Supreme Court of India Judgements

April 5, 2026 8:14 pm

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Companies Act, 2013 — Section 185 — Loan to directors — Violation of Section 185 — Loan from company to director for securing bail without special resolution — Deposit of Rs. 50 Crores for bail sourced from company funds without proper approval — Held to be not sustainable in law. Contract Law — Termination and Blacklisting — Principles of Judicial Review — Courts must apply distinct standards of legality, rationality, and proportionality when reviewing administrative actions related to contract termination and blacklisting, considering the differing gravity of these measures and their consequences. Service Law — Disciplinary proceedings — Punishment — Judicial review — The court’s power to review punishment is limited and generally does not allow substitution of its own judgment for that of the disciplinary authority unless the punishment is illogical, suffers from procedural impropriety, or shocks the conscience of the court Waqf Act, 1995 — Section 3(i) and Section 32(2)(g) — Jurisdiction of Civil Court versus Waqf Board — Distinction between Sajjadanashin and Mutawalli — Sajjadanashin is a spiritual head with religious duties, while Mutawalli is a secular manager of Waqf property — Waqf Board has jurisdiction over appointment and removal of Mutawallis but not Sajjadanashins — Civil Court retains jurisdiction over disputes concerning the office of Sajjadanashin — High Court wrongly held Civil Court lacked jurisdiction. National Highways Act, 1956 — Amendments and compensation provisions — Section 3-J introduced in 1997 removed applicability of Land Acquisition Act, 1894 (1894 Act) provisions for solatium and interest — Overturned by various High Courts, including reading down Sections 3-G and 3-J to grant solatium and interest — Subsequently, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) and its amended provisions extended to NH Act — Court clarified that landowners acquired lands under NH Act between 1997 and 2015 are entitled to solatium and interest — Review Petition filed by NHAI arguing financial burden was underestimated rejected, but clarification on delayed claims issued.

Bail Declined Companies Act

Companies Act, 2013 — Section 185 — Loan to directors — Violation of Section 185 — Loan from company to director for securing bail without special resolution — Deposit of Rs. 50 Crores for bail sourced from company funds without proper approval — Held to be not sustainable in law.

Apr 3, 2026 sclaw

Contract Act Tenders & Contracts

Contract Law — Termination and Blacklisting — Principles of Judicial Review — Courts must apply distinct standards of legality, rationality, and proportionality when reviewing administrative actions related to contract termination and blacklisting, considering the differing gravity of these measures and their consequences.

Apr 3, 2026 sclaw

Bail Declined Companies Act

Companies Act, 2013 — Section 185 — Loan to directors — Violation of Section 185 — Loan from company to director for securing bail without special resolution — Deposit of Rs. 50 Crores for bail sourced from company funds without proper approval — Held to be not sustainable in law.

Apr 3, 2026 sclaw

Contract Act Tenders & Contracts

Contract Law — Termination and Blacklisting — Principles of Judicial Review — Courts must apply distinct standards of legality, rationality, and proportionality when reviewing administrative actions related to contract termination and blacklisting, considering the differing gravity of these measures and their consequences.

Apr 3, 2026 sclaw

Service

Service Law — Disciplinary proceedings — Punishment — Judicial review — The court’s power to review punishment is limited and generally does not allow substitution of its own judgment for that of the disciplinary authority unless the punishment is illogical, suffers from procedural impropriety, or shocks the conscience of the court

Apr 3, 2026 sclaw

Waqf

Waqf Act, 1995 — Section 3(i) and Section 32(2)(g) — Jurisdiction of Civil Court versus Waqf Board — Distinction between Sajjadanashin and Mutawalli — Sajjadanashin is a spiritual head with religious duties, while Mutawalli is a secular manager of Waqf property — Waqf Board has jurisdiction over appointment and removal of Mutawallis but not Sajjadanashins — Civil Court retains jurisdiction over disputes concerning the office of Sajjadanashin — High Court wrongly held Civil Court lacked jurisdiction.

Apr 3, 2026 sclaw

Land Acquisition National Highways Authority Act

National Highways Act, 1956 — Amendments and compensation provisions — Section 3-J introduced in 1997 removed applicability of Land Acquisition Act, 1894 (1894 Act) provisions for solatium and interest — Overturned by various High Courts, including reading down Sections 3-G and 3-J to grant solatium and interest — Subsequently, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) and its amended provisions extended to NH Act — Court clarified that landowners acquired lands under NH Act between 1997 and 2015 are entitled to solatium and interest — Review Petition filed by NHAI arguing financial burden was underestimated rejected, but clarification on delayed claims issued.

Mar 29, 2026 sclaw

Bail Declined Companies Act

Companies Act, 2013 — Section 185 — Loan to directors — Violation of Section 185 — Loan from company to director for securing bail without special resolution — Deposit of Rs. 50 Crores for bail sourced from company funds without proper approval — Held to be not sustainable in law.

Contract Act Tenders & Contracts

Contract Law — Termination and Blacklisting — Principles of Judicial Review — Courts must apply distinct standards of legality, rationality, and proportionality when reviewing administrative actions related to contract termination and blacklisting, considering the differing gravity of these measures and their consequences.

Service

Service Law — Disciplinary proceedings — Punishment — Judicial review — The court’s power to review punishment is limited and generally does not allow substitution of its own judgment for that of the disciplinary authority unless the punishment is illogical, suffers from procedural impropriety, or shocks the conscience of the court

Waqf

Waqf Act, 1995 — Section 3(i) and Section 32(2)(g) — Jurisdiction of Civil Court versus Waqf Board — Distinction between Sajjadanashin and Mutawalli — Sajjadanashin is a spiritual head with religious duties, while Mutawalli is a secular manager of Waqf property — Waqf Board has jurisdiction over appointment and removal of Mutawallis but not Sajjadanashins — Civil Court retains jurisdiction over disputes concerning the office of Sajjadanashin — High Court wrongly held Civil Court lacked jurisdiction.

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.

Bail Declined Companies Act

Companies Act, 2013 — Section 185 — Loan to directors — Violation of Section 185 — Loan from company to director for securing bail without special resolution — Deposit of Rs. 50 Crores for bail sourced from company funds without proper approval — Held to be not sustainable in law.

Contract Act Tenders & Contracts

Contract Law — Termination and Blacklisting — Principles of Judicial Review — Courts must apply distinct standards of legality, rationality, and proportionality when reviewing administrative actions related to contract termination and blacklisting, considering the differing gravity of these measures and their consequences.

Service

Service Law — Disciplinary proceedings — Punishment — Judicial review — The court’s power to review punishment is limited and generally does not allow substitution of its own judgment for that of the disciplinary authority unless the punishment is illogical, suffers from procedural impropriety, or shocks the conscience of the court

Waqf

Waqf Act, 1995 — Section 3(i) and Section 32(2)(g) — Jurisdiction of Civil Court versus Waqf Board — Distinction between Sajjadanashin and Mutawalli — Sajjadanashin is a spiritual head with religious duties, while Mutawalli is a secular manager of Waqf property — Waqf Board has jurisdiction over appointment and removal of Mutawallis but not Sajjadanashins — Civil Court retains jurisdiction over disputes concerning the office of Sajjadanashin — High Court wrongly held Civil Court lacked jurisdiction.

Rent

Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 – Section 13(1)(e) and 15(1) – Unless the contract itself permits subletting, it shall not be lawful, after coming into operation of the Act of 1947, for a tenant to sublet the premises let out to him or to assign or transfer in any manner his interest therein with an exception the State Government may permit so by gazette notification.

Mar 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH YUVRAJ @ MUNNA PRALHAD JAGDALE AND OTHERS — Appellant Vs. JANARDAN SUBAJIRAO WIDE — Respondent ( Before : Sudhanshu Dhulia and Sanjay Kumar, JJ.…

I P C

(IPC) – Section 304(ii) – Culpable homicide not amounting to murder – Quantum of sentence – Court is of the opinion that the interest of justice would be met if the sentence imposed on the appellant-accused is reduced to the extent of 05 years in place of 07 years

Mar 24, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PANNEER SELVAM — Appellant Vs. STATE OF TAMIL NADU — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi, JJ. ) Criminal Appeal…

Acquittal

(IPC) – Sections 366, 342 and 506 – Kidnapping for purpose of marriage – Acquittal – Conviction solely on the basis of the statement of victim not sufficient to prove the guilty – Conviction and sentence is set aside – Appeal allowed.

Mar 24, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH K.H. BALAKRISHNA — Appellant Vs. THE STATE OF KARNATAKA — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Criminal Appeal No.…

Customs & Excise

Central Excise Act, 1944 – Section 4(A) – Mere affixation of MRP does not make goods eligible to find refuge under Section 4(A) of the Act, and what is required along with such affixation is a mandate of law that directs the seller to affix such MRP.

Mar 24, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX, KANPUR — Appellant Vs. M/S. A.R. POLYMERS PRIVATE LIMITED ETC. — Respondent ( Before : Krishna Murari…

Constitution

Remarks passed in court – it is essential for the courts to be extremely cautious while passing adverse remarks against the parties involved, and must do so with proper justification, in the right forum, and only if it is necessary to meet the ends of justice.

Mar 24, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SEEMANT KUMAR SINGH — Appellant Vs. MAHESH PS AND OTHERS — Respondent ( Before : Krishna Murari and Ahsanuddin Amanullah, JJ. ) Criminal Appeal…

Constitution

Armed Forces Tribunal Act, 2007 – there is no per se restriction on the exercise of power under Article 226 of the Constitution by the High Court – Union of India & Ors. v. Major General Shri Kant Sharma & Anr., (2015) 6 SCC 773does not lay down the correct law

Mar 24, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA AND OTHERS — Appellant Vs. PARASHOTAM DASS — Respondent ( Before : Sanjay Kishan Kaul, Abhay S. Oka and B.V. Nagarathna,…

C P C

It is well settled that even if the decision on a question of law has been reversed or modified by subsequent decision of a superior court in any other case it shall not be a ground for review of such judgment merely because a subsequent judgment of the Single Judge has taken contrary view.

Mar 24, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHRAMJEEVI COOPERATIVE HOUSING SOCIETY LIMITED — Appellant Vs. DINESH JOSHI AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ.…

Bail Granted

Anticipatory Bail in CBI case HELD When the primary focus is on documentary evidence, court fail to understand as to why the appellants should now be arrested – CBI did not require the custodial interrogation of the appellants during the period of investigation from 29.06.2019 till 31.12.2021 Bail granted

Mar 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAHDOOM BAVA — Appellant Vs. CENTRAL BUREAU OF INVESTIGATION — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Criminal Appeal No……..…

Corporate SEBI

HELD the question stock broker not only has to obtain a certificate of registration from SEBI for each of the stock exchange where he operates, at the same time, has to pay ad valorem fee prescribed no more res integra in view of Securities and Exchange Board of India Vs. National Stock Exchange Members Association and Another 2022 SCCOnline SC 1392

Mar 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GPSK CAPITAL PRIVATE LIMITED (FORMERLY KNOWN AS MANTRI FINANCE LIMITED) — Appellant Vs. THE SECURITIES AND EXCHANGE BOARD OF INDIA — Respondent ( Before…

Cr P C

(CrPC) – Section 482 – – howsoever well intentioned, cannot be permitted to be operated in utter disregard of the well-recognized judicial principles governing uniform application of law – Unwarranted judicial activism may cause uncertainty or confusion not only in the mind of the authorities but also in the mind of the litigants.

Mar 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CARDINAL MAR GEORGE ALENCHERRY — Appellant Vs. STATE OF KERALA AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and Bela M. Trivedi, JJ.…

You missed

Bail Declined Companies Act

Companies Act, 2013 — Section 185 — Loan to directors — Violation of Section 185 — Loan from company to director for securing bail without special resolution — Deposit of Rs. 50 Crores for bail sourced from company funds without proper approval — Held to be not sustainable in law.

Apr 3, 2026 sclaw

Contract Act Tenders & Contracts

Contract Law — Termination and Blacklisting — Principles of Judicial Review — Courts must apply distinct standards of legality, rationality, and proportionality when reviewing administrative actions related to contract termination and blacklisting, considering the differing gravity of these measures and their consequences.

Apr 3, 2026 sclaw

Service

Service Law — Disciplinary proceedings — Punishment — Judicial review — The court’s power to review punishment is limited and generally does not allow substitution of its own judgment for that of the disciplinary authority unless the punishment is illogical, suffers from procedural impropriety, or shocks the conscience of the court

Apr 3, 2026 sclaw

Waqf

Waqf Act, 1995 — Section 3(i) and Section 32(2)(g) — Jurisdiction of Civil Court versus Waqf Board — Distinction between Sajjadanashin and Mutawalli — Sajjadanashin is a spiritual head with religious duties, while Mutawalli is a secular manager of Waqf property — Waqf Board has jurisdiction over appointment and removal of Mutawallis but not Sajjadanashins — Civil Court retains jurisdiction over disputes concerning the office of Sajjadanashin — High Court wrongly held Civil Court lacked jurisdiction.

Apr 3, 2026 sclaw