Supreme Court of India Judgements

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Arbitration Act, 1940 — Section 21 — Arbitration in suits — Mandatory requirement of court order of reference — For arbitration proceedings to be validly initiated or continued during pendency of a suit, parties must obtain an order of reference from the court under Section 21 — Failure to comply renders the award legally ineffective as a bar to the suit. Land Acquisition Act, 1894 — Section 4 and 6 — Compensation for acquired land — Challenge to compensation awarded by High Court — Supreme Court upholds High Court’s decision based on a previous judgment dealing with the same acquisition and village — Appellant denied further enhancement. Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) — Section 23 — Applicability to in-service teachers — Sub-section (1) governs eligibility for future appointments (prospective), while the first proviso to sub-section (2) specifically addresses teachers already in service, allowing them time to acquire qualifications — The second proviso, added by the 2017 Amendment Act, further extends this window for teachers appointed or in service as of March 31, 2015 — The legislative intent is to recognize existing appointments while providing a time-bound mechanism for qualification, not to invalidate past appointments retrospectively or impose immediate disqualification Evidence Act, 1872 — Section 133 and Illustration (b) to Section 114 — Accomplice Testimony — Testimony of an approver/accomplice is not illegal merely because it is uncorroborated, but as a rule of prudence, it is unsafe to convict solely on the basis of uncorroborated testimony — Corroboration must be in material particulars and should come from independent sources. Succession Act, 1925 — Section 263 — Revocation of probate — Limitation — No specific period of limitation prescribed for application for revocation of probate — Article 137 of Limitation Act, 1963 applies — Right to apply accrues when applicant has knowledge of the facts justifying revocation.
Arbitration Act, 1940 — Section 21 — Arbitration in suits — Mandatory requirement of court order of reference — For arbitration proceedings to be validly initiated or continued during pendency of a suit, parties must obtain an order of reference from the court under Section 21 — Failure to comply renders the award legally ineffective as a bar to the suit.
Arbitration
Arbitration Act, 1940 — Section 21 — Arbitration in suits — Mandatory requirement of court order of reference — For arbitration proceedings to be validly initiated or continued during pendency of a suit, parties must obtain an order of reference from the court under Section 21 — Failure to comply renders the award legally ineffective as a bar to the suit.
Land Acquisition Act, 1894 — Section 4 and 6 — Compensation for acquired land — Challenge to compensation awarded by High Court — Supreme Court upholds High Court’s decision based on a previous judgment dealing with the same acquisition and village — Appellant denied further enhancement.
Land Acquisition
Land Acquisition Act, 1894 — Section 4 and 6 — Compensation for acquired land — Challenge to compensation awarded by High Court — Supreme Court upholds High Court’s decision based on a previous judgment dealing with the same acquisition and village — Appellant denied further enhancement.
Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) — Section 23 — Applicability to in-service teachers — Sub-section (1) governs eligibility for future appointments (prospective), while the first proviso to sub-section (2) specifically addresses teachers already in service, allowing them time to acquire qualifications — The second proviso, added by the 2017 Amendment Act, further extends this window for teachers appointed or in service as of March 31, 2015 — The legislative intent is to recognize existing appointments while providing a time-bound mechanism for qualification, not to invalidate past appointments retrospectively or impose immediate disqualification
Service
Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) — Section 23 — Applicability to in-service teachers — Sub-section (1) governs eligibility for future appointments (prospective), while the first proviso to sub-section (2) specifically addresses teachers already in service, allowing them time to acquire qualifications — The second proviso, added by the 2017 Amendment Act, further extends this window for teachers appointed or in service as of March 31, 2015 — The legislative intent is to recognize existing appointments while providing a time-bound mechanism for qualification, not to invalidate past appointments retrospectively or impose immediate disqualification
Evidence Act, 1872 — Section 133 and Illustration (b) to Section 114 — Accomplice Testimony — Testimony of an approver/accomplice is not illegal merely because it is uncorroborated, but as a rule of prudence, it is unsafe to convict solely on the basis of uncorroborated testimony — Corroboration must be in material particulars and should come from independent sources.
Evidence Act
Evidence Act, 1872 — Section 133 and Illustration (b) to Section 114 — Accomplice Testimony — Testimony of an approver/accomplice is not illegal merely because it is uncorroborated, but as a rule of prudence, it is unsafe to convict solely on the basis of uncorroborated testimony — Corroboration must be in material particulars and should come from independent sources.
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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Arbitration

Arbitration Act, 1940 — Section 21 — Arbitration in suits — Mandatory requirement of court order of reference — For arbitration proceedings to be validly initiated or continued during pendency of a suit, parties must obtain an order of reference from the court under Section 21 — Failure to comply renders the award legally ineffective as a bar to the suit.

May 31, 2026 sclaw
Land Acquisition

Land Acquisition Act, 1894 — Section 4 and 6 — Compensation for acquired land — Challenge to compensation awarded by High Court — Supreme Court upholds High Court’s decision based on a previous judgment dealing with the same acquisition and village — Appellant denied further enhancement.

May 31, 2026 sclaw
Service

Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) — Section 23 — Applicability to in-service teachers — Sub-section (1) governs eligibility for future appointments (prospective), while the first proviso to sub-section (2) specifically addresses teachers already in service, allowing them time to acquire qualifications — The second proviso, added by the 2017 Amendment Act, further extends this window for teachers appointed or in service as of March 31, 2015 — The legislative intent is to recognize existing appointments while providing a time-bound mechanism for qualification, not to invalidate past appointments retrospectively or impose immediate disqualification

May 31, 2026 sclaw
Evidence Act

Evidence Act, 1872 — Section 133 and Illustration (b) to Section 114 — Accomplice Testimony — Testimony of an approver/accomplice is not illegal merely because it is uncorroborated, but as a rule of prudence, it is unsafe to convict solely on the basis of uncorroborated testimony — Corroboration must be in material particulars and should come from independent sources.

May 31, 2026 sclaw