Supreme Court of India Judgements

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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. Prisoner Rights — Human Dignity and Rights — The strength of a constitutional democracy is tested not merely by the liberties it guarantees abstractly, but by the manner in which it treats those at its margins — Prisons, though instruments of lawful confinement, are not spaces where constitutional values cease to operate — The guarantee of life and personal dignity under Article 21 of the Constitution of India extends beyond prison gates, obliging the State to ensure that incarceration does not degenerate into inhumanity — Overcrowded prisons, bereft of humane living conditions and rehabilitative avenues, strike at the very core of this constitutional promise and call for sustained institutional response rather than sporadic remedial measures. Insolvency and Bankruptcy Code (IBC), 2016 — Sections 7 and 60(2) — Corporate Insolvency Resolution Process (CIRP) — Initiation against principal debtor and guarantor — Co-extensive liability — Creditor can initiate CIRP against both the principal debtor and guarantor simultaneously, and also file claims in the CIRP of both. Criminal Procedure Code, 1973 (CrPC) — Section 468, 469, 473 — Limitation bars taking cognizance — Offence punishable with imprisonment for a term exceeding one year (Section 27(d) of Act) falls under Section 468(2)(c) of Cr.P.C. with limitation expiring after 3 years from the date the identity of the offender becomes known to the aggrieved party or police officer.
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
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.
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.
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.
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.
Prisoner Rights — Human Dignity and Rights — The strength of a constitutional democracy is tested not merely by the liberties it guarantees abstractly, but by the manner in which it treats those at its margins — Prisons, though instruments of lawful confinement, are not spaces where constitutional values cease to operate — The guarantee of life and personal dignity under Article 21 of the Constitution of India extends beyond prison gates, obliging the State to ensure that incarceration does not degenerate into inhumanity — Overcrowded prisons, bereft of humane living conditions and rehabilitative avenues, strike at the very core of this constitutional promise and call for sustained institutional response rather than sporadic remedial measures.
Constitution
Prisoner Rights — Human Dignity and Rights — The strength of a constitutional democracy is tested not merely by the liberties it guarantees abstractly, but by the manner in which it treats those at its margins — Prisons, though instruments of lawful confinement, are not spaces where constitutional values cease to operate — The guarantee of life and personal dignity under Article 21 of the Constitution of India extends beyond prison gates, obliging the State to ensure that incarceration does not degenerate into inhumanity — Overcrowded prisons, bereft of humane living conditions and rehabilitative avenues, strike at the very core of this constitutional promise and call for sustained institutional response rather than sporadic remedial measures.
Insolvency and Bankruptcy Code (IBC), 2016 — Sections 7 and 60(2) — Corporate Insolvency Resolution Process (CIRP) — Initiation against principal debtor and guarantor — Co-extensive liability — Creditor can initiate CIRP against both the principal debtor and guarantor simultaneously, and also file claims in the CIRP of both.
I B C
Insolvency and Bankruptcy Code (IBC), 2016 — Sections 7 and 60(2) — Corporate Insolvency Resolution Process (CIRP) — Initiation against principal debtor and guarantor — Co-extensive liability — Creditor can initiate CIRP against both the principal debtor and guarantor simultaneously, and also file claims in the CIRP of both.
I P C

Penal Code, 1860 (IPC) – Sections 302, 307, and 326 read with Section 120B – Abkari Act, 1077 – Section 55(a), 55 (h), 55 (i) and 57(A)(1)(ii) – Deadly conspiracy of liquor poisoning by mixing noxious substances likely to endanger human life -Conspiracy is when two or more persons agree to do or cause to be done an illegal act or legal act by illegal means – Offence of criminal conspiracy is an exception to the general law, where intent alone does not constitute crime – It is the intention to commit a crime and join hands with persons having the same intention –

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAJEEV — Appellant Vs. STATE OF KERALA — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Criminal Appeal No. 1134…

I P C

Penal Code, 1860 (IPC) – Sections 302 and 149 – Arms Act, 1959 – Section 25 – Murder – Death sentence – Criminal history of the convict by itself cannot be a ground for awarding him death penalty – Past conduct does not necessarily have to be taken into consideration while imposing death penalty – Present case is not a case wherein it can be held that imposition of death penalty is the only alternative

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH MADAN — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : B.R. Gavai, B.V. Nagarathna and Prashant Kumar Mishra, JJ. ) Criminal…

Preventive Detention

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) – Sections 3, 9 and 12A – Detention order – Applicability of Section 9 and Section 12A of COFEPOSA – Order of detention had not been revoked on the report of the Advisory Board or before the receipt of the report of Advisory Board or before making a reference to the Advisory Board –

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THANESAR SINGH SODHI (D) THR. LRS. AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Vikram Nath and…

Contract Act Corporate

Carriage by Air Act, 1972 – Sections 19 and 13(3) – Carrier is liable for damage occasioned by delay in the carriage by air of passengers, luggage or goods – If the carrier admits the loss of the goods, or if the goods have not arrived at the expiration of seven days after the date on which they ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage.

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. RAJASTHAN ART EMPORIUM — Appellant Vs. KUWAIT AIRWAYS AND ANOTHER — Respondent ( Before : A.S. Bopanna and Prashant Kumar Mishra, JJ. )…

Tenders & Contracts

Interpretation of Contract – A commercial document cannot be interpreted in a manner that is at odds with the original purpose and intendment of the parties to the document – A deviation from the plain terms of the contract is warranted only when it serves business efficacy better.

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED — Appellant Vs. RATNAGIRI GAS AND POWER PRIVATE LIMITED AND OTHERS — Respondent ( Before : Dr Dhananjaya…

Service Matters
Service

Service Law – Relaxation – Eligibility qualifications – State had power to relax the eligibility criteria, the same could not have been done mid-stream without giving wide publicity of such change, and opportunity to similarly situated candidates to apply and compete with others

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANKITA THAKUR AND OTHERS — Appellant Vs. THE H.P. STAFF SELECTION COMMISSION AND OTHERS — Respondent ( Before : Manoj Misra and Hrishikesh Roy,…

Constitution

Constitution of India, 1950 – Article 32 – Writ Petition – Direction to expeditious disposal of criminal cases against elected members of the Parliament and Legislative Assemblies HELD Learned Chief Justices of the High Courts shall register a suo-motu case with the title, “In Re: designated courts for MPs/MLAs” to monitor early disposal of criminal cases pending against the members of Parliament and Legislative Assemblies – The suo-motu case may be heard by the Special Bench presided by the Learned Chief Justice or a bench assigned by them.

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH ASHWINI KUMAR UPADHYAY — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., Pamidighantam Sri Narasimha…

Acquittal Dying Declaration

Penal Code, 1860 (IPC) – Evidence Act, 1972 – Section 32 – Murder by poisoning – Dying declaration – A statement made by a person who is dying is made exception to the rule of hearsay and has been made admissible in evidence under Section 32 of the Evidence Act, it would not be prudent to base conviction, relying upon such dying declaration alone – Conviction and sentence set-aside – Appeal allowed.

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARIPRASAD @ KISHAN SAHU — Appellant Vs. STATE OF CHHATTISGARH — Respondent ( Before : Bela M. Trivedi and Dipankar Datta, JJ. ) Criminal…

You missed

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
Constitution

Prisoner Rights — Human Dignity and Rights — The strength of a constitutional democracy is tested not merely by the liberties it guarantees abstractly, but by the manner in which it treats those at its margins — Prisons, though instruments of lawful confinement, are not spaces where constitutional values cease to operate — The guarantee of life and personal dignity under Article 21 of the Constitution of India extends beyond prison gates, obliging the State to ensure that incarceration does not degenerate into inhumanity — Overcrowded prisons, bereft of humane living conditions and rehabilitative avenues, strike at the very core of this constitutional promise and call for sustained institutional response rather than sporadic remedial measures.

Feb 28, 2026 sclaw
I B C

Insolvency and Bankruptcy Code (IBC), 2016 — Sections 7 and 60(2) — Corporate Insolvency Resolution Process (CIRP) — Initiation against principal debtor and guarantor — Co-extensive liability — Creditor can initiate CIRP against both the principal debtor and guarantor simultaneously, and also file claims in the CIRP of both.

Feb 28, 2026 sclaw