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 https://sclaw.in/2026/05/11/environmental-law-environmental-clearance-ec-ex-post-facto-ec-the-supreme-court-has-held-that-the-concept-of-ex-post-facto-environmental-clearance-is-alien-to-indian-en/ 2026-05-11T15:00:32Z Supreme Court of India Judgements en Environmental Law — Environmental Clearance (EC) — Ex-post facto EC — The Supreme Court has held that the concept of ex-post facto Environmental Clearance is alien to Indian environmental jurisprudence and struck down notifications allowing it — However, in cases where industries were established based on Consent to Establish (CTE) and Consent to Operate (CTO) granted by Pollution Control Boards (PCBs) which were themselves unaware of the prior EC requirement, and the industries have subsequently applied for EC, the Court may allow them to operate while the EC process is pending, to avoid economic and livelihood impacts if no actual pollution is caused or norms are otherwise met. 2026-05-11T15:00:32Z Blog https://sclaw.in/2026/05/11/land-revenue-records-evidentiary-value-for-title-revenue-records-like-faisal-patti-vasool-baqi-and-pahanies-are-primarily-for-fiscal-purposes-and-do-not-confer-title-or-ownership/ 2026-05-11T14:57:08Z Supreme Court of India Judgements en Land Revenue Records — Evidentiary Value for Title — Revenue records like Faisal Patti, Vasool Baqi, and Pahanies are primarily for fiscal purposes and do not confer title or ownership — Mutation entries do not create or extinguish title and have no presumptive value regarding ownership — Such records cannot be the sole basis for declaring title, especially when the primary document of title (patta) is not produced. 2026-05-11T14:57:08Z Blog https://sclaw.in/2026/05/11/recruitment-process-advertisement-and-selection-while-filling-vacancies-state-instrumentalities-must-adhere-to-comparative-merit-and-avoid-discrimination-a-candidate-in/ 2026-05-11T14:54:19Z Supreme Court of India Judgements en Recruitment Process — Advertisement and Selection — While filling vacancies, State instrumentalities must adhere to comparative merit and avoid discrimination — A candidate in a select list does not gain an indefeasible right to appointment without specific rules to that effect. 2026-05-11T14:54:19Z Blog https://sclaw.in/2026/05/11/specific-relief-act-1963-section-28-rescission-of-contract-for-failure-to-pay-purchase-money-within-time-limit-prescribed-by-decree-courts-discretion-to-extend-time-or/ 2026-05-11T14:48:16Z Supreme Court of India Judgements en Specific Relief Act, 1963 — Section 28 — Rescission of contract for failure to pay purchase money within time limit prescribed by decree — Court's discretion to extend time or rescind — Dismissal of appeal for non-prosecution does not result in merger of trial court decree — Permitting deposit of balance amount does not extinguish judgment-debtor's right to seek rescission — Court can consider extending time to balance equities and compensate judgment-debtor for delay, but not automatically — Judgment-debtor's conduct showing willful negligence is a factor for rescission. 2026-05-11T14:48:16Z Blog https://sclaw.in/2026/05/10/prohibition-of-benami-property-transactions-act-1988-section-45-bar-of-jurisdiction-of-civil-courts-this-section-bars-civil-courts-from-entertaining-suits-or-proceedings/ 2026-05-10T13:48:11Z Supreme Court of India Judgements en Prohibition of Benami Property Transactions Act, 1988 — Section 45 — Bar of jurisdiction of civil courts — This section bars civil courts from entertaining suits or proceedings related to matters within the jurisdiction of authorities, Adjudicating Authorities, or the Appellate Tribunal under the Act — However, the question of whether a suit falls under this bar is itself a matter that can be considered in the context of Order 7 Rule 11 or Order XIV Rule 2. 2026-05-10T13:48:11Z Blog https://sclaw.in/2026/05/10/penal-code-1860-ipc-section-34-common-intention-requires-proof-of-pre-arranged-plan-or-prior-meeting-of-minds-which-must-be-clearly-discernible-from-the-material-on-r/ 2026-05-10T13:44:17Z Supreme Court of India Judgements en Penal Code, 1860 (IPC) — Section 34 — Common intention — Requires proof of pre-arranged plan or prior meeting of minds, which must be clearly discernible from the material on record — Mere presence at the scene of offence without proof of participation or shared intention is insufficient to sustain conviction with the aid of Section 34 IPC — Prosecution must establish that accused shared a common intention and acted in furtherance thereof. 2026-05-10T13:44:17Z Blog https://sclaw.in/2026/05/10/police-manual-jharkhand-rule-828-read-with-appendix-49-procedure-for-imposition-of-major-penalties-respondent-no-1-was-provided-with-charge-memorandum-relevant-materia/ 2026-05-10T13:41:31Z Supreme Court of India Judgements en Police Manual, Jharkhand, Rule 828 read with Appendix 49 — Procedure for imposition of major penalties — Respondent No — 1 was provided with charge memorandum, relevant materials, afforded adequate defence opportunity, participated in enquiry, received enquiry report, and submitted representation, satisfying procedural fairness. 2026-05-10T13:41:31Z Blog