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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.

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 INSC 449 SUPREME COURT OF INDIA DIVISION BENCH ALPHA CORP DEVELOPMENT PRIVATE LIMITED Vs. GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY (GNIDA) AND OTHERS ( Before : Sanjay Kumar and Alok…

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 INSC 470 SUPREME COURT OF INDIA DIVISION BENCH YATIN NARENDRA OZA Vs. SUO MOTU, HIGH COURT OF GUJARATAND ANOTHER ( Before : J.K. Maheshwari and Atul S. Chandurkar, JJ.…

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 INSC 468 SUPREME COURT OF INDIA DIVISION BENCH GUNJAN @ GIRIJA KUMARI AND OTHERS Vs. STATE (NCT OF DELHI) AND ANOTHER ( Before : Prashant Kumar Mishra and N.V.…

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 INSC 471 SUPREME COURT OF INDIA DIVISION BENCH URMILA DEVI Vs. THE STATE OF UTTAR PRADESH AND OTHERS ( Before : Aravind Kumar and Prasanna B. Varale, JJ. )…

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 INSC 469 SUPREME COURT OF INDIA DIVISION BENCH MITESH @ T.V. VAGHELA Vs. THE STATE OF GUJARAT ( Before : Aravind Kumar and Prasanna B. Varale, JJ. ) Criminal…

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 INSC 451 SUPREME COURT OF INDIA DIVISION BENCH HABBAN SHAH Vs. SHERUDDIN ( Before : Pankaj Mithal and S. V. N. Bhatti, JJ. ) Civil Appeal No…..of 2026 (Arising…

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 INSC 455 SUPREME COURT OF INDIA DIVISION BENCH NEETU SOLVENTS Vs. VINEET NAGAR AND OTHERS ( Before : J.K. Maheshwari and Atul S. Chandurkar, JJ. ) Civil Appeal No.…

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