Supreme Court of India Judgements

February 28, 2026 9:50 pm

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Motor Vehicles Act, 1988 — Compensation — Deduction of amounts received under Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2006 — Supreme Court clarifies that only benefits directly replacing lost income are deductible from compensation awarded under the Motor Vehicles Act. Other benefits, such as pensions or life insurance, remain unaffected. Insolvency and Bankruptcy Code, 2016 — Section 7 — Adjudicating authority must satisfy itself that a financial debt exists and there is a default — Pre-existing dispute is not a bar to admitting an application by a financial creditor under Section 7, unlike in the case of an operational creditor under Section 9. Companies Act, 1956 — Insolvency and Bankruptcy Code, 2016 (IBC) — Section 238 (IBC) — Overriding effect of IBC — Scheme of arrangement (SOA) under Companies Act vs. Corporate Insolvency Resolution Process (CIRP) under IBC — Delay and non-compliance with statutory timelines in the SOA process renders it defunct — IBC provisions prevail over inconsistent provisions in other laws — Adjudicating Authority under IBC can initiate CIRP even if SOA proceedings are pending, especially if SOA is defunct. Prohibition of Benami Property Transactions Act, 1988 vs. Insolvency and Bankruptcy Code, 2016 — Jurisdiction — Orders passed under Benami Act cannot be questioned before authorities under IBC — NCLT lacks jurisdiction to entertain challenges to provisional attachment orders under Benami Act — Remedy lies exclusively before competent forum under Benami Act — IBC cannot be converted into a parallel appellate forum to review validity of attachment orders under specialised enactment — Doing so would render appellate machinery of Benami Act otiose. Maharashtra Co-operative Societies Act, 1960 — Section 98 — Recovery Certificate — Sale under Section 98 — Mandatory Deposit — Rule 107(11)(h) of Maharashtra Co-operative Societies Rules, 1961 — Deposit of entire auction amount within 15 days of auction date is a mandatory condition — Failure amounts to void sale — Bank did not raise objection and accepted deposit after 15 days — Such acceptance does not waive the mandatory condition — Sale was void as the entire amount was not deposited within the stipulated period.

Accident

Motor Vehicles Act, 1988 — Compensation — Deduction of amounts received under Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2006 — Supreme Court clarifies that only benefits directly replacing lost income are deductible from compensation awarded under the Motor Vehicles Act. Other benefits, such as pensions or life insurance, remain unaffected.

Feb 28, 2026 sclaw

I B C

Insolvency and Bankruptcy Code, 2016 — Section 7 — Adjudicating authority must satisfy itself that a financial debt exists and there is a default — Pre-existing dispute is not a bar to admitting an application by a financial creditor under Section 7, unlike in the case of an operational creditor under Section 9.

Feb 28, 2026 sclaw

Accident

Motor Vehicles Act, 1988 — Compensation — Deduction of amounts received under Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2006 — Supreme Court clarifies that only benefits directly replacing lost income are deductible from compensation awarded under the Motor Vehicles Act. Other benefits, such as pensions or life insurance, remain unaffected.

Feb 28, 2026 sclaw

I B C

Insolvency and Bankruptcy Code, 2016 — Section 7 — Adjudicating authority must satisfy itself that a financial debt exists and there is a default — Pre-existing dispute is not a bar to admitting an application by a financial creditor under Section 7, unlike in the case of an operational creditor under Section 9.

Feb 28, 2026 sclaw

I B C

Companies Act, 1956 — Insolvency and Bankruptcy Code, 2016 (IBC) — Section 238 (IBC) — Overriding effect of IBC — Scheme of arrangement (SOA) under Companies Act vs. Corporate Insolvency Resolution Process (CIRP) under IBC — Delay and non-compliance with statutory timelines in the SOA process renders it defunct — IBC provisions prevail over inconsistent provisions in other laws — Adjudicating Authority under IBC can initiate CIRP even if SOA proceedings are pending, especially if SOA is defunct.

Feb 28, 2026 sclaw

I B C

Prohibition of Benami Property Transactions Act, 1988 vs. Insolvency and Bankruptcy Code, 2016 — Jurisdiction — Orders passed under Benami Act cannot be questioned before authorities under IBC — NCLT lacks jurisdiction to entertain challenges to provisional attachment orders under Benami Act — Remedy lies exclusively before competent forum under Benami Act — IBC cannot be converted into a parallel appellate forum to review validity of attachment orders under specialised enactment — Doing so would render appellate machinery of Benami Act otiose.

Feb 28, 2026 sclaw

State Laws

Maharashtra Co-operative Societies Act, 1960 — Section 98 — Recovery Certificate — Sale under Section 98 — Mandatory Deposit — Rule 107(11)(h) of Maharashtra Co-operative Societies Rules, 1961 — Deposit of entire auction amount within 15 days of auction date is a mandatory condition — Failure amounts to void sale — Bank did not raise objection and accepted deposit after 15 days — Such acceptance does not waive the mandatory condition — Sale was void as the entire amount was not deposited within the stipulated period.

Feb 28, 2026 sclaw

Accident

Motor Vehicles Act, 1988 — Compensation — Deduction of amounts received under Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2006 — Supreme Court clarifies that only benefits directly replacing lost income are deductible from compensation awarded under the Motor Vehicles Act. Other benefits, such as pensions or life insurance, remain unaffected.

I B C

Insolvency and Bankruptcy Code, 2016 — Section 7 — Adjudicating authority must satisfy itself that a financial debt exists and there is a default — Pre-existing dispute is not a bar to admitting an application by a financial creditor under Section 7, unlike in the case of an operational creditor under Section 9.

I B C

Companies Act, 1956 — Insolvency and Bankruptcy Code, 2016 (IBC) — Section 238 (IBC) — Overriding effect of IBC — Scheme of arrangement (SOA) under Companies Act vs. Corporate Insolvency Resolution Process (CIRP) under IBC — Delay and non-compliance with statutory timelines in the SOA process renders it defunct — IBC provisions prevail over inconsistent provisions in other laws — Adjudicating Authority under IBC can initiate CIRP even if SOA proceedings are pending, especially if SOA is defunct.

I B C

Prohibition of Benami Property Transactions Act, 1988 vs. Insolvency and Bankruptcy Code, 2016 — Jurisdiction — Orders passed under Benami Act cannot be questioned before authorities under IBC — NCLT lacks jurisdiction to entertain challenges to provisional attachment orders under Benami Act — Remedy lies exclusively before competent forum under Benami Act — IBC cannot be converted into a parallel appellate forum to review validity of attachment orders under specialised enactment — Doing so would render appellate machinery of Benami Act otiose.

Service

Army Rules, 1954 – Rule 13(3)(III)(v) – Discharge from service – Offences for which the red ink entries are awarded, cannot be said to be such gross misconduct which would make the appellant indiscipline and liable to be discharged from service and that too, after a period of long service rendered by him – Order of discharge is wholly unjustified and not sustainable at law – Appeal allowed.

Acquittal

(IPC) – Section 409 – Criminal breach of trust by public servant, or by banker, merchant or agent -‘criminal breach of trust’ is defined under Section 405 IPC which provides, inter alia, that whoever being in any manner entrusted with property or with any dominion over a property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property contrary to law, or in violation of any law prescribing the mode in which such trust is to be discharged, or contravenes any legal contract, express or implied, etc. shall be held to have committed criminal breach of trust

Consumer

Consumer Protection Act, 1986 – Section 2(d)(ii) – Deficiency in service – Any loss arising out of inaction and negligence on the part of the Bank, such deficiency is compensable under the provisions of the Consumer Protection Act, 1986

Service

Termination–Reservation–In advertisement, authorities failed to mention in regard to reservation for handicapped person at the outset–Appellants who were handicapped person were appointed–On Contempt petition State cancelled the selection and terminated the service–Service restored with backwages.

Accident

Motor Vehicles Act, 1988 — Compensation — Deduction of amounts received under Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2006 — Supreme Court clarifies that only benefits directly replacing lost income are deductible from compensation awarded under the Motor Vehicles Act. Other benefits, such as pensions or life insurance, remain unaffected.

I B C

Insolvency and Bankruptcy Code, 2016 — Section 7 — Adjudicating authority must satisfy itself that a financial debt exists and there is a default — Pre-existing dispute is not a bar to admitting an application by a financial creditor under Section 7, unlike in the case of an operational creditor under Section 9.

I B C

Companies Act, 1956 — Insolvency and Bankruptcy Code, 2016 (IBC) — Section 238 (IBC) — Overriding effect of IBC — Scheme of arrangement (SOA) under Companies Act vs. Corporate Insolvency Resolution Process (CIRP) under IBC — Delay and non-compliance with statutory timelines in the SOA process renders it defunct — IBC provisions prevail over inconsistent provisions in other laws — Adjudicating Authority under IBC can initiate CIRP even if SOA proceedings are pending, especially if SOA is defunct.

I B C

Prohibition of Benami Property Transactions Act, 1988 vs. Insolvency and Bankruptcy Code, 2016 — Jurisdiction — Orders passed under Benami Act cannot be questioned before authorities under IBC — NCLT lacks jurisdiction to entertain challenges to provisional attachment orders under Benami Act — Remedy lies exclusively before competent forum under Benami Act — IBC cannot be converted into a parallel appellate forum to review validity of attachment orders under specialised enactment — Doing so would render appellate machinery of Benami Act otiose.

Will & Succession

Succession Act, 1956 – Section 63 – Evidence Act, 1872 – Section 68 – Property Dispute – The plaintiffs claimed that the property belonged to them through an oral partition among the sons of the original owner and was bequeathed to them by ‘A’ through a will – Supreme Court upheld the judgments of the Trial Court and the First Appellate Court, finding that the plaintiffs failed to provide sufficient evidence to prove the oral partition and the will.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJENDHIRAN — Appellant Vs. MUTHAIAMMAL @ MUTHAYEE AND OTHERS — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. ) Civil Appeal No.…

I B C

Set-off is not permitted under the Insolvency and Bankruptcy Code (IBC) -NCLAT reasoned that the debts between Airtel and Aircel arose from separate transactions and were not connected in a way that would justify set-off – The NCLAT ultimately rejected Airtel’s claim for set-off, finding that it was not permitted under the IBC in the context of Aircel’s corporate insolvency resolution proceedings. This decision reflects the importance of protecting the fairness and efficiency of the insolvency resolution process under the IBC.

Jan 11, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHARTI AIRTEL LIMITED AND ANOTHER — Appellant Vs. VIJAYKUMAR V. IYER AND OTHERS — Respondent ( Before : Sanjiv Khanna and S.V.N. Bhatti, JJ.…

I B C

The NCLAT upheld the CoC’s decision to distribute the proceeds on a pro-rata basis and dismissed the appellant’s appeal – Overall, the NCLAT’s decision balanced the interests of the dissenting financial creditor (DBS Bank) with the need for a fair and equitable distribution of proceeds under the resolution plan.

Jan 11, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DBS BANK LIMITED SINGAPORE — Appellant Vs. RUCHI SOYA INDUSTRIES LIMITED AND ANOTHER — Respondent ( Before : Sanjiv Khanna and S.V.N. Bhatti, JJ.…

Service

The state argued the forgery was serious misconduct and made appointments illegal – The Supreme Court allowed the appeals and ruled that the appellants were entitled to continue in their service – The court found no evidence of wrongdoing by the Appellants and directed the State to pay the appellants’ salaries with arrears and continue their service.

Jan 11, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RADHEY SHYAM YADAV AND ANOTHER ETC — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan,…

Property Matters

Land Dispute – Declaration of title and possession over a property -The doctrine of merger applied, meaning lower courts’ judgments merged with the High Court’s judgment. The respondents’ argument that the High Court committed a bona fide error was rejected, and the Supreme Court allowed the appeal and set aside the High Court’s judgment in the second round. The First Appellate Court’s judgment was restored.

Jan 11, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MARY PUSHPAM — Appellant Vs. TELVI CURUSUMARY AND OTHERS — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. ) Civil Appeal No.…

I P C

The court found the prosecution’s guilt beyond a reasonable doubt for kidnapping, attempted murder, and robbery, but had doubts about the evidence’s sufficiency to prove the intention of demanding ransom. The court acquitted the appellants of the charge under Section 364A of the IPC while upholding their convictions for other offences.

Jan 11, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEERAJ SHARMA AND OTHERS — Appellant Vs. STATE OF CHHATTISGARH AND OTHERS — Respondent ( Before : Sudhanshu Dhulia and Satish Chandra Sharma, JJ.…

Cr P C

Penal Code, 1860 (IPC) – Sections 376 and 506 – Rape – Quashing of FIR – The appellant’s main argument was that the prosecution against him was an abuse of process of law – consensual relationship – the Supreme Court set aside the High Court’s judgment and quashed the FIR against the appellant – Appeal Allowed

Jan 11, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AJEET SINGH — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. )…

Cheque Dishonour

Negotiable Instruments Act, 1881 – Section 138 – Cheque Bounce – Default in payment of agreed amount – Violation of undertaking given before the High Court and further violated the condition contained in the order granting extension of time to comply – Order cancelling the order of suspension of sentence and bail is upheld.

Jan 11, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SATISH P. BHATT — Appellant Vs. THE STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. )…

Service

The appellant had filled in 08.12.1997 as his date of birth, while his actual date of birth is 18.12.1997 – This Court allowed the appeal, holding that the error in the application form was a trivial error and did not justify the cancellation of the appellant’s candidature –

Jan 11, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VASHIST NARAYAN KUMAR — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. )…

Registration Act

Registration Act, 1908 – Section 47 – Time from which registered document operates – Sale operated from the date of execution of the original sale deed, despite the alteration made before registration without the buyer’s consent – This was because the full consideration was paid on the date of execution, and Section 47 of the Registration Act applies to make the sale deed operate from that date.

Jan 11, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KANWAR RAJ SINGH (D) TH. LRS. — Appellant Vs. GEJO. (D) TH.LRS AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj…

You missed

Accident

Motor Vehicles Act, 1988 — Compensation — Deduction of amounts received under Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2006 — Supreme Court clarifies that only benefits directly replacing lost income are deductible from compensation awarded under the Motor Vehicles Act. Other benefits, such as pensions or life insurance, remain unaffected.

Feb 28, 2026 sclaw

I B C

Insolvency and Bankruptcy Code, 2016 — Section 7 — Adjudicating authority must satisfy itself that a financial debt exists and there is a default — Pre-existing dispute is not a bar to admitting an application by a financial creditor under Section 7, unlike in the case of an operational creditor under Section 9.

Feb 28, 2026 sclaw

I B C

Companies Act, 1956 — Insolvency and Bankruptcy Code, 2016 (IBC) — Section 238 (IBC) — Overriding effect of IBC — Scheme of arrangement (SOA) under Companies Act vs. Corporate Insolvency Resolution Process (CIRP) under IBC — Delay and non-compliance with statutory timelines in the SOA process renders it defunct — IBC provisions prevail over inconsistent provisions in other laws — Adjudicating Authority under IBC can initiate CIRP even if SOA proceedings are pending, especially if SOA is defunct.

Feb 28, 2026 sclaw

I B C

Prohibition of Benami Property Transactions Act, 1988 vs. Insolvency and Bankruptcy Code, 2016 — Jurisdiction — Orders passed under Benami Act cannot be questioned before authorities under IBC — NCLT lacks jurisdiction to entertain challenges to provisional attachment orders under Benami Act — Remedy lies exclusively before competent forum under Benami Act — IBC cannot be converted into a parallel appellate forum to review validity of attachment orders under specialised enactment — Doing so would render appellate machinery of Benami Act otiose.

Feb 28, 2026 sclaw