Supreme Court of India Judgements

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Insolvency and Bankruptcy Code, 2016 — Section 14, Section 238 — Telecom laws — Spectrum — Nature of — Can spectrum, even if treated as an asset in corporate debtor’s books, be subjected to proceedings under IBC? — Held, No. Spectrum is a natural resource, the right to use which is granted by the Government under a licence, not ownership. The IBC cannot override the specific statutory regime governing telecommunications law. . Cricket Association Rules — Applicability of Supreme Court Judgments — A district cricket association’s rules and bye-laws are not necessarily required to be identical to those of the national cricket governing body (BCCI) based on previous Supreme Court judgments, as the specific rulings in those cases did not mandate such precise conformity for district associations. Service Law — Regularisation of Services — Casual Workers — Supreme Court held that casual workers who were similarly situated to those whose services had been regularised in previous judgments, should also have their services regularised. The Court noted that the work performed was perennial and fundamental to the functioning of the department, and that excluding these workers amounted to discrimination. Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Absconding accused — General rule is that an absconder is not entitled to anticipatory bail, exception being when court is prima facie satisfied that no case is made out against the accused after perusing FIR, case diary, and other materials — Accused absconded for almost six and a half years, threatened victim, had criminal antecedents, and was not traceable — Acquittal of co-accused does not automatically entitle absconding accused to anticipatory bail, as prosecution is not expected to adduce evidence against absconding accused during trial of co-accused — Granting anticipatory bail to an absconding accused sets a bad precedent Essential Commodities Act, 1955 — Sections 3, 7 — Cement Control Order, 1967 — Maharashtra Cement (Licensing and Control) Order, 1973 — Decontrol of cement price and distribution from March 1, 1989 — Conviction for offences relating to cement contravention after decontrol — Unsustainable in law — Prosecution fundamentally unsustainable due to absence of operative control order on relevant date.
Insolvency and Bankruptcy Code, 2016 — Section 14, Section 238 — Telecom laws — Spectrum — Nature of — Can spectrum, even if treated as an asset in corporate debtor’s books, be subjected to proceedings under IBC? — Held, No. Spectrum is a natural resource, the right to use which is granted by the Government under a licence, not ownership. The IBC cannot override the specific statutory regime governing telecommunications law.
I B C
Insolvency and Bankruptcy Code, 2016 — Section 14, Section 238 — Telecom laws — Spectrum — Nature of — Can spectrum, even if treated as an asset in corporate debtor’s books, be subjected to proceedings under IBC? — Held, No. Spectrum is a natural resource, the right to use which is granted by the Government under a licence, not ownership. The IBC cannot override the specific statutory regime governing telecommunications law.
. Cricket Association Rules — Applicability of Supreme Court Judgments — A district cricket association’s rules and bye-laws are not necessarily required to be identical to those of the national cricket governing body (BCCI) based on previous Supreme Court judgments, as the specific rulings in those cases did not mandate such precise conformity for district associations.
Constitution
. Cricket Association Rules — Applicability of Supreme Court Judgments — A district cricket association’s rules and bye-laws are not necessarily required to be identical to those of the national cricket governing body (BCCI) based on previous Supreme Court judgments, as the specific rulings in those cases did not mandate such precise conformity for district associations.
Service Law — Regularisation of Services — Casual Workers — Supreme Court held that casual workers who were similarly situated to those whose services had been regularised in previous judgments, should also have their services regularised. The Court noted that the work performed was perennial and fundamental to the functioning of the department, and that excluding these workers amounted to discrimination.
Service
Service Law — Regularisation of Services — Casual Workers — Supreme Court held that casual workers who were similarly situated to those whose services had been regularised in previous judgments, should also have their services regularised. The Court noted that the work performed was perennial and fundamental to the functioning of the department, and that excluding these workers amounted to discrimination.
Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Absconding accused — General rule is that an absconder is not entitled to anticipatory bail, exception being when court is prima facie satisfied that no case is made out against the accused after perusing FIR, case diary, and other materials — Accused absconded for almost six and a half years, threatened victim, had criminal antecedents, and was not traceable — Acquittal of co-accused does not automatically entitle absconding accused to anticipatory bail, as prosecution is not expected to adduce evidence against absconding accused during trial of co-accused — Granting anticipatory bail to an absconding accused sets a bad precedent
Bail Declined
Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Absconding accused — General rule is that an absconder is not entitled to anticipatory bail, exception being when court is prima facie satisfied that no case is made out against the accused after perusing FIR, case diary, and other materials — Accused absconded for almost six and a half years, threatened victim, had criminal antecedents, and was not traceable — Acquittal of co-accused does not automatically entitle absconding accused to anticipatory bail, as prosecution is not expected to adduce evidence against absconding accused during trial of co-accused — Granting anticipatory bail to an absconding accused sets a bad precedent
I B C

IBC, 2016 Ss 7 & 9 – Limitation – HELD It would be absurd to hold that the CIRP could be initiated by filing an application under Section 7 or Section 9 of the IBC, within three years from the date on which an application under those provisions of the IBC could have first been made before the NCLT even though the right to sue may have accrued decades ago.

Sep 24, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH M/S TECH SHARP ENGINEERS PVT. LTD. — Appellant Vs. SANGHVI MOVERS LIMITED — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. )…

Corporate

SEBI Act, 1992 Sections 2 (ha), 15 Z – HELD would be that the sale by the respondent, of the shares held by him in company would not fall within the mischief of insider trading, as it was somewhat similar to a distress sale, made before the information could have a positive impact on the price of the shares, the appeal is dismissed.

Sep 24, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SECURITIES AND EXCHANGE BOARD OF INDIA — Appellant Vs. ABHIJIT RAJAN — Respondent ( Before : Indira Banerjee and V. Ramasubramanian, JJ. ) Civil…

C P C

Suit for declaration, possession and permanent injunction – Opportunity for producing a witness to prove the plaint averments as also other supporting material – State has been denied adequate opportunity by the Courts below and certain material documents have not been taken into consideration – Matter remanded

Sep 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH THE STATE OF KARNATAKA AND ANOTHER — Appellant Vs. M.A. MOHAMAD SANAULLA AND ANOTHER — Respondent ( Before : Hemant Gupta and Vikram Nath,…

Constitution

Delhi Land Reforms Act, 1954 HELD 1954 Act, is a special law, dealing with fragmentation, ceiling, and devolution of tenancy rights over agricultural holdings only, whereas the 1956 Act is a general law, providing for succession to a Hindu by religion as stated in Section 2 thereof. The existence or absence of Section 4(2) in the 1956 Act would be immaterial.

Sep 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH HAR NARAINI DEVI AND ANOTHER — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Hemant Gupta and Vikram Nath, JJ.…

Constitution

Haryana Sikh Gurdwara (Management) Act, 2014 – Sikh Gurdwaras Act, 1925 – Punjab Reorganisation Act, 1966 – HELD Since the affairs of the Sikh minority in the State are to be managed by the Sikhs alone, therefore, it cannot be said to be violative of any of the fundamental rights conferred under Articles 25 and 26 of the Constitution.

Sep 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH HARBHAJAN SINGH — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent ( Before : Hemant Gupta and Vikram Nath, JJ. ) Writ Petition…

Constitution G S T

HELD but the question is about the entertainability of the writ petition against the order of assessment by-passing the statutory remedy of appeal – – judicial prudence demands that the court refrains from exercising its jurisdiction under constitutional provisions when there is an alternate remedy available,

Sep 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH THE STATE OF MAHARASHTRA AND OTHERS — Appellant Vs. GREATSHIP (INDIA) LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Corporate

Major Port Trusts Act, 1963 – Section 50-B – Port-due on vessels not discharging or taking in cargo – When a Vessel enters a port but does not discharge or take in any cargo or passengers, she is charged with port dues at a rate to be determined by the Authority, which, in any event, should not exceed half the rate with which she otherwise would be chargeable.

Sep 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH M/S NKD MARITIME LIMITED — Appellant Vs. THE BOARD OF TRUSTEES OF THE PORT OF MUMBAI AND OTHERS — Respondent ( Before : Indira…

Property Matters

Allotments of flats – the entire controversy can be set at rest on the understanding that 844 members of the Respondent-Society shall be provided with apartments, admeasuring about 1800 square feet, as stated by NOIDA in its affidavit filed pursuant to the order dated 23.8.2021 passed by this Court

Sep 22, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY (NOIDA) — Appellant Vs. KENDRIYA KARAMCHARI SEHKARI G.N. SAMITI AND OTHERS — Respondent ( Before : Uday Umesh Lalit,…

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I B C

Insolvency and Bankruptcy Code, 2016 — Section 14, Section 238 — Telecom laws — Spectrum — Nature of — Can spectrum, even if treated as an asset in corporate debtor’s books, be subjected to proceedings under IBC? — Held, No. Spectrum is a natural resource, the right to use which is granted by the Government under a licence, not ownership. The IBC cannot override the specific statutory regime governing telecommunications law.

Feb 22, 2026 sclaw
Constitution

. Cricket Association Rules — Applicability of Supreme Court Judgments — A district cricket association’s rules and bye-laws are not necessarily required to be identical to those of the national cricket governing body (BCCI) based on previous Supreme Court judgments, as the specific rulings in those cases did not mandate such precise conformity for district associations.

Feb 22, 2026 sclaw
Service

Service Law — Regularisation of Services — Casual Workers — Supreme Court held that casual workers who were similarly situated to those whose services had been regularised in previous judgments, should also have their services regularised. The Court noted that the work performed was perennial and fundamental to the functioning of the department, and that excluding these workers amounted to discrimination.

Feb 22, 2026 sclaw
Bail Declined

Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Absconding accused — General rule is that an absconder is not entitled to anticipatory bail, exception being when court is prima facie satisfied that no case is made out against the accused after perusing FIR, case diary, and other materials — Accused absconded for almost six and a half years, threatened victim, had criminal antecedents, and was not traceable — Acquittal of co-accused does not automatically entitle absconding accused to anticipatory bail, as prosecution is not expected to adduce evidence against absconding accused during trial of co-accused — Granting anticipatory bail to an absconding accused sets a bad precedent

Feb 22, 2026 sclaw