Supreme Court of India Judgements

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Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 — Section 3(b) — Exclusion of employees appointed on academic arrangement basis from regularization — Classification held unconstitutional — Section 3(b) lacks intelligible differentia and rational nexus to the object of the Act — Denial of regularization solely based on nomenclature is impermissible under Article 14 of the Constitution where duties, tenure, and conditions of service are similar to ad hoc or contractual appointees. Adverse Possession — Claiming title by adverse possession against the State/Union Government is not permissible, irrespective of the duration of possession — Such perfection of rights is not recognized against the government. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — High Court quashed proceedings against sister-in-law on ground of general and omnibus allegations, but declined relief to father-in-law and mother-in-law (appellants) — Allegations against appellants were similarly general and omnibus, with no specific role or overt act attributed to them — Delay in lodging FIR, coupled with lack of specific allegations, suggested possibility of FIR being a counter-blast to divorce petition filed by husband — High Court erred in applying different standards to similarly situated accused — Proceedings against appellants quashed. Companies Act, 2013 — Section 66 — Reduction of Share Capital — Procedural Fairness — Minority Shareholders — Valuation of Shares — Non-disclosure of valuation report and fairness report in notice for general meeting — Held, not a “tricky notice” as statutory requirement for valuation report not mandated under Section 66 — Valuation by a related agency — Held, not a conflict of interest where internal auditor is independent and valuation agency follows accepted norms — Discount for Lack of Marketability (DLOM) — Held, applicable to illiquid shares, especially in absence of oppression — Share price fixation — Held reasonable based on market value of subsidiary, past offers, and rights issue. Specific Performance of Agreement to Sell — Trial Court decreed suit for specific performance of sale agreement — High Court set aside Trial Court’s decree — Held, Memorandum of Understanding (MoU) executed on the same day as sale agreement established that sale agreement was sham and nominal, executed as security for loan — Plaintiff’s failure to disclose MoU in plaint indicated withholding of material facts and lack of bonafides — Equitable relief of specific performance denied — Appeal dismissed.
Service

Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 — Section 3(b) — Exclusion of employees appointed on academic arrangement basis from regularization — Classification held unconstitutional — Section 3(b) lacks intelligible differentia and rational nexus to the object of the Act — Denial of regularization solely based on nomenclature is impermissible under Article 14 of the Constitution where duties, tenure, and conditions of service are similar to ad hoc or contractual appointees.

Mar 15, 2026 sclaw
Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 — Section 3(b) — Exclusion of employees appointed on academic arrangement basis from regularization — Classification held unconstitutional — Section 3(b) lacks intelligible differentia and rational nexus to the object of the Act — Denial of regularization solely based on nomenclature is impermissible under Article 14 of the Constitution where duties, tenure, and conditions of service are similar to ad hoc or contractual appointees.
Service
Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 — Section 3(b) — Exclusion of employees appointed on academic arrangement basis from regularization — Classification held unconstitutional — Section 3(b) lacks intelligible differentia and rational nexus to the object of the Act — Denial of regularization solely based on nomenclature is impermissible under Article 14 of the Constitution where duties, tenure, and conditions of service are similar to ad hoc or contractual appointees.
Adverse Possession — Claiming title by adverse possession against the State/Union Government is not permissible, irrespective of the duration of possession — Such perfection of rights is not recognized against the government.
C P C
Adverse Possession — Claiming title by adverse possession against the State/Union Government is not permissible, irrespective of the duration of possession — Such perfection of rights is not recognized against the government.
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — High Court quashed proceedings against sister-in-law on ground of general and omnibus allegations, but declined relief to father-in-law and mother-in-law (appellants) — Allegations against appellants were similarly general and omnibus, with no specific role or overt act attributed to them — Delay in lodging FIR, coupled with lack of specific allegations, suggested possibility of FIR being a counter-blast to divorce petition filed by husband — High Court erred in applying different standards to similarly situated accused — Proceedings against appellants quashed.
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — High Court quashed proceedings against sister-in-law on ground of general and omnibus allegations, but declined relief to father-in-law and mother-in-law (appellants) — Allegations against appellants were similarly general and omnibus, with no specific role or overt act attributed to them — Delay in lodging FIR, coupled with lack of specific allegations, suggested possibility of FIR being a counter-blast to divorce petition filed by husband — High Court erred in applying different standards to similarly situated accused — Proceedings against appellants quashed.
Companies Act, 2013 — Section 66 — Reduction of Share Capital — Procedural Fairness — Minority Shareholders — Valuation of Shares — Non-disclosure of valuation report and fairness report in notice for general meeting — Held, not a “tricky notice” as statutory requirement for valuation report not mandated under Section 66 — Valuation by a related agency — Held, not a conflict of interest where internal auditor is independent and valuation agency follows accepted norms — Discount for Lack of Marketability (DLOM) — Held, applicable to illiquid shares, especially in absence of oppression — Share price fixation — Held reasonable based on market value of subsidiary, past offers, and rights issue.
Companies Act Corporate
Companies Act, 2013 — Section 66 — Reduction of Share Capital — Procedural Fairness — Minority Shareholders — Valuation of Shares — Non-disclosure of valuation report and fairness report in notice for general meeting — Held, not a “tricky notice” as statutory requirement for valuation report not mandated under Section 66 — Valuation by a related agency — Held, not a conflict of interest where internal auditor is independent and valuation agency follows accepted norms — Discount for Lack of Marketability (DLOM) — Held, applicable to illiquid shares, especially in absence of oppression — Share price fixation — Held reasonable based on market value of subsidiary, past offers, and rights issue.
Consumer

Developers sell dreams to home buyers. Implicit in their representations is that the facilities which will be developed will provide convenience of living and a certain lifestyle. Developer who has breached a clear representation, is accountable to the process of law. The flat buyers are entitled to compensation for delayed handing over of possession and for the failure of the developer to fulfil the representations made to flat buyers in regard to the provision of amenities. Order of NCDRC set aside as patently erroneous. Appeal allowed.

Aug 24, 2020 sclaw

Developers sell dreams to home buyers. Implicit in their representations is that the facilities which will be developed by the developer will provide convenience of living and a certain lifestyle…

Acquittal

Criminal Law–Unlawful assembly–Common object–Mere presence in an unlawful assembly cannot render a person liable unless there was a common object and he was actuated by that common object and that object is one of those set out in Section 141–Where common object of an unlawful assembly is not proved, the accused persons cannot be convicted with the help of Section 149–|Penal Code, 1860, Section

Aug 23, 2020 sclaw

2009(3) LAW HERALD (SC) 1652 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kumar Ganguly Criminal Appeal No. 472 of…

Consumer

Consumer Law–Negligence–Meaning of–Negligence is the breach of a duty caused by omission to do something which a reasonable man guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do–Consumer Protection Act, 1986.  

Aug 23, 2020 sclaw

2009(3) LAW HERALD (SC) 1640 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice  Dalveer Bhandari The Hon’ble Mr. Justice  Harjit Singh Bedi Civil Appeal No. 6168 of…

C P C

Civil Procedure Code, 1908 – Section 96 – Leave to appeal – It is well settled that a person who is not a party to the suit may prefer an appeal with the leave of the Appellate Court and such leave should be granted if he would be prejudicially affected by the Judgment – Mere saying that the appellants are prejudicially affected by the decree is not sufficient – Appeal dismissed.

Aug 21, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH SRI V.N.KRISHNA MURTHY AND ANOTHER — Appellant Vs. SRI RAVIKUMAR AND OTHERS — Respondent ( Before : L. Nageswara Rao, Krishna Murari and…

Arbitration

Arbitration and Conciliation Act, 1996 Section 9 HELD It is clear that in case HSBC was to enforce the Foreign Final Award in India in accordance with section 48 of the 1996 Act, irreparable loss would be caused to it unless at least the principal sum were kept aside for purposes of enforcement of the award in India. Accordingly, we dismiss Civil Appeal No.5145 of 2016 filed by Avitel India and the Jain family, and allow Civil Appeal No.5158 of 2016 filed by HSBC.

Aug 20, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH AVITEL POST STUDIOZ LIMITED AND OTHERS — Appellant Vs. HSBC PI HOLDINGS (MAURITIUS) LIMITED — Respondent ( Before : R. F. Nariman and…

State Laws

Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act 1956 – Section 6(1)(viii) – Nomination – Powers of Diwan – It was not open to the State Government to arrogate the power of nomination to itself or to usurp the powers of the Diwan – Section 6(1)(viii) entrusts that authority to the collective body of members of the Diwan which is entitled to select the four individuals to be nominated to the statutory Board

Aug 20, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH SARDAR BAHGINDER SINGH S/O GURUCHARAN SINGH — Appellant Vs. SARDAR MANJIEETH SINGH JAGAN SINGH AND OTHERS — Respondent ( Before : Dr. Dhananjaya…

Constitution

Vikas Dubey Encounter Case – Allegations of bias made by petitioner against inquiry commission merely on the basis of newspaper reports – There is no other material on record to confirm the truth or otherwise of the statement made in the newspaper – Allegations liable to be rejected – Appeal Dismissed.

Aug 20, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH GHANSHYAM UPADHYAY — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : S. A. Bobde, CJI, A. S. Bopanna and…

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Service

Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 — Section 3(b) — Exclusion of employees appointed on academic arrangement basis from regularization — Classification held unconstitutional — Section 3(b) lacks intelligible differentia and rational nexus to the object of the Act — Denial of regularization solely based on nomenclature is impermissible under Article 14 of the Constitution where duties, tenure, and conditions of service are similar to ad hoc or contractual appointees.

Mar 15, 2026 sclaw
C P C

Adverse Possession — Claiming title by adverse possession against the State/Union Government is not permissible, irrespective of the duration of possession — Such perfection of rights is not recognized against the government.

Mar 15, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — High Court quashed proceedings against sister-in-law on ground of general and omnibus allegations, but declined relief to father-in-law and mother-in-law (appellants) — Allegations against appellants were similarly general and omnibus, with no specific role or overt act attributed to them — Delay in lodging FIR, coupled with lack of specific allegations, suggested possibility of FIR being a counter-blast to divorce petition filed by husband — High Court erred in applying different standards to similarly situated accused — Proceedings against appellants quashed.

Mar 15, 2026 sclaw
Companies Act Corporate

Companies Act, 2013 — Section 66 — Reduction of Share Capital — Procedural Fairness — Minority Shareholders — Valuation of Shares — Non-disclosure of valuation report and fairness report in notice for general meeting — Held, not a “tricky notice” as statutory requirement for valuation report not mandated under Section 66 — Valuation by a related agency — Held, not a conflict of interest where internal auditor is independent and valuation agency follows accepted norms — Discount for Lack of Marketability (DLOM) — Held, applicable to illiquid shares, especially in absence of oppression — Share price fixation — Held reasonable based on market value of subsidiary, past offers, and rights issue.

Mar 15, 2026 sclaw