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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.
Bail Declined

Criminal Procedure Code, 1973 (CrPC) – Section 438 – Anticipatory bail – Cancellation of – Murder – Order granting anticipatory bail has ignored material aspects, including the nature and gravity of the offence, and the specific allegations – Hence, a sufficient case has been made out for cancelling the anticipatory bail granted by the High Court – Impugned judgments of High Court granting anticipatory bail to second respondents in these appeals – are set aside – Appeals allowed.

Oct 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRASHANT SINGH RAJPUT — Appellant Vs. THE STATE OF MADHYA PRADESH AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and B.V.…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 223 and 223(a) – Penal Code, 1860 (IPC) – Sections 34, 217, 218, 120B, 306, 328, 363A, 366 and 376 – Non-joinder of trials – Joint trial – Re-trial – Miscarriage of justice- A conviction or acquittal of the accused cannot be set aside on the mere ground that there was a possibility of a joint or a separate trial. To set aside the order of conviction or acquittal, it must be proved that the rights of the parties were prejudiced because of the joint or separate trial, as the case may be. Appeal allowed.

Oct 11, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH NASIB SINGH — Appellant Vs. THE STATE OF PUNJAB AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Vikram Nath and B.V.…

Cheque Dishonour

Dishonour of cheque – Quashing of complaint – Mere fact that a suit is pending before the High Court challenging the validity of the compromise deed would furnish no cogent basis to quash the proceedings under Section 138 – Once the ingredients of Section 138 of the NI Act are fulfilled, the statute clearly stipulates that “such person shall be deemed to have committed an offence” -Question as to whether the liability exists or not is clearly a matter of trial . serious error ofSingle Judge in allowing the petition under Section 482 to quash

Oct 11, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S GIMPEX PRIVATE LIMITED — Appellant Vs. MANOJ GOEL — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Vikram Nath and B.V. Nagarathna, JJ.…

Service Matters
Service

Service Law – Selection – HELD determining the legality of the selection list and perusing the entire selection list to determine whether the selection of the appellant was arbitrary was erroneous as the Division Bench transgressed the limits of challenge in the writ petition – Impugned judgment and order of High Court set aside – Appeal allowed.

Oct 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SRI SRINIVAS K GOUDA — Appellant Vs. KARNATAKA INSTITUTE OF MEDICAL SCIENCES AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and…

I P C

Penal Code, 1860 (IPC) – Ss 363, 366, 376, 376D and 506 – Protection of Children from Sexual Offences Act, 2012 – Ss 3 and 4 – Kidnapping and gang rape – insofar as the incident of rape attributed to the appellant it does not disclose that all the accused had committed rape on her or had the common intention and aided the commission – Charge of gang rape has not been established with convincing evidence – Appellant is liable to be convicted under Section 376 IPC and not under Section 376D IPC, the appropriate sentence to be imposed needs consideration.

Oct 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANOJ MISHRA @ CHHOTKAU — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. )…

Arbitration

Language used in Section 19 of the MSME Act, 2006 and the object and purpose of providing deposit of 75% of the awarded amount as a pre-deposit while preferring the application/appeal for setting aside the award, it has to be held that the requirement of deposit of 75% of the awarded amount as a pre-deposit is mandatory.

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GUJARAT STATE DISASTER MANAGEMENT AUTHORITY — Appellant Vs. M/S ASKA EQUIPMENTS LIMITED — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. )…

Cheque Dishonour

(NI) – Section 138 – Dishonour of cheque – Appellants are the Directors of the Company and they are incharge – Indisputedly, on the presentation of the cheque of Rs.10,00,000/­ (Rupees Ten Lakhs only) dated 2nd June 2012, the cheque was dishonoured due to “funds insufficient” in the account and after making due compliance, complaint was filed and after recording the statement of the complainant, proceedings were initiated by the learned Magistrate and no error has been committed by the High Court in dismissing the petition filed under Section 482 CrPC under the impugned judgment.

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ASHUTOSH ASHOK PARASRAMPURIYA AND ANOTHER — Appellant Vs. M/S. GHARRKUL INDUSTRIES PRIVATE LIMITED AND OTHERS — Respondent ( Before : Ajay Rastogi and Abhay…

Limitation

Second Appeal – Specific performance of the contract – Non service of notice due to change of address – While dealing with the issue of condonation of delay in respect of matters pending at the appellate stage, has clearly observed that advocates usually inform the litigants who are to be in contact. Sometimes, they assure their clients that will give information to them as and when matter would be ripe for hearing – High Court erred in dismissing the second appeal solely on the ground of limitation.

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. YASHWANTRAO BHASKARRAO DESHMUKH — Appellant Vs. RAGHUNATH KISAN SAINDANE — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. ) Civil Appeal…

Corruption

Preliminary Enquiry by CBI – Institution of a Preliminary Enquiry in cases of corruption is not made mandatory before the registration of an FIR under the CrPC, PC Act or even the CBI Manual, for this Court to issue a direction to that affect will be tantamount to stepping into the legislative domain – In case the information received by the CBI, through a complaint or a “source information” under Chapter 8, discloses the commission of a cognizable offence, it can directly register a Regular Case

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH CENTRAL BUREAU OF INVESTIGATION (CBI) AND ANOTHER — Appellant Vs. THOMMANDRU HANNAH VIJAYALAKSHMI @ T. H. VIJAYALAKSHMI AND ANOTHER — Respondent ( Before :…

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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