Supreme Court of India Judgements

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Expression ‘date of this Notification’ means date of publication in Official Gazette – Foreign Trade (Development and Regulation) Act, 1992 — Section 3 — Notification — Publication in Official Gazette — Essential requirement for enforceability — Delegated legislation requires publication for accessibility, notice, accountability and solemnity — Not an empty formality but transforms executive decision into law — Strict compliance with publication requirement is a condition precedent — Law must be promulgated or published in a recognisable way. (Paras 16, 17, 18, 19) Insolvency and Bankruptcy Code, 2016 — Section 60(5)(c) — Jurisdiction of Adjudicating Authority — Declaration of title to trademark — NCLT exceeded its jurisdiction by declaring title to trademark “Gloster” in favour of the Successful Resolution Applicant (SRA) while adjudicating an application under Section 60(5) of the IBC, as the issue of trademark title was a highly contentious dispute beyond the scope of insolvency proceedings and not directly related to the CIRP. 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 Corporate

Expression ‘date of this Notification’ means date of publication in Official Gazette – Foreign Trade (Development and Regulation) Act, 1992 — Section 3 — Notification — Publication in Official Gazette — Essential requirement for enforceability — Delegated legislation requires publication for accessibility, notice, accountability and solemnity — Not an empty formality but transforms executive decision into law — Strict compliance with publication requirement is a condition precedent — Law must be promulgated or published in a recognisable way. (Paras 16, 17, 18, 19)

Jan 22, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Section 60(5)(c) — Jurisdiction of Adjudicating Authority — Declaration of title to trademark — NCLT exceeded its jurisdiction by declaring title to trademark “Gloster” in favour of the Successful Resolution Applicant (SRA) while adjudicating an application under Section 60(5) of the IBC, as the issue of trademark title was a highly contentious dispute beyond the scope of insolvency proceedings and not directly related to the CIRP.

Jan 22, 2026 sclaw
Expression ‘date of this Notification’ means date of publication in Official Gazette – Foreign Trade (Development and Regulation) Act, 1992 — Section 3 — Notification — Publication in Official Gazette — Essential requirement for enforceability — Delegated legislation requires publication for accessibility, notice, accountability and solemnity — Not an empty formality but transforms executive decision into law — Strict compliance with publication requirement is a condition precedent — Law must be promulgated or published in a recognisable way. (Paras 16, 17, 18, 19)
Constitution Corporate
Expression ‘date of this Notification’ means date of publication in Official Gazette – Foreign Trade (Development and Regulation) Act, 1992 — Section 3 — Notification — Publication in Official Gazette — Essential requirement for enforceability — Delegated legislation requires publication for accessibility, notice, accountability and solemnity — Not an empty formality but transforms executive decision into law — Strict compliance with publication requirement is a condition precedent — Law must be promulgated or published in a recognisable way. (Paras 16, 17, 18, 19)
Insolvency and Bankruptcy Code, 2016 — Section 60(5)(c) — Jurisdiction of Adjudicating Authority — Declaration of title to trademark — NCLT exceeded its jurisdiction by declaring title to trademark “Gloster” in favour of the Successful Resolution Applicant (SRA) while adjudicating an application under Section 60(5) of the IBC, as the issue of trademark title was a highly contentious dispute beyond the scope of insolvency proceedings and not directly related to the CIRP.
I B C
Insolvency and Bankruptcy Code, 2016 — Section 60(5)(c) — Jurisdiction of Adjudicating Authority — Declaration of title to trademark — NCLT exceeded its jurisdiction by declaring title to trademark “Gloster” in favour of the Successful Resolution Applicant (SRA) while adjudicating an application under Section 60(5) of the IBC, as the issue of trademark title was a highly contentious dispute beyond the scope of insolvency proceedings and not directly related to the CIRP.
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.
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.
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.
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.
POSCO

(IPC) – S 302, 376A, 376(2)(i), 376(2)(m), 363 and 366 – POCSO – S 6 – Accused had not consciously caused any injury with an intent to extinguish the life of the victim, and that the offence in that case was under Clause Fourthly of Section 300 IPC, this Court had commuted the sentence of death penalty to the life imprisonment – Case could not be said to be the “rarest of rare case” – the sentence of imprisonment for a period of twenty years instead of imprisonment for the remainder of his natural life for the offence under section 376A, IPC.

Apr 21, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH MOHD. FIROZ — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Bela M. Trivedi,…

Bail Declined

Lakhimpur Kheri Violence Case – HELD (i) irrelevant considerations having impacted the impugned order granting bail; (ii) the High Court exceeding its jurisdiction by touching upon the merits of the case; (iii) denial of victims’ right to participate in the proceedings; and (iv) the tearing hurry shown by the High Court in entertaining or granting bail to the respondent/accused; can rightfully cancel the bail,

Apr 18, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH JAGJEET SINGH AND OTHERS — Appellant Vs. ASHISH MISHRA @ MONU AND ANOTHER — Respondent ( Before : N.V. Ramana, Surya Kant and Hima…

Juvenile Justice

Juvenile Justice (Care and Protection) Act, 2000 – Subsection (2) of Section 7A provided that if after holding an inquiry, the Court found the accused to be juvenile on the date of commission of the offence, the Court was under a mandate to forward the juvenile to the Juvenile Justice Board for passing appropriate orders. Subsection (2) of Section 7A further provided that in such a case, the sentence passed by Criminal Court shall be deemed to have no effect in such a case. Accused shall be forthwith set at liberty

Apr 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SANJAY PATEL AND ANOTHER — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : A.M. Khanwilkar and Abhay S. Oka, JJ.…

Service Matters
Service

Selection and appointment – Cancellation – Once having found that the respective writ petitioners-appellants herein were not having the requisite qualification as per the advertisement, namely, the Postgraduate/Bachelor degree in History, which was the requirement as per the advertisement and thereafter their candidature was canceled.

Apr 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INDRESH KUMAR MISHRA AND OTHERS — Appellant Vs. THE STATE OF JHARKHAND AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna,…

Service Matters
Service

Bihar Private Medical (Indian System of Medicine) College (Taking over) Act, 1985 – Section 6(2) – Determination of terms of the teaching staff and other employees of the College – HELD State Government made its intention clear that as the decision has been taken to absorb the employee/teacher of the private Ayurvedic college as on 01st June, 1986,

Apr 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARISH CHANDRA SHRIVASTAVA — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ.…

Domestic Violence

Section 12 of the Protection of Women from Domestic Violence Act, 2005 – Bar to taking cognizance after lapse of the period of limitation — HELD by the time an application is preferred u/S 12 of the Act, there is no offence committed in terms of the provisions of the Act and as such there would never be a starting point for limitation from the date of application under Section 12 of the Act – Such a starting point for limitation would arise only and only after there is a breach of an order passed under Section 12 of the Act

Apr 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KAMATCHI — Appellant Vs. LAKSHMI NARAYANAN — Respondent ( Before : Uday Umesh Lalit and Pamidighantam Sri Narasimha, JJ. ) Criminal Appeal No. 627…

Education

Constitution of India, 1950 – Article 19(1)(g) – Right to establish an educational institution can be regulated – HELD Fixing of a rigid fee structure, dictating the formation and composition of a governing body, compulsory nomination of teachers and staff for appointment or nominating students for admissions would be unacceptable restrictions.

Apr 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DENTAL COUNCIL OF INDIA — Appellant Vs. BIYANI SHIKSHAN SAMITI AND ANOTHER — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…

Constitution

Writ by victims of fire tragedy – claimed the lives of 65 persons and left 161 or more with burn injuries. -Held that where the plaintiff can prove the accident but cannot prove how it happened to establish negligence on the part of the defendant, such hardship is sought to be avoided by applying the principle of res ipsa loquitor.

Apr 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SANJAY GUPTA AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH THROUGH ITS CHIEF SECRETARY AND OTHERS — Respondent ( Before : Hemant Gupta…

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Constitution Corporate

Expression ‘date of this Notification’ means date of publication in Official Gazette – Foreign Trade (Development and Regulation) Act, 1992 — Section 3 — Notification — Publication in Official Gazette — Essential requirement for enforceability — Delegated legislation requires publication for accessibility, notice, accountability and solemnity — Not an empty formality but transforms executive decision into law — Strict compliance with publication requirement is a condition precedent — Law must be promulgated or published in a recognisable way. (Paras 16, 17, 18, 19)

Jan 22, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Section 60(5)(c) — Jurisdiction of Adjudicating Authority — Declaration of title to trademark — NCLT exceeded its jurisdiction by declaring title to trademark “Gloster” in favour of the Successful Resolution Applicant (SRA) while adjudicating an application under Section 60(5) of the IBC, as the issue of trademark title was a highly contentious dispute beyond the scope of insolvency proceedings and not directly related to the CIRP.

Jan 22, 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