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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.
Education

University Grants Commission Regulations, 2018 – – the members of such Search-cum-Selection Committee shall be the persons of eminence in the sphere of higher education and shall not be connected in any manner with the University concerned or its colleges – While preparing the panel, the Search Committee shall give proper weightage to the academic excellence etc.

Nov 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PROF. NARENDRA SINGH BHANDARI — Appellant Vs. RAVINDRA JUGRAN AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. ) Civil…

Constitution

Once an application was preferred by any of the parties that a review may be heard by the Judge who had decided the matter and had passed the order from which the review arose, the matter ought to have been placed before the Chief Justice on the administrative side rather than order being passed on the judicial side.

Nov 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SURESH G. RAMNANI — Appellant Vs. AURELIA ANA DE PIEDADE MIRANDA @ ARIYA ALVARES (DEAD THR. LRS) AND OTHERS — Respondent ( Before :…

Banking Corporate

Sale Contract – Letter of credit – A letter of credit is independent of and unqualified by the contract of sale or underlying transactions – Autonomy of an irrevocable LOC is entitled to protection and as a rule, courts refrain from interfering with that autonomy – If courts interfere in such transactions, it would be prone to misuse by the applicant party

Nov 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S BAWA PAULINS PVT. LTD. — Appellant Vs. UPS FREIGHT SERVICES (INDIA) PVT. LTD. AND ANOTHER — Respondent ( Before : B.R. Gavai and…

Service Matters
Service

HELD probation was confirmed; thereafter appointed / promoted as Assistant Professor and promoted Associate Professor on regular basis and on regular pay-scale, therefore, entitled to get regular service counted for the period from 03.10.1998 to 21.10.2011 for the purpose of grant of the benefit of Career Advancement Scheme

Nov 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE MAHATMA GANDHI UNIVERSITY AND OTHERS — Appellant Vs. RINCYMOL MATHEW — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. ) Civil…

I P C

Death Sentence – Rape and murder of a housewife – Held, impact of solitary confinement were obviously evident in the instant case, as would be clear from the letter given by the medical professional on 6.11.2011 and the communication emanating from the jail on 8.11.2011. The incarceration in solitary confinement thus did show ill effects on the well-being of the appellant. In the backdrop of these features of the matter, the appellant is entitled to have the death sentence imposed upon him to be commuted to death sentence to life

Nov 6, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH B.A. UMESH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Uday Umesh Lalit, CJI., S. Ravindra Bhat and Pamidighantam…

Land Acquisition

Lapse of acquisition proceedings – Subsequent purchaser has no right to claim lapse of acquisition proceedings – There cannot be any lapse of acquisition under Section 24(2) of the Act, 2013 on the ground of possession could not be taken over by the authority and/or the compensation could not be deposited / tendered due to the pending litigations.

Nov 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. DAMINI WADHWA AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. ) Civil Appeal…

You missed

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