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.
Constitution

Kerala Motor Vehicle Rules,1989 – Rule 174(2)(c) – Under Rule 174(2)(c) of Kerala Motor Vehicle Rules,1989 – discretion will have to be exercised reasonably, fairly as the facts and circumstance would clearly demonstrate – For instance, where the vehicle sought to be substituted is marginally and inconsequentially older than the vehicle covered under the permit, the Authority may perhaps be justified in permitting such an application

Feb 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH REGIONAL TRANSPORT AUTHORITY AND ANOTHER — Appellant Vs. SHAJU ETC. — Respondent ( Before : K.M. Joseph and Pamidighantam Sri Narasimha, JJ. ) Civil…

Banking

Order of High Court Granting Interim Relief – Quashing of -High Court has as such made the proceedings before the DRAT infructuous, as after the impugned judgment and order nothing further is required to be decided by the DRAT – Therefore, the High Court has exceeded in its jurisdiction by passing the impugned judgment and order

Feb 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SRS ADVERTISING & MARKETING PRIVATE LIMITED AND OTHERS — Appellant Vs. MR. KAMAL GARG AND ANOTHER — Respondent ( Before : M.R. Shah and…

Banking

Maharashtra Co-operative Societies Rules, 1961 – Rule 107(14)(i) – Setting aside of auction sale – No sale shall be set aside on the ground of material irregularity, mistake or fraud unless the Recovery Officer is satisfied that the applicant had sustained substantial injury by reason of such irregularity, mistake or fraud.

Feb 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DEENADAYAL NAGARI SAHAKARI BANK LIMITED AND ANOTHER — Appellant Vs. MUNJAJI AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Labour Cases

ESI – Doctor has clearly stated that the appellant has suffered from functional loss of 100% of the right upper limb – Commissioner for Workmen’s Compensation was right in holding that the disability of the appellant will have to be treated as 100% disability – High Court committed an error holding that the disability ought to have been assessed as 70% partial permanent disability instead of 100% – Appeal allowed.

Feb 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ARJUN S/O. RAMANNA @ RAMU — Appellant Vs. IFFCO TOKIO GENERAL INSURANCE CO. LIMITED AND ANOTHER — Respondent ( Before : Ajay Rastogi and…

I B C

Amazon vs Reliance – Resumption of NCLT Proceedings – Single Judge of the Delhi High Court, to consider all the contentions raised by both the parties in this regard and pass appropriate order as to continuation of the NCLT proceedings beyond the stage mentioned at serial no. 8 and other regulatory approvals expeditiously, uninfluenced by any observations made herein.

Feb 26, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH FUTURE COUPONS PRIVATE LIMITED AND OTHERS — Appellant Vs. AMAZON.COM NV INVESTMENT HOLDINGS LLC AND OTHERS — Respondent ( Before : N.V. Ramana, CJI,…

Matrimonial

Hindu Marriage Act, 1955 – Section 13(1)(ia) and 13(1)(ib) – Divorce on the grounds of cruelty and desertion by wife – From June 2009 wife left the matrimonial home with all her personal belongings and consistently refused to consummate the marriage, thereby causing mental agony to the husband – – From the evidence on record, an inference can be drawn that there was animus deserendi on the part of the wife

Feb 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DEBANANDA TAMULI — Appellant Vs. SMTI KAKUMONI KATAKY — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Civil Appeal No.…

Corporate

Cancellation of lease – A person who misleads the Development Authority in obtaining allotment of a plot is not entitled to any relief – HELD Cancellation of lease – A person who misleads the Development Authority in obtaining allotment of a plot is not entitled to any relief -Cancellation of lease – – Filing of a false affidavit disentitles the plaintiff for any equitable relief – any irregularity in the process of cancellation stands cured with Chief Executive Officer granting permission.

Feb 26, 2022 sclaw

RAVINDRA KUMAR SINGHVI (DEAD) THR. LRS. — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil Appeal No. 382 of 2012 Decided on : 15-02-2022 Cancellation of…

Juvenile Justice

Plea of juvenility has to be raised in a bonafide and truthful manner. If the reliance is on a document to seek juvenility which is not reliable or dubious in nature, the appellant cannot be treated to be juvenile keeping in view that the Act is a beneficial legislation – Appellant cannot be given benefit of juvenility – HELD birth certificate issued by corporation or municipal authority or a panchayat is a relevant document to prove the juvenility -Appeal dismissed.

Feb 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANOJ @ MONU @ VISHAL CHAUDHARY — Appellant Vs. STATE OF HARYANA AND ANOTHER — Respondent ( Before : Hemant Gupta and V. Ramasubramanian,…

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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