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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.
Acquittal

(CrPC) – Section 378 – Appeal in case of acquittal – – An Appellate Court shall not expect the trial court to act in a particular way depending upon the sensitivity of the case – Rather it should be appreciated if a trial court decides a case on its own merit despite its sensitivity – District judiciary is expected to be the foundational court, and therefore, should have the freedom of mind to decide a case on its own merit

Dec 16, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOHAN @SRINIVAS @ SEENA @TAILOR SEENA — Appellant Vs. THE STATE OF KARNATAKA — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh,…

Election Laws

Representation of People Act, 1951 – Sections 81, 83 and 86 – Conduct of Election Rules, 1962 – Section 94A – Dismissal of election petition – Appeal against – Non-submission of Form 25 would not lead to the dismissal of election petition – This was a curable defect and the learned Judge trying the election petition ought to have granted an opportunity to the appellant to file an affidavit in support of the petition in Form 25 in addition to the already existing affidavit filed with the election petition – Non-submission of Form 25 would not lead to the dismissal of the election petition – Appeal allowed.

Dec 16, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH A. MANJU — Appellant Vs. PRAJWAL REVANNA @ PRAJWAL R AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ.…

Service Matters
Service

Prosecution has failed to prove the charges under Sections 409, 420 and 477A IPC against the Appellant beyond reasonable doubt. As a necessary corollary thereto, his conviction under Section 13(2) read with Section 13(1)(d) of the PC Act can also not be sustained HELD standard of proof to establish a misconduct in a domestic enquiry i.e. even preponderance of evidence, is drastically different to those of proving a ‘criminal charge’ beyond any reasonable doubt Therefore not entitle him to initiate a second round of lis to seek his reinstatement or to claim other service benefits from the Bank.

Dec 16, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH N. RAGHAVENDER — Appellant Vs. STATE OF ANDHRA PRADESH, CBI — Respondent ( Before : N.V. Ramana, CJI, Surya Kant and Hima Kohli, JJ.…

Acquittal

(IPC) – Section 477A – Falsification of accounts – the prosecution must, therefore, prove—(a) that the accused destroyed, altered, mutilated or falsified the books, electronic records, papers, writing, valuable security or account in question; (b) the accused did so in his capacity as a clerk, officer or servant of the employer; (c) the books, papers, etc. belong to or are in possession of his employer or had been received by him for or on behalf of his employer; (d) the accused did it wilfully and with intent to defraud.

Dec 16, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH  N. RAGHAVENDER — Appellant Vs. STATE OF ANDHRA PRADESH, CBI — Respondent ( Before : N.V. Ramana, CJI, Surya Kant and Hima Kohli, JJ.…

Acquittal

(IPC) – S 420 – Cheating & dishonestly inducing delivery of property – the mere breach of contract cannot give rise to criminal prosecution under Section 420 unless fraudulent or dishonest intention is shown right at the beginning of the transaction. It is equally important that for the purpose of holding a person guilty under Section 420, the evidence adduced must establish beyond reasonable doubt, mens rea on his part.

Dec 16, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH  N. RAGHAVENDER — Appellant Vs. STATE OF ANDHRA PRADESH, CBI — Respondent ( Before : N.V. Ramana, CJI, Surya Kant and Hima Kohli, JJ.…

Acquittal

(IPC) – Section 409 – Criminal breach of trust by public servant, or by banker, merchant or agent -‘criminal breach of trust’ is defined under Section 405 IPC which provides, inter alia, that whoever being in any manner entrusted with property or with any dominion over a property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property contrary to law, or in violation of any law prescribing the mode in which such trust is to be discharged, or contravenes any legal contract, express or implied, etc. shall be held to have committed criminal breach of trust

Dec 16, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH N. RAGHAVENDER — Appellant Vs. STATE OF ANDHRA PRADESH, CBI — Respondent ( Before : N.V. Ramana, CJI, Surya Kant and Hima Kohli, JJ.…

Evidence Act

Evidence Act, 1872 – Sections 45 and 47 and 67 – Proof of signature and handwriting of person alleged to have signed or written document produced – Under Section 67, if a document is alleged to be signed by any person, the signature of the said person must be proved to be in his handwriting, and for proving such a handwriting under Sections 45 and 47 of the Act the opinions of experts and of persons acquainted with the handwriting of the person concerned are made relevant.

Dec 14, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MURTHY AND OTHERS — Appellant Vs. C. SARADAMBAL AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.V. Nagarathna, JJ. ) Civil…

Narcotics

(NDPS) – Sections 8, 21 and 50 – Recovery of smack from motorcycle – Substance weighed 900gms – No incriminating substance was recovered during the personal search – Argument of non­compliance of Section 50 of NDPS Act – In the case of personal search only, the provisions of Section 50 of the Act is required to be complied with but not in the case of vehicle

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KALLU KHAN — Appellant Vs. STATE OF RAJASTHAN — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ.Z ) Criminal Appeal No. 1605…

Bail Declined

Though at the stage of granting bail a detailed examination of evidence and elaborate documentation of the merit of the case need not be undertaken, there is a need to indicate in such orders reasons for prima facie concluding why bail was being granted particularly where the accused is charged of having committed a serious offence. Any order devoid of such reasons would suffer from non-application of mind – not a fit case for grant bail.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH LAXMAN PRASAD PANDEY — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A.S.…

Corruption

(CrPC) – S 482 – (IPC) – Ss 420 and 120B – P C Act, 1988 – Section 13(2) read with Section 13(1)(d) – Allegations of corruption while allotting 10 plots arbitrarily to their family members by hatching the criminal conspiracy by public servant – powers under Section 482 Cr.P.C. is very wide, but conferment of wide power requires the court to be more cautious. It casts an onerous and more diligent duty on the Court – While quashing the criminal proceedings the High Court has not at all adverted to itself the aspects and has embarked upon an enquiry as to the reliability and genuineness of the evidence collected during the investigation as if the High Court was conducting the mini-trial – Impugned order passed by the High Court quashing the criminal proceedings against the respondents is unsustainable – Appeal allowed.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF ODISHA — Appellant Vs. PRATIMA MOHANTY ETC. — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal Nos.…

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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