Supreme Court of India Judgements

January 22, 2026 9:06 am

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Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 — Building and Other Construction Workers’ Welfare Cess Act, 1996 — Applicability — Cess could not be levied or collected before the constitution of Welfare Boards, as their constitution is a condition precedent for the implementation of these Acts. Haryana Development and Regulation of Urban Areas Act, 1975 — Section 3(3A) — Amendment Act, 2020 — Retrospective validation of actions — Power to grant license includes power to modify, suspend, revoke, or delicense — Delicensing of land for commercial purposes after it was initially licensed for residential use is permissible. Factories Act, 1948 — Section 59(2) — Overtime wages calculation — “Ordinary rate of wages” — Includes basic wages plus all allowances worker is entitled to, excluding only bonus and overtime wages — Compensatory allowances like House Rent Allowance (HRA), Transport Allowance (TA), Clothing and Washing Allowance (CWA), and Small Family Allowance (SFA) are includible. Constitution of India, 1950 — Article 142 — Dissolution of marriage — Irretrievable breakdown — Supreme Court can dissolve marriage in exercise of extraordinary powers under Article 142 when marriage has irretrievably broken down, even if one party opposes it, to do complete justice. Factors to consider include period of cohabitation, separation, nature of allegations, attempts at reconciliation, and economic/social status. (Paras 4, 10, 11, 11.1, 11.2, 13, 15, 20, 26) Government Service — Recruitment — Challenge to Selection Process — A candidate who participates in a selection process without protest cannot challenge the rules or method of selection after being declared unsuccessful.

Constitution Labour Cases

Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 — Building and Other Construction Workers’ Welfare Cess Act, 1996 — Applicability — Cess could not be levied or collected before the constitution of Welfare Boards, as their constitution is a condition precedent for the implementation of these Acts.

Jan 21, 2026 sclaw

Land Acquisition

Haryana Development and Regulation of Urban Areas Act, 1975 — Section 3(3A) — Amendment Act, 2020 — Retrospective validation of actions — Power to grant license includes power to modify, suspend, revoke, or delicense — Delicensing of land for commercial purposes after it was initially licensed for residential use is permissible.

Jan 21, 2026 sclaw

Constitution Labour Cases

Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 — Building and Other Construction Workers’ Welfare Cess Act, 1996 — Applicability — Cess could not be levied or collected before the constitution of Welfare Boards, as their constitution is a condition precedent for the implementation of these Acts.

Jan 21, 2026 sclaw

Land Acquisition

Haryana Development and Regulation of Urban Areas Act, 1975 — Section 3(3A) — Amendment Act, 2020 — Retrospective validation of actions — Power to grant license includes power to modify, suspend, revoke, or delicense — Delicensing of land for commercial purposes after it was initially licensed for residential use is permissible.

Jan 21, 2026 sclaw

Labour Cases

Factories Act, 1948 — Section 59(2) — Overtime wages calculation — “Ordinary rate of wages” — Includes basic wages plus all allowances worker is entitled to, excluding only bonus and overtime wages — Compensatory allowances like House Rent Allowance (HRA), Transport Allowance (TA), Clothing and Washing Allowance (CWA), and Small Family Allowance (SFA) are includible.

Jan 21, 2026 sclaw

Constitution Matrimonial

Constitution of India, 1950 — Article 142 — Dissolution of marriage — Irretrievable breakdown — Supreme Court can dissolve marriage in exercise of extraordinary powers under Article 142 when marriage has irretrievably broken down, even if one party opposes it, to do complete justice. Factors to consider include period of cohabitation, separation, nature of allegations, attempts at reconciliation, and economic/social status. (Paras 4, 10, 11, 11.1, 11.2, 13, 15, 20, 26)

Jan 21, 2026 sclaw

Service

Government Service — Recruitment — Challenge to Selection Process — A candidate who participates in a selection process without protest cannot challenge the rules or method of selection after being declared unsuccessful.

Jan 20, 2026 sclaw

Constitution Labour Cases

Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 — Building and Other Construction Workers’ Welfare Cess Act, 1996 — Applicability — Cess could not be levied or collected before the constitution of Welfare Boards, as their constitution is a condition precedent for the implementation of these Acts.

Land Acquisition

Haryana Development and Regulation of Urban Areas Act, 1975 — Section 3(3A) — Amendment Act, 2020 — Retrospective validation of actions — Power to grant license includes power to modify, suspend, revoke, or delicense — Delicensing of land for commercial purposes after it was initially licensed for residential use is permissible.

Labour Cases

Factories Act, 1948 — Section 59(2) — Overtime wages calculation — “Ordinary rate of wages” — Includes basic wages plus all allowances worker is entitled to, excluding only bonus and overtime wages — Compensatory allowances like House Rent Allowance (HRA), Transport Allowance (TA), Clothing and Washing Allowance (CWA), and Small Family Allowance (SFA) are includible.

Constitution Matrimonial

Constitution of India, 1950 — Article 142 — Dissolution of marriage — Irretrievable breakdown — Supreme Court can dissolve marriage in exercise of extraordinary powers under Article 142 when marriage has irretrievably broken down, even if one party opposes it, to do complete justice. Factors to consider include period of cohabitation, separation, nature of allegations, attempts at reconciliation, and economic/social status. (Paras 4, 10, 11, 11.1, 11.2, 13, 15, 20, 26)

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.

Constitution Labour Cases

Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 — Building and Other Construction Workers’ Welfare Cess Act, 1996 — Applicability — Cess could not be levied or collected before the constitution of Welfare Boards, as their constitution is a condition precedent for the implementation of these Acts.

Land Acquisition

Haryana Development and Regulation of Urban Areas Act, 1975 — Section 3(3A) — Amendment Act, 2020 — Retrospective validation of actions — Power to grant license includes power to modify, suspend, revoke, or delicense — Delicensing of land for commercial purposes after it was initially licensed for residential use is permissible.

Labour Cases

Factories Act, 1948 — Section 59(2) — Overtime wages calculation — “Ordinary rate of wages” — Includes basic wages plus all allowances worker is entitled to, excluding only bonus and overtime wages — Compensatory allowances like House Rent Allowance (HRA), Transport Allowance (TA), Clothing and Washing Allowance (CWA), and Small Family Allowance (SFA) are includible.

Constitution Matrimonial

Constitution of India, 1950 — Article 142 — Dissolution of marriage — Irretrievable breakdown — Supreme Court can dissolve marriage in exercise of extraordinary powers under Article 142 when marriage has irretrievably broken down, even if one party opposes it, to do complete justice. Factors to consider include period of cohabitation, separation, nature of allegations, attempts at reconciliation, and economic/social status. (Paras 4, 10, 11, 11.1, 11.2, 13, 15, 20, 26)

G S T State Laws

Karnataka Value Added Tax Act, 2003 – Section 70 – Mere production of the invoices or the payment made by cheques is not enough and cannot be said to be discharging the burden of proof cast under section 70 of the KVAT Act, 2003 – Unless and until the purchasing dealer discharges the burden cast

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF KARNATAKA — Appellant Vs. M/S ECOM GILL COFFEE TRADING PRIVATE LIMITED — Respondent ( Before : M.R. Shah and C.T. Ravikumar,…

Land Acquisition

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Lapse of acquisition proceedings – Subsequent purchaser has no locus to challenge the acquisition/lapsing of the acquisition.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF NCT OF DELHI AND ANOTHER — Appellant Vs. M/S. BEADS PROPERTIES PVT. LTD. AND OTHERS — Respondent ( Before : M.R. Shah…

Land Acquisition

Indore Development Authority Vs. Manoharlal and Ors. (2020) 8 SCC 129 – There shall not be any deemed lapse under Section 24(2) of the Act, 2013 – Under the circumstances, the impugned judgment and order passed by the High Court is unsustainable and the same deserves to be quashed and set aside and is accordingly quashed and set aside – Appeal allowed.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH LAND ACQUISITION COLLECTOR AND ANOTHER — Appellant Vs. B.S. DHILLON AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

Service

HELD not shown what transpired that made the respondents resort to Fundamental Rules 56(j) and invoke the public interest doctrine to compulsorily retire appellant with just three months of service left for retirement, in routine. Court is inclined to pierce the smoke screen and on doing so, it is firm view that the order of compulsory retirement in the given facts and circumstances of the case cannot be sustained.

Mar 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CAPTAIN PRAMOD KUMAR BAJAJ — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : A.S. Bopanna and Hima Kohli, JJ. )…

Electricity Act

Long-term Power Purchase Agreements (“PPAs” for short) with Adani Power Maharashtra Limited HELD The CERC as well as the learned APTEL, on the interpretation of Articles 8.3.5 and 8.8.3 of the PPA, have concurrently found that the procurer had delayed the payment by not making the payment within the due date and, as such, GMR was entitled to late payment surcharge – Supreme court find no reason to interfere with the said concurrent findings of fact – Appeal dismissed.

Mar 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED — Appellant Vs. ADANI POWER MAHARASHTRA LIMITED AND OTHERS — Respondent ( Before : B.R. Gavai and Vikram…

I B C

HELD allow the Resolution Plan (RP) preferred by Authum Investment and Infrastructure Limited (AIIL) qua the debenture holders, except the dissenting debenture holders – Direction that the dissenting debenture holders should be provided an option to accept the terms of the RP. Alternatively, the dissenting debenture holders will have a right to stand outside the proposed RP framed

Mar 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AUTHUM INVESTMENT AND INFRASTRUCTURE LIMITED — Appellant Vs. R.K. MOHATTA FAMILY TRUST AND OTHERS — Respondent ( Before : B.R. Gavai and Aravind Kumar,…

Acquittal

Murder – Acquittal – If two reasonable conclusions are possible on the basis of the evidence on record, the Appellate Court should not disturb the finding of acquittal recorded by the trial court -H C conviction set aside trial court acquittal affirmed

Mar 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NIKHIL CHANDRA MONDAL — Appellant Vs. STATE OF WEST BENGAL — Respondent ( Before : B.R. Gavai and Sanjay Karol, JJ. ) Criminal…

Environment

Transfer of elephants from one state to another state – HELD Chief Wild Life Warden(s) of the State(s) to which the issue relates will be the co-opted as Members of the said Committee in place of the Chief Wild Life Wardens of Tripura and Gujarat, throughout the territory of India,

Mar 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MURULY M. S. — Appellant Vs. THE STATE OF KARNATAKA AND OTHERS — Respondent ( Before : Krishna Murari and Ahsanuddin Amanullah, JJ. )…

Corporate

Auction platform – Right of – Merely because a person is having a licence and doing business in a particular shop, he is not entitled to the auction platform as a matter of right and that too, in front of and/or adjacent to his shop.

Mar 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GURJIT SINGH (D) THROUGH LRS — Appellant Vs. UNION TERRITORY, CHANDIGARH AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Land Acquisition

Lapse of land acquisition – Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, – When within three years various steps were taken for implementation of the scheme including the steps to acquire the land by negotiations and even thereafter on failure to acquire the land by negotiations approaching the State Government to acquire the land under the Land Acquisition Act, the High Court has erred in declaring that the scheme has lapsed

Mar 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INDORE DEVELOPMENT AUTHORITY — Appellant Vs. BURHANI GRIH NIRMAN SAHAKARI SANSTHA MARYADIT SNEH NAGAR AND OTHERS — Respondent ( Before : M.R. Shah and…

You missed

Constitution Labour Cases

Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 — Building and Other Construction Workers’ Welfare Cess Act, 1996 — Applicability — Cess could not be levied or collected before the constitution of Welfare Boards, as their constitution is a condition precedent for the implementation of these Acts.

Jan 21, 2026 sclaw

Land Acquisition

Haryana Development and Regulation of Urban Areas Act, 1975 — Section 3(3A) — Amendment Act, 2020 — Retrospective validation of actions — Power to grant license includes power to modify, suspend, revoke, or delicense — Delicensing of land for commercial purposes after it was initially licensed for residential use is permissible.

Jan 21, 2026 sclaw

Labour Cases

Factories Act, 1948 — Section 59(2) — Overtime wages calculation — “Ordinary rate of wages” — Includes basic wages plus all allowances worker is entitled to, excluding only bonus and overtime wages — Compensatory allowances like House Rent Allowance (HRA), Transport Allowance (TA), Clothing and Washing Allowance (CWA), and Small Family Allowance (SFA) are includible.

Jan 21, 2026 sclaw

Constitution Matrimonial

Constitution of India, 1950 — Article 142 — Dissolution of marriage — Irretrievable breakdown — Supreme Court can dissolve marriage in exercise of extraordinary powers under Article 142 when marriage has irretrievably broken down, even if one party opposes it, to do complete justice. Factors to consider include period of cohabitation, separation, nature of allegations, attempts at reconciliation, and economic/social status. (Paras 4, 10, 11, 11.1, 11.2, 13, 15, 20, 26)

Jan 21, 2026 sclaw