Latest Post

Constitution of India, 1950 — Article 226 — Writ jurisdiction — Maintainability — Inclusion of advocate’s name in IBA “Caution List” — High Court dismissing writ petition on ground that Indian Banks’ Association (IBA) is not “State” under Art. 12 — Held, focus of maintainability has shifted from formal character of respondent body to nature of function performed and effect of impugned action on legally protected rights — Caution List operates as sector-wide adverse accreditation mechanism with public law element, having direct bearing on advocate’s right to practise profession under Art. 19(1)(g) — Writ petition against IBA held maintainable notwithstanding IBA not being “State” — Kishor S. Bhat v. Indian Banks’ Association, 2018 SCC OnLine Bom 2857, distinguished — Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust v. V.R. Rudani, (1989) 2 SCC 691; Zee Telefilms Ltd. v. Union of India, (2005) 4 SCC 649; S. Shobha v. Muthoot Finance Ltd., 2025 SCC OnLine SC 177, relied on. Civil Procedure Code, 1908 (CPC) — Section 100 — Second appeal — Scope of interference with concurrent findings on genuineness of a Will — Whether suspicious circumstances surrounding execution of a Will exist, and stand explained, is essentially a question of fact; a second appellate court cannot re-appreciate evidence and substitute its own view merely because another view is possible — Interference is permissible only where the finding is perverse, based on circumstances that are mere “figments of a doubting mind,” or is vitiated by an erroneous placement of onus — High Court exceeded its jurisdiction under S. 100 CPC in reversing well-reasoned concurrent findings of the Trial Court and First Appellate Court discarding the Will. Criminal Procedure Code, 1973 — Sections 209, 244 — Commitment of case exclusively triable by Court of Session — Whether Magistrate is required to record prosecution evidence under Section 244 CrPC before committing such a case, where the complaint is one instituted otherwise than on a police report — Held, no — Section 244 CrPC, which mandates the Magistrate to hear the prosecution and take evidence, occurs in Chapter XIX (Part B — “Cases instituted otherwise than on a police report”) and governs warrant-case trials before a Magistrate; it has no application where the offence (here, under Section 302 IPC) is exclusively triable by the Court of Session, which is governed instead by Section 209 CrPC — Under the scheme of the 1973 Code (unlike the erstwhile 1898 Code, which mandated a full committal inquiry with recording of evidence under Section 207-A), the Magistrate’s role at the pre-commitment stage is confined to ascertaining whether the offence is exclusively triable by the Sessions Court, and no evidence need be taken or evaluated by the Magistrate at that stage — Requiring witnesses to depose twice, once before the Magistrate and again before the Sessions Court, would serve no purpose and is not the mandate of law — High Court’s contrary view, requiring compliance with Section 244 CrPC even in a Sessions-triable case, proceeds on an erroneous reading of law and is unsustainable. Motor Vehicles Act, 1988 — Sections166, 168 — Compensation — Assessment of annual income of a self-employed deceased (wholesale grocery business) — Two ITRs filed after the death of the deceased excluded by the High Court altogether from the assessment of income — Held, following the principles in Rashmirekha Tripathy and Anr. v. The Branch Manager (Legal Claims), Sriram General Insurance Company Limited and Ors. [C.A. @ SLP(C) No.27220 of 2024, 2026 INSC 661], ITRs filed post-death call for closer scrutiny with reference to surrounding financial statements, since income may be inflated in such returns, but such returns are not to be excluded outright merely for being filed post-death — In the absence of the benefit of such surrounding financial statements on record, and it being inexpedient at this stage to remand the matter, annual income fixed with reference to the nature of the deceased’s wholesale grocery business at Rs.3,25,000 — Compensation recomputed applying 40% addition for future prospects (age 28 years), 1/4th deduction for personal expenses, and a multiplier of 17, together with conventional heads (loss of estate, funeral expenses, consortium) — Total compensation enhanced to Rs.60,79,550 (as against Rs.15,36,560 awarded by the Tribunal and Rs.38,40,850 awarded by the High Court), with interest as awarded by the Tribunal — Appeal allowed. Motor Vehicles Act, 1988 — Sections 166, 168 — Compensation — Assessment of annual income of a self-employed deceased (Insurance Agent) from Income Tax Returns — High Court had averaged the last four ITRs on record — Held, erroneous — Following the principles laid down in Rashmirekha Tripathy and Anr. v. The Branch Manager (Legal Claims), Sriram General Insurance Company Limited and Ors. [C.A. @ SLP(C) No.27220 of 2024, 2026 INSC 661], for a self-employed person the average of up to the previous three years’ ITRs, not four, is the appropriate reference point — A performance-linked spike in the income of an Insurance Agent in a particular year does not justify reaching back to an additional, earlier ITR to dilute that spike — On the facts, taking the average of the income for AY 2015-16 (Rs.4,03,180), AY 2016-17 (Rs.9,59,665) and AY 2017-18 (Rs.7,00,559), annual income assessed at Rs.6,87,802 — Compensation recomputed applying 25% addition for future prospects (age 49 years), 1/4th deduction for personal expenses, and a multiplier of 13, together with conventional heads (loss of estate, funeral expenses, consortium) — Total compensation enhanced to Rs.87,09,282 (as against Rs.49,77,000 awarded by the Tribunal and Rs.76,09,500 awarded by the High Court), with interest as awarded by the Tribunal — Appeal allowed.

Constitution of India, 1950 — Article 226 — Writ jurisdiction — Maintainability — Inclusion of advocate’s name in IBA “Caution List” — High Court dismissing writ petition on ground that Indian Banks’ Association (IBA) is not “State” under Art. 12 — Held, focus of maintainability has shifted from formal character of respondent body to nature of function performed and effect of impugned action on legally protected rights — Caution List operates as sector-wide adverse accreditation mechanism with public law element, having direct bearing on advocate’s right to practise profession under Art. 19(1)(g) — Writ petition against IBA held maintainable notwithstanding IBA not being “State” — Kishor S. Bhat v. Indian Banks’ Association, 2018 SCC OnLine Bom 2857, distinguished — Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust v. V.R. Rudani, (1989) 2 SCC 691; Zee Telefilms Ltd. v. Union of India, (2005) 4 SCC 649; S. Shobha v. Muthoot Finance Ltd., 2025 SCC OnLine SC 177, relied on.

Civil Procedure Code, 1908 (CPC) — Section 100 — Second appeal — Scope of interference with concurrent findings on genuineness of a Will — Whether suspicious circumstances surrounding execution of a Will exist, and stand explained, is essentially a question of fact; a second appellate court cannot re-appreciate evidence and substitute its own view merely because another view is possible — Interference is permissible only where the finding is perverse, based on circumstances that are mere “figments of a doubting mind,” or is vitiated by an erroneous placement of onus — High Court exceeded its jurisdiction under S. 100 CPC in reversing well-reasoned concurrent findings of the Trial Court and First Appellate Court discarding the Will.

Evidence Act, 1872 — Section 8 — Conduct of accused leading to discovery of facts — Even if statements leading to discovery are not admissible under Section 27 due to lack of custody, they can be admitted under Section 8 as conduct, serving as a link in the chain of evidence, but cannot alone result in conviction.

2026 INSC 162 SUPREME COURT OF INDIA DIVISION BENCH ROHIT JANGDE Vs. THE STATE OF CHHATTISGARH ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. ) Criminal Appeal No.689…

Penal Code, 1860 (IPC) — Sections 406, 419, 420, 467, 468, 471, 506 — Cheating, Criminal Breach of Trust, Forgery — Bail — High Court order granting bail to accused set aside — Accused is a habitual offender with multiple aliases, fake IDs, and a history of absconding and non-cooperation with trial — Bail was granted on parity with co-accused, but this principle was misapplied without considering the accused’s individual conduct and criminal antecedents — Grant of bail poses a risk to society — Trial to be expedited.

2026 INSC 161 SUPREME COURT OF INDIA DIVISION BENCH RAKESH MITTAL Vs. AJAY PAL GUPTA @ SONU CHAUDHARY AND ANOTHER ( Before : Sanjay Kumar and K. Vinod Chandran, JJ.…

Societies Registration Act, 1860 — Societies formed for charitable purposes — Members of government service entitled to housing facilities through transparent allotment — The society, HEWO, formed for welfare of HUDA employees, not subject to Article 12 of the Constitution, but must adhere to principles of fairness and transparency in allotments as it enjoys privilege of land allotted by government.

2026 INSC 163 SUPREME COURT OF INDIA DIVISION BENCH DINESH KUMAR Vs. THE STATE OF HARYANA AND OTHERS ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. ) Civil…

Penal Code, 1860 (IPC) — Sections 307, 326, 324 — Conviction for causing life-threatening injuries — High Court reducing sentence to period already undergone and enhancing fine — Supreme Court held High Court acted in defiance of law and created a travesty of established criminal jurisprudence by relying on irrelevant factors like time elapsed and death of victim by other persons, without proper reasoning — Such reduction undermines the deterrent effect of punishment and erodes public confidence in the justice system.

2026 INSC 164 SUPREME COURT OF INDIA DIVISION BENCH PARAMESHWARI Vs. THE STATE OF TAMIL NADU AND OTHERS ( Before : Rajesh Bindal and Vijay Bishnoi, JJ. ) Criminal Appeal…

Insolvency and Bankruptcy Code, 2016 — Section 7 — Admission of application for Corporate Insolvency Resolution Process (CIRP) — Rejection of settlement proposal — Court must ascertain existence of default in financial debt when a financial creditor triggers insolvency under Section 7 — No scope for inquiry into disputes regarding existence of debt or inability to pay at admission stage — Rejects arguments based on financial viability and settlement proposals.

2026 INSC 166 SUPREME COURT OF INDIA FULL BENCH POWER TRUST (PROMOTER OF HIRANMAYE ENERGY LTD.) Vs. BHUVAN MADAN (INTERIM RESOLUTION PROFESSIONAL OF HIRANMAYE ENERGY LTD.) AND OTHERS ( Before…

Drugs and Cosmetics Act, 1940 — Section 32(2) and 36-A — Trial of offences — Section 32(2) mandates that no court inferior to the Court of Session shall try an offence punishable under Chapter IV — Section 36-A provides for summary trial by Judicial Magistrate First Class for offences not exceeding three years, but specifically excludes offences triable by Special Court or Court of Sessions — Therefore, Section 36-A is not applicable to offences triable by Court of Session, and commitment of case to Sessions Court by JMFC is not illegal.

2026 INSC 171 SUPREME COURT OF INDIA DIVISION BENCH M/S SBS BIOTECH AND OTHERS Vs. STATE OF HIMACHAL PRADESH ( Before : Prashant Kumar Mishra and Vipul M. Pancholi, JJ.…

Contract Law — Joint Development Agreement (JDA) and General Power of Attorney (GPA) — Interpretation — The JDA and GPA clearly indicate that the developer is authorized to enter sale agreements, construct, receive consideration, and transfer possession and title for flats within the developer’s share — The JDA also contains indemnity clauses where the developer indemnifies the landowners against any liabilities arising from construction and sale agreements, and landowners indemnify the developer against title defects or delays caused by landowners — The court interpreted these clauses to mean that while landowners are responsible for ensuring title transfer, the actual construction and timely delivery of flats within the developer’s share is the developer’s sole responsibility

SUPREME COURT OF INDIA DIVISION BENCH SRIGANESH CHANDRASEKARAN AND OTHERS Vs. M/S UNISHIRE HOMES LLP AND OTHERS ( Before : Pamidighantam Sri Narasimha and Alok Aradhe, JJ. ) Civil Appeal…

Criminal Procedure Code, 1973 — Evidence Act, 1872 — Section 27 — Admissibility of information received from accused in custody leading to discovery of fact — Recovery of dead body and Scooty at the instance of the accused, based on memorandum statement, considered a distinct fact and sufficient to prove guilt when connected to other circumstances.

2026 INSC 173 SUPREME COURT OF INDIA DIVISION BENCH NEELU @ NILESH KOSHTI Vs. THE STATE OF MADHYA PRADESH ( Before : Prashant Kumar Mishra and Vipul M. Pancholi, JJ.…

You missed