:58:08Z Blog https://sclaw.in/2026/04/12/criminal-procedure-code-1973-crpc-sections-468-469-470-472-473-and-341-limitation-for-taking-cognizance-of-offence-relevant-date-for-computation-of-period-of-limit/ 2026-04-12T06:47:40Z Supreme Court of India Judgements en Criminal Procedure Code, 1973 (CrPC) — Sections 468, 469, 470, 472, 473 and 341 — Limitation for taking cognizance of offence — Relevant date for computation of period of limitation is date of filing of complaint or date of initiation of criminal proceedings, not date on which Magistrate takes cognizance — Constitution Bench decision in Sarah Mathew v. Institute of Cardio Vascular Diseases [(2014) 2 SCC 62] holds good law. 2026-04-12T06:47:40Z Blog https://sclaw.in/2026/04/12/uttar-pradesh-civil-services-extraordinary-pension-rules-1981-rule-4-sanction-of-governor-for-award-extraordinary-pension-award-requires-sanction-of-the-governor-who/ 2026-04-12T06:43:50Z Supreme Court of India Judgements en Uttar Pradesh Civil Services (Extraordinary Pension) Rules, 1981 — Rule 4 — Sanction of Governor for award — Extraordinary pension award requires sanction of the Governor, who exercises administrative discretion based on the rules — The Supreme Court held that the authority on whom the power to take a decision is conferred should be the one to take it, especially when the rules enumerate the considerations — The Court would be slow to substitute its own decision unless the authority has refused to decide or the decision is arbitrary — In such cases, a direction to the authority to decide afresh would be more appropriate than the Court substituting its own decision. 2026-04-12T06:43:50Z Blog https://sclaw.in/2026/04/12/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/ 2026-04-12T06:40:17Z Supreme Court of India Judgements en 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. 2026-04-12T06:40:17Z Blog https://sclaw.in/2026/04/12/karnataka-rent-act-1999-section-46-revisional-jurisdiction-of-high-court-scope-high-court-cannot-re-appreciate-evidence-or-substitute-its-own-findings-for-thos/ 2026-04-12T06:36:26Z Supreme Court of India Judgements en Karnataka Rent Act, 1999 — Section 46 — Revisional jurisdiction of High Court — Scope — High Court cannot re-appreciate evidence or substitute its own findings for those of the trial court — Revisional power is supervisory and limited to examining legality, correctness, or propriety of an order, not to act as a court of first appeal — Interference is warranted only for perversity, lack of evidence, or manifest illegality 2026-04-12T06:36:26Z Blog https://sclaw.in/2026/04/12/uttar-pradesh-public-services-reservation-for-economically-weaker-sections-act-2020-advertisement-dated-15-12-2021-for-9212-posts-of-health-worker-female-economically-weaker-s/ 2026-04-12T06:30:19Z Supreme Court of India Judgements en Uttar Pradesh Public Services (Reservation for Economically Weaker Sections) Act, 2020 — Advertisement dated 15.12.2021 for 9212 posts of Health Worker (Female) — Economically Weaker Section (EWS) reservation — Clause 8.3 of advertisement requiring candidates to submit EWS certificate issued till the last date of application or advertisement — Prescribed proforma requires certificate to be for the financial year preceding the year of application — Certificates submitted by appellants were not in respect of the correct financial year or were issued before the closure of the relevant financial year — Certificates thus invalid for claiming EWS reservation — High Court rightly dismissed the claim — Appeals dismissed. 2026-04-12T06:30:19Z Blog https://sclaw.in/2026/04/12/contitution-of-india-articles-14-16-equality-in-employment-denial-of-promotion-on-discriminatory-grounds-appellant-denied-promotion-despite-long-service-expe/ 2026-04-12T06:27:09Z Supreme Court of India Judgements en 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. 2026-04-12T06:27:09Z Blog https://sclaw.in/2026/04/12/constitution-of-india-1950-article-14-equality-before-law-dearness-allowance-da-and-dearness-relief-dr-sanctioning-different-rates-of-enhancement-for-da-fo/ 2026-04-12T06:24:22Z Supreme Court of India Judgements en 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. 2026-04-12T06:24:22Z Blog https://sclaw.in/2026/04/12/criminal-procedure-code-1973-crpc-section-389-suspension-of-sentence-pending-appeal-suspension-of-sentence-in-serious-offences-should-not-be-granted-routinely/ 2026-04-12T06:21:47Z Supreme Court of India Judgements en Criminal Procedure Code, 1973 (CrPC) — Section 389 — Suspension of sentence pending appeal — Suspension of sentence in serious offences should not be granted routinely — Appellate court must apply its mind to the nature of the offence, manner of commission, and gravity of trial court's findings — Reasons must be recorded in writing, reflecting due consideration of relevant factors — Order granting suspension of sentence should not be passed mechanically — This principle applies even at the stage of considering interlocutory orders. 2026-04-12T06:21:47Z Blog https://sclaw.in/2026/04/12/rajasthan-tenancy-act-1955-section-88-khatedari-rights-claim-for-declaration-of-khatedari-rights-and-recovery-of-land-unlawfully-encroached-upon-trial-court-de/ 2026-04-12T06:18:35Z Supreme Court of India Judgements en Rajasthan Tenancy Act, 1955 — Section 88 — Khatedari rights — Claim for declaration of Khatedari rights and recovery of land unlawfully encroached upon — Trial Court decreed suit based on plaintiff's inherited Khatedari rights from his father — Defendant contested case, later declared ex-parte — Appeal filed after significant delay rejected — Second appeal remanded by Board of Revenue, affirmed by High Court — Supreme Court held that original authority provided no opportunity to adduce evidence after specific date — Trial court proceeded ex-parte without proper service of summons, denying reasonable opportunity to defend — Sale deed not summoned, mutation ignored — Defendant's unawareness of decree due to non-execution and delayed mutation change — High Court favoured defendant noticing her status as widow and illiterate. 2026-04-12T06:18:35Z Blog https://sclaw.in/2026/04/12/hindu-marriage-act-1955-irretrievable-breakdown-of-marriage-parties-living-separately-since-2018-with-marriage-solemnized-in-2002-prolonged-separation-indicates-the-mat/ 2026-04-12T05:58:52Z Supreme Court of India Judgements en Hindu Marriage Act, 1955 — Irretrievable Breakdown of Marriage — Parties living separately since 2018, with marriage solemnized in 2002 — Prolonged separation indicates the matrimonial bond has broken down beyond repair. 2026-04-12T05:58:52Z Blog