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Constitution of India, 1950 — Article 226 — Writ jurisdiction — Maintainability — Inclusion of advocate’s name in IBA “Caution List” — High Court dismissing writ petition on ground that Indian Banks’ Association (IBA) is not “State” under Art. 12 — Held, focus of maintainability has shifted from formal character of respondent body to nature of function performed and effect of impugned action on legally protected rights — Caution List operates as sector-wide adverse accreditation mechanism with public law element, having direct bearing on advocate’s right to practise profession under Art. 19(1)(g) — Writ petition against IBA held maintainable notwithstanding IBA not being “State” — Kishor S. Bhat v. Indian Banks’ Association, 2018 SCC OnLine Bom 2857, distinguished — Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust v. V.R. Rudani, (1989) 2 SCC 691; Zee Telefilms Ltd. v. Union of India, (2005) 4 SCC 649; S. Shobha v. Muthoot Finance Ltd., 2025 SCC OnLine SC 177, relied on. Civil Procedure Code, 1908 (CPC) — Section 100 — Second appeal — Scope of interference with concurrent findings on genuineness of a Will — Whether suspicious circumstances surrounding execution of a Will exist, and stand explained, is essentially a question of fact; a second appellate court cannot re-appreciate evidence and substitute its own view merely because another view is possible — Interference is permissible only where the finding is perverse, based on circumstances that are mere “figments of a doubting mind,” or is vitiated by an erroneous placement of onus — High Court exceeded its jurisdiction under S. 100 CPC in reversing well-reasoned concurrent findings of the Trial Court and First Appellate Court discarding the Will. Criminal Procedure Code, 1973 — Sections 209, 244 — Commitment of case exclusively triable by Court of Session — Whether Magistrate is required to record prosecution evidence under Section 244 CrPC before committing such a case, where the complaint is one instituted otherwise than on a police report — Held, no — Section 244 CrPC, which mandates the Magistrate to hear the prosecution and take evidence, occurs in Chapter XIX (Part B — “Cases instituted otherwise than on a police report”) and governs warrant-case trials before a Magistrate; it has no application where the offence (here, under Section 302 IPC) is exclusively triable by the Court of Session, which is governed instead by Section 209 CrPC — Under the scheme of the 1973 Code (unlike the erstwhile 1898 Code, which mandated a full committal inquiry with recording of evidence under Section 207-A), the Magistrate’s role at the pre-commitment stage is confined to ascertaining whether the offence is exclusively triable by the Sessions Court, and no evidence need be taken or evaluated by the Magistrate at that stage — Requiring witnesses to depose twice, once before the Magistrate and again before the Sessions Court, would serve no purpose and is not the mandate of law — High Court’s contrary view, requiring compliance with Section 244 CrPC even in a Sessions-triable case, proceeds on an erroneous reading of law and is unsustainable. Motor Vehicles Act, 1988 — Sections166, 168 — Compensation — Assessment of annual income of a self-employed deceased (wholesale grocery business) — Two ITRs filed after the death of the deceased excluded by the High Court altogether from the assessment of income — Held, following the principles in Rashmirekha Tripathy and Anr. v. The Branch Manager (Legal Claims), Sriram General Insurance Company Limited and Ors. [C.A. @ SLP(C) No.27220 of 2024, 2026 INSC 661], ITRs filed post-death call for closer scrutiny with reference to surrounding financial statements, since income may be inflated in such returns, but such returns are not to be excluded outright merely for being filed post-death — In the absence of the benefit of such surrounding financial statements on record, and it being inexpedient at this stage to remand the matter, annual income fixed with reference to the nature of the deceased’s wholesale grocery business at Rs.3,25,000 — Compensation recomputed applying 40% addition for future prospects (age 28 years), 1/4th deduction for personal expenses, and a multiplier of 17, together with conventional heads (loss of estate, funeral expenses, consortium) — Total compensation enhanced to Rs.60,79,550 (as against Rs.15,36,560 awarded by the Tribunal and Rs.38,40,850 awarded by the High Court), with interest as awarded by the Tribunal — Appeal allowed. Motor Vehicles Act, 1988 — Sections 166, 168 — Compensation — Assessment of annual income of a self-employed deceased (Insurance Agent) from Income Tax Returns — High Court had averaged the last four ITRs on record — Held, erroneous — Following the principles laid down in Rashmirekha Tripathy and Anr. v. The Branch Manager (Legal Claims), Sriram General Insurance Company Limited and Ors. [C.A. @ SLP(C) No.27220 of 2024, 2026 INSC 661], for a self-employed person the average of up to the previous three years’ ITRs, not four, is the appropriate reference point — A performance-linked spike in the income of an Insurance Agent in a particular year does not justify reaching back to an additional, earlier ITR to dilute that spike — On the facts, taking the average of the income for AY 2015-16 (Rs.4,03,180), AY 2016-17 (Rs.9,59,665) and AY 2017-18 (Rs.7,00,559), annual income assessed at Rs.6,87,802 — Compensation recomputed applying 25% addition for future prospects (age 49 years), 1/4th deduction for personal expenses, and a multiplier of 13, together with conventional heads (loss of estate, funeral expenses, consortium) — Total compensation enhanced to Rs.87,09,282 (as against Rs.49,77,000 awarded by the Tribunal and Rs.76,09,500 awarded by the High Court), with interest as awarded by the Tribunal — Appeal allowed.

Constitution of India, 1950 — Article 226 — Writ jurisdiction — Maintainability — Inclusion of advocate’s name in IBA “Caution List” — High Court dismissing writ petition on ground that Indian Banks’ Association (IBA) is not “State” under Art. 12 — Held, focus of maintainability has shifted from formal character of respondent body to nature of function performed and effect of impugned action on legally protected rights — Caution List operates as sector-wide adverse accreditation mechanism with public law element, having direct bearing on advocate’s right to practise profession under Art. 19(1)(g) — Writ petition against IBA held maintainable notwithstanding IBA not being “State” — Kishor S. Bhat v. Indian Banks’ Association, 2018 SCC OnLine Bom 2857, distinguished — Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust v. V.R. Rudani, (1989) 2 SCC 691; Zee Telefilms Ltd. v. Union of India, (2005) 4 SCC 649; S. Shobha v. Muthoot Finance Ltd., 2025 SCC OnLine SC 177, relied on.

Civil Procedure Code, 1908 (CPC) — Section 100 — Second appeal — Scope of interference with concurrent findings on genuineness of a Will — Whether suspicious circumstances surrounding execution of a Will exist, and stand explained, is essentially a question of fact; a second appellate court cannot re-appreciate evidence and substitute its own view merely because another view is possible — Interference is permissible only where the finding is perverse, based on circumstances that are mere “figments of a doubting mind,” or is vitiated by an erroneous placement of onus — High Court exceeded its jurisdiction under S. 100 CPC in reversing well-reasoned concurrent findings of the Trial Court and First Appellate Court discarding the Will.

Arbitration and Conciliation Act, 1996 — Sections 34 and 37 — Scope of powers of Court to set aside or modify arbitral award — Modification of award is a limited power compared to annulment, aimed at achieving more just outcomes and avoiding hardship and delay, especially in India where litigation takes years — Appellate jurisdiction under Section 37 is coterminous with and as broad as jurisdiction under Section 34.

2026 INSC 546 SUPREME COURT OF INDIA DIVISION BENCH BHUPESH BHAYANA AND ANOTHER Vs. KUNAL SETH AND ANOTHER ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. ) Civil…

Civil Procedure Code, 1908 (CPC) — Order 6 Rule 7 — Pleadings should not raise new claims or inconsistent allegations — A defendant cannot retract their initial stand taken in the written statement and introduce a completely new and contradictory case, especially after issues have been framed and the trial has commenced.

2026 INSC 545 SUPREME COURT OF INDIA DIVISION BENCH MONDIRA GHOSH Vs. CHAITALI GHOSH ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. ) Civil Appeal No………………of 2026 (@…

Service Matters

Central Civil Services (Conduct) Rules, 1964 — Railway Services (Conduct) Rules, 1966 — Proviso to Rule 1(3) of CCS (Conduct) Rules clarifies that railway servants are Government servants, though different rules apply — Separate service rules are for administrative convenience and do not change their status.

2026 INSC 562 SUPREME COURT OF INDIA DIVISION BENCH BENCY JOHN Vs. KERALA STATE ELECTRICITY BOARD LTD AND OTHERS ( Before : Dipankar Datta and Satish Chandra Sharma, JJ. )…

Societies Registration Act, 1860 — West Bengal Societies Registration Act, 1961 — Governing documents — By-laws — Clause 24 — Delegation of authority — Majority resolution — A resolution by majority of trustees in writing is valid and effectual as if passed at a meeting of trustees.

2026 INSC 554 SUPREME COURT OF INDIA DIVISION BENCH HINDUSTAN MEDICAL INSTITUTION Vs. BIRLA CORPORATION LIMITED AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Civil Appeal…

Criminal Procedure Code, 1973 (CrPC) — Section 235(2) — Conviction without hearing on sentence — High Court, after reversing an acquittal and convicting an accused for the first time, directed the Trial Judge to hear the accused on sentence and impose sentence — Such direction is contrary to law as the appellate court, when convicting for the first time, must hear the accused on sentence and impose it itself — It cannot remit the matter to the trial court for sentencing.

2026 INSC 559 SUPREME COURT OF INDIA DIVISION BENCH MUKESH KUMAR YADAV Vs. THE STATE (UT OF ANDAMAN AND NICOBAR ISLANDS) ETC. ( Before : K. V. Viswanathan and Vijay…

Criminal Law — Sentencing — Modification of Sentence — Conversion of life imprisonment to a fixed term is not considered an enhancement of sentence, thus not requiring a notice under Section 401 of the Criminal Procedure Code, especially when the fixed term is not less than what was imposed by modifying a life sentence.

2026 INSC 558 SUPREME COURT OF INDIA DIVISION BENCH MUNNA MOYUDDIN SHAIKH Vs. STATE OF GUJARAT ( Before : K. V. Viswanathan and Vijay Bishnoi, JJ. ) Criminal Appeal No.2686…

Criminal Procedure Code, 1973 (CrPC) — Quashing of FIR/Charge Sheet — Abuse of process of law — Repeated closure reports indicating civil dispute, subsequent investigation without Magistrate’s approval, and lack of clear evidence of criminal intent warrant quashing of proceedings.

2026 INSC 561 SUPREME COURT OF INDIA DIVISION BENCH PALINISWAMY VEERARAJA AND OTHERS Vs. THE STATE OF KARNATAKA AND ANOTHER ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ.…

Penal Code, 1860 (IPC) — Sections 147, 148, 436, 302/149, 324/34, 323, 379, 302/109, 436/109, 379/109, 324/109, 323/109 — Conviction for offences related to mass violence, murder, arson, and causing injury — Affirmation of conviction and sentence by High Court — Supreme Court found no merit in appeals and dismissed them, upholding concurrent findings of lower courts.

2026 INSC 560 SUPREME COURT OF INDIA DIVISION BENCH MAHENDRA RAI @ HARENDRA NARAIN SINGH AND OTHER ETC. Vs. THE STATE OF BIHAR ( Before : Sanjay Karol and Nongmeikapam…

Contract Law — Hire Agreement — Dispute over outstanding charges and vehicle possession — Plaintiff (Madhya Pradesh Electricity Board) hired out two tractor trailers to the defendants (M/s Shivhare Roadlines Pvt — Ltd.) with specific monthly charges — The defendants failed to pay charges and sought waiver — Plaintiff filed a suit for recovery.

2026 INSC 556 SUPREME COURT OF INDIA DIVISION BENCH M/S SHIVHARE ROADLINES PVT. LTD. AND ANOTHER Vs. MADHYA PRADESH ELECTRICITY BOARD ( Before : J.K. Maheshwari and Atul S. Chandurkar,…

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