Supreme Court of India Judgements

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Criminal Procedure Code, 1973 (CrPC) — Anticipatory Bail — Power of Court to Direct Surrender — When an anticipatory bail application is rejected, the court does not have the jurisdiction to direct the petitioner to surrender — The rejection of anticipatory bail means that an application for pre-arrest bail has been denied, and the subsequent steps regarding arrest and regular bail should follow the normal procedure as per law. Insolvency and Bankruptcy Code, 2016 (IBC) — Sections 7, 3(10), 5(7), 5(8) — Corporate Insolvency Resolution Process (CIRP) — Admission of petition — Appeal against NCLAT order setting aside NCLT order and directing admission of Section 7 petition — Held, IBC is not a debt recovery legislation but for reorganisation and insolvency resolution — Initiation of CIRP as a substitute for execution of a civil court decree is an abuse of process. Arbitration and Conciliation Act, 1996 — Section 9 — Petition under Section 9 at post-award stage by unsuccessful party — Maintainability — Bombay, Delhi, Madras and Karnataka High Courts held such petitions not maintainable — Telangana, Gujarat and Punjab & Haryana High Courts held such petitions maintainable — Supreme Court held that any party to an arbitration agreement, including an unsuccessful party, can invoke Section 9 at the post-award stage, overruling the former judgments. Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of pleadings — Permissibility while considering grant of leave to amend a plaint — Court can examine the merits/demerits of the case — Landlord filed suit for eviction based on bonafide need and other grounds — During appeal, landlord died — Legal heirs sought to amend plaint to incorporate their bonafide need, including that of appellant’s wife and son — Trial Court dismissed the suit — Appellate Bench allowed amendment, directing issue of bonafide requirement to be sent back to Trial Court for evidence — High Court, in writ petition, set aside amendment allowing fresh suit — Supreme Court held that High Court erred in interfering with the discretion of Appellate Bench under Article 227, as amendment was permissible. Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 37(1)(b)(ii) — Grant of bail in commercial quantity cases — Twin Conditions — Mandatory nature — High Court must record satisfaction on reasonable grounds for believing accused is not guilty and not likely to commit offence while on bail — Failure to record satisfaction vitiates bail order — Speedy trial under Article 21 to be harmoniously read with Section 37, not to override it — Bail granted without recorded satisfaction is unsustainable.
Criminal Procedure Code, 1973 (CrPC) — Anticipatory Bail — Power of Court to Direct Surrender — When an anticipatory bail application is rejected, the court does not have the jurisdiction to direct the petitioner to surrender — The rejection of anticipatory bail means that an application for pre-arrest bail has been denied, and the subsequent steps regarding arrest and regular bail should follow the normal procedure as per law.
Anticipatory Bail Cr P C
Criminal Procedure Code, 1973 (CrPC) — Anticipatory Bail — Power of Court to Direct Surrender — When an anticipatory bail application is rejected, the court does not have the jurisdiction to direct the petitioner to surrender — The rejection of anticipatory bail means that an application for pre-arrest bail has been denied, and the subsequent steps regarding arrest and regular bail should follow the normal procedure as per law.
Insolvency and Bankruptcy Code, 2016 (IBC) — Sections 7, 3(10), 5(7), 5(8) — Corporate Insolvency Resolution Process (CIRP) — Admission of petition — Appeal against NCLAT order setting aside NCLT order and directing admission of Section 7 petition — Held, IBC is not a debt recovery legislation but for reorganisation and insolvency resolution — Initiation of CIRP as a substitute for execution of a civil court decree is an abuse of process.
I B C
Insolvency and Bankruptcy Code, 2016 (IBC) — Sections 7, 3(10), 5(7), 5(8) — Corporate Insolvency Resolution Process (CIRP) — Admission of petition — Appeal against NCLAT order setting aside NCLT order and directing admission of Section 7 petition — Held, IBC is not a debt recovery legislation but for reorganisation and insolvency resolution — Initiation of CIRP as a substitute for execution of a civil court decree is an abuse of process.
Arbitration and Conciliation Act, 1996 — Section 9 — Petition under Section 9 at post-award stage by unsuccessful party — Maintainability — Bombay, Delhi, Madras and Karnataka High Courts held such petitions not maintainable — Telangana, Gujarat and Punjab & Haryana High Courts held such petitions maintainable — Supreme Court held that any party to an arbitration agreement, including an unsuccessful party, can invoke Section 9 at the post-award stage, overruling the former judgments.
Arbitration
Arbitration and Conciliation Act, 1996 — Section 9 — Petition under Section 9 at post-award stage by unsuccessful party — Maintainability — Bombay, Delhi, Madras and Karnataka High Courts held such petitions not maintainable — Telangana, Gujarat and Punjab & Haryana High Courts held such petitions maintainable — Supreme Court held that any party to an arbitration agreement, including an unsuccessful party, can invoke Section 9 at the post-award stage, overruling the former judgments.
Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of pleadings — Permissibility while considering grant of leave to amend a plaint — Court can examine the merits/demerits of the case — Landlord filed suit for eviction based on bonafide need and other grounds — During appeal, landlord died — Legal heirs sought to amend plaint to incorporate their bonafide need, including that of appellant’s wife and son — Trial Court dismissed the suit — Appellate Bench allowed amendment, directing issue of bonafide requirement to be sent back to Trial Court for evidence — High Court, in writ petition, set aside amendment allowing fresh suit — Supreme Court held that High Court erred in interfering with the discretion of Appellate Bench under Article 227, as amendment was permissible.
C P C Rent
Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of pleadings — Permissibility while considering grant of leave to amend a plaint — Court can examine the merits/demerits of the case — Landlord filed suit for eviction based on bonafide need and other grounds — During appeal, landlord died — Legal heirs sought to amend plaint to incorporate their bonafide need, including that of appellant’s wife and son — Trial Court dismissed the suit — Appellate Bench allowed amendment, directing issue of bonafide requirement to be sent back to Trial Court for evidence — High Court, in writ petition, set aside amendment allowing fresh suit — Supreme Court held that High Court erred in interfering with the discretion of Appellate Bench under Article 227, as amendment was permissible.
I P C

False promise of marriage – Horoscope Examination of Rape Victim – Prosecutrix is mangali, therefore, marriage could not be solemnized and the same has been refused – Order passed by the Allahabad High Court which directed the Head of Department (Astrology Department), Lucknow may decide the matter whether the girl is mangali or not is stayed.

Jun 11, 2023 sclaw

SUPREME COURT OF INDIA VACATION BENCH GOBIND RAI @ MONU — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : Sudhanshu Dhulia and Pankaj Mithal, JJ. ) Suo…

SC/ST

S C and S T (Prevention of Atrocities) Act, 1989 – S 14A(1) – (CrPC) – S 319 courts satisfaction preceding the order thereunder must be more than prima facie as formed at the stage of a charge being framed and short of satisfaction to an extent that the evidence, if unrebutted, would lead to conviction – Summoning order upheld – Appeal dismissed

Jun 11, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JITENDRA NATH MISHRA — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : Dipankar Datta and Pankaj Mithal, JJ. ) Criminal…

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 11(6), 12 and 12(5) – Appointment of Sole Arbitrator – Arbitration clause which authorises the Secretary, Ministry of Home Affairs, whose relationship with Union of India is that of an employee, to nominate an officer of the Ministry of Law and Justice to act as a Sole Arbitrator, clearly falls within the expressly ineligible category provided in Paragraph 1 of Schedule VII, read with Section 12(5) of the Act

Jun 11, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S GLOCK ASIA-PACIFIC LTD. — Appellant Vs. UNION OF INDIA — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., Pamidighantam Sri Narasimha and…

Tenders & Contracts

Powers of judicial review in contractual or commercial matters – – Courts will not interfere by exercising powers of judicial review even if a procedural aberration or error in assessment or prejudice to a tenderer, is made out – Power of judicial review will not be invoked to protect private interest at the cost of public interest, or to decide contractual disputes.

Jun 11, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH TATA MOTORS LIMITED — Appellant Vs. THE BRIHAN MUMBAI ELECTRIC SUPPLY & TRANSPORT UNDERTAKING (BEST) AND OTHERS — Respondent ( Before : Dr. Dhananjaya…

Corporate G S T

Airports Authority of India Act, 1994 – Section 22A – User development fee collected by the airport operation, maintenance and development entities (i.e., the Mumbai International Airport Pvt. Ltd., the Delhi International Airport Pvt. Ltd., and the Hyderabad International Airport Pvt. Ltd.) is not subjected to service tax levy, under the provisions of the Finance Act, 1994.

Jun 11, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL GST DELHI – III — Appellant Vs. DELHI INTERNATIONAL AIRPORT LTD — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ.…

Service Matters
Service

Under Rule 7 of the Odisha Civil Service (Pension) Rules, 1992, the departmental inquiry initiated against her (a retired officer) with the sanction of the Government, shall not be in respect of any event which took place more than four years before such institution. She submitted that the allegations indicated in the chargesheet were beyond the period of four years – Contention upheld

Jun 4, 2023 sclaw

chargesheet was in clear breach of the mandate of Rule 7 of Rules 1992. Accordingly, the chargesheet and other consequential departmental proceedings initiated against the officer were quashed. The court…

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Anticipatory Bail Cr P C

Criminal Procedure Code, 1973 (CrPC) — Anticipatory Bail — Power of Court to Direct Surrender — When an anticipatory bail application is rejected, the court does not have the jurisdiction to direct the petitioner to surrender — The rejection of anticipatory bail means that an application for pre-arrest bail has been denied, and the subsequent steps regarding arrest and regular bail should follow the normal procedure as per law.

Apr 27, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 (IBC) — Sections 7, 3(10), 5(7), 5(8) — Corporate Insolvency Resolution Process (CIRP) — Admission of petition — Appeal against NCLAT order setting aside NCLT order and directing admission of Section 7 petition — Held, IBC is not a debt recovery legislation but for reorganisation and insolvency resolution — Initiation of CIRP as a substitute for execution of a civil court decree is an abuse of process.

Apr 27, 2026 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 9 — Petition under Section 9 at post-award stage by unsuccessful party — Maintainability — Bombay, Delhi, Madras and Karnataka High Courts held such petitions not maintainable — Telangana, Gujarat and Punjab & Haryana High Courts held such petitions maintainable — Supreme Court held that any party to an arbitration agreement, including an unsuccessful party, can invoke Section 9 at the post-award stage, overruling the former judgments.

Apr 27, 2026 sclaw
C P C Rent

Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of pleadings — Permissibility while considering grant of leave to amend a plaint — Court can examine the merits/demerits of the case — Landlord filed suit for eviction based on bonafide need and other grounds — During appeal, landlord died — Legal heirs sought to amend plaint to incorporate their bonafide need, including that of appellant’s wife and son — Trial Court dismissed the suit — Appellate Bench allowed amendment, directing issue of bonafide requirement to be sent back to Trial Court for evidence — High Court, in writ petition, set aside amendment allowing fresh suit — Supreme Court held that High Court erred in interfering with the discretion of Appellate Bench under Article 227, as amendment was permissible.

Apr 27, 2026 sclaw