Supreme Court of India Judgements

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Land Acquisition and Development — Public Purpose De-reservation — Subject land originally earmarked for High School was de-reserved by competent authority due to insufficient area; subsequent sale to private individuals was upheld by civil courts and its finality was not challenged. Contempt of Courts Act, 1971 — Sections 2(c), 19 — Criminal Contempt — Scandalising the court — An advocate’s public allegations against a sitting judge, made via a press conference and repeated in court applications, can constitute criminal contempt by scandalising the court, lowering its authority, and interfering with judicial proceedings — Such conduct is unbecoming of a legal professional and undermines public confidence in the judiciary. Recruitment Rules and Advertisement — Essential Qualifications — Work Experience — In absence of a specific rule or advertisement provision, a recruiting agency cannot relax essential eligibility criteria by treating a higher qualification as a replacement for a mandatory essential qualification — A preference for a higher qualification operates only for eligible and meritorious candidates and does not override or supplant the primary requirement of essential eligibility. Industrial Disputes Act, 1947 — Section 10 — Relief of back wages and regularisation — Employee illegally terminated, ordered reinstatement with back wages by Labour Commissioner and Industrial Court — Employer challenged, but interim order for back wages deposit was made and employee reinstated as daily wager — Employee sought regularisation after completing 180 days of service, granted by Industrial Court from the date of 180 days completion as per settlement clause — Employer failed to comply timely, only regularising employee on a sanctioned post after many years, imposing new conditions contrary to prior orders — Supreme Court held that employer cannot impose new conditions limiting regularisation contrary to earlier unchallenged orders and settlement terms, and reversed High Court’s decision setting aside back wages order. Arbitration and Conciliation Act, 1996 — Section 34 — Challenge to Arbitral Award — Legal Representatives — The Arbitration Act is a complete code for dispute resolution — Legal representatives of a deceased party are entitled to challenge an arbitral award under Section 34 of the Act, as the Act envisions continuity of proceedings after a party’s death and makes awards enforceable by or against legal representatives — Denying this right would render legal representatives remediless while making them liable to fulfill the award, contradicting the Act’s purpose.
Land Acquisition and Development — Public Purpose De-reservation — Subject land originally earmarked for High School was de-reserved by competent authority due to insufficient area; subsequent sale to private individuals was upheld by civil courts and its finality was not challenged.
Land Acquisition
Land Acquisition and Development — Public Purpose De-reservation — Subject land originally earmarked for High School was de-reserved by competent authority due to insufficient area; subsequent sale to private individuals was upheld by civil courts and its finality was not challenged.
Contempt of Courts Act, 1971 — Sections 2(c), 19 — Criminal Contempt — Scandalising the court — An advocate’s public allegations against a sitting judge, made via a press conference and repeated in court applications, can constitute criminal contempt by scandalising the court, lowering its authority, and interfering with judicial proceedings — Such conduct is unbecoming of a legal professional and undermines public confidence in the judiciary.
Contempt
Contempt of Courts Act, 1971 — Sections 2(c), 19 — Criminal Contempt — Scandalising the court — An advocate’s public allegations against a sitting judge, made via a press conference and repeated in court applications, can constitute criminal contempt by scandalising the court, lowering its authority, and interfering with judicial proceedings — Such conduct is unbecoming of a legal professional and undermines public confidence in the judiciary.
Recruitment Rules and Advertisement — Essential Qualifications — Work Experience — In absence of a specific rule or advertisement provision, a recruiting agency cannot relax essential eligibility criteria by treating a higher qualification as a replacement for a mandatory essential qualification — A preference for a higher qualification operates only for eligible and meritorious candidates and does not override or supplant the primary requirement of essential eligibility.
Service
Recruitment Rules and Advertisement — Essential Qualifications — Work Experience — In absence of a specific rule or advertisement provision, a recruiting agency cannot relax essential eligibility criteria by treating a higher qualification as a replacement for a mandatory essential qualification — A preference for a higher qualification operates only for eligible and meritorious candidates and does not override or supplant the primary requirement of essential eligibility.
Industrial Disputes Act, 1947 — Section 10 — Relief of back wages and regularisation — Employee illegally terminated, ordered reinstatement with back wages by Labour Commissioner and Industrial Court — Employer challenged, but interim order for back wages deposit was made and employee reinstated as daily wager — Employee sought regularisation after completing 180 days of service, granted by Industrial Court from the date of 180 days completion as per settlement clause — Employer failed to comply timely, only regularising employee on a sanctioned post after many years, imposing new conditions contrary to prior orders — Supreme Court held that employer cannot impose new conditions limiting regularisation contrary to earlier unchallenged orders and settlement terms, and reversed High Court’s decision setting aside back wages order.
Labour Cases
Industrial Disputes Act, 1947 — Section 10 — Relief of back wages and regularisation — Employee illegally terminated, ordered reinstatement with back wages by Labour Commissioner and Industrial Court — Employer challenged, but interim order for back wages deposit was made and employee reinstated as daily wager — Employee sought regularisation after completing 180 days of service, granted by Industrial Court from the date of 180 days completion as per settlement clause — Employer failed to comply timely, only regularising employee on a sanctioned post after many years, imposing new conditions contrary to prior orders — Supreme Court held that employer cannot impose new conditions limiting regularisation contrary to earlier unchallenged orders and settlement terms, and reversed High Court’s decision setting aside back wages order.
Environment

Non-Supply of fuel to vehicles without PUC Certificate – Appeal against – Tribunal had no power and/or authority and/or jurisdiction to pass orders directing the Appellant State Government to issue orders, instructions or directions on dealers, outlets and petrol pumps not to supply fuel to vehicles without PUC Certificate – Appeal allowed.

Aug 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH STATE OF MADHYA PRADESH — Appellant Vs. CENTRE FOR ENVIRONMENT PROTECTION RESEARCH AND DEVELOPMENT AND OTHERS — Respondent ( Before : Arun Mishra…

Corporate

Insolvency and Bankruptcy Code, 2016 – Section 7 – A personal Loan to a Promoter or a Director of a company cannot trigger the Corporate Resolution Process under the IBC. Disputes as to whether the signatures of the Respondents are forged or whether records have been fabricated can be adjudicated upon evidence including forensic evidence in a regular suit and not in proceedings under Section 7 of the IBC.

Aug 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH M/S RADHA EXPORTS (INDIA) PVT. LIMITED. — Appellant Vs. K.P. JAYARAM AND ANOTHER — Respondent ( Before : Arun Mishra and Indira Banerjee,…

Property Matters

Decree of possession – A decree of possession does not automatically follow a decree of declaration of title and ownership over property – It is well settled that, where a Plaintiff wants to establish that the Defendant’s original possession was permissive, it is for the Plaintiff to prove this allegation and if he fails to do so, it may be presumed that possession was adverse, unless there is evidence to the contrary.

Aug 28, 2020 sclaw

 “A decree of possession does not automatically follow a decree of declaration of title and ownership over property. “   SUPREME COURT OF INDIA DIVISION BENCH NAZIR MOHAMED — Appellant…

Constitution

Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006 – Section 4(5) – Constitution of India, 1950 – Articles 14, 15, 16, 338, 341, 342, and 342A – Permissibility of Sub-Classification within Scheduled Castes or Scheduled Tribes Reservation – State Government has the power to make reservation and make such sub – classification and that would not amount to tinkering with lists. Matter referred to larger bench.

Aug 27, 2020 sclaw

  SUPREME COURT OF INDIA CONSTITUTION BENCH THE STATE OF PUNJAB AND OTHERS — Appellant Vs. DAVINDER SINGH AND OTHERS — Respondent ( Before : Arun Mishra, Indira Banerjee, Vineet…

Property Matters

Pleas Of Title And Adverse Possession Cannot Be Advanced Simultaneously HELD  The possession has to be in public and to the knowledge of the true owner as adverse, and this is necessary as a plea of adverse possession seeks to defeat the rights of the true owner.And From The Same Date HELD

Aug 27, 2020 sclaw

The Supreme Court has observed that plea of title and adverse possession cannot be advanced simultaneously and from the same date.  “We fail to appreciate how, on the one hand…

Corporate

Foreign Trade (Development and Regulation) Act, 1992 – Sections 3(2) and 9A – Imposition of quantitative restrictions – Central Government has no right and power to impose ‘quantitative restrictions’ except under Section 9A of the FTDR Act – Section 9A of the FTDR Act does not elide or negate the power of the Central Government to impose restrictions on imports under sub-section (2) to Section 3 of the FTDR Act.

Aug 26, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA AND OTHERS — Appellant Vs. AGRICAS LLP AND OTHERS ETC. — Respondent ( Before : A.M. Khanwilkar, Dinesh Maheshwari and…

I P C

(IPC) – Ss 147, 323, 325 read with 149 – Voluntarily Causing hurt – Reduction in sentence – Sudden incident for plucking the Jamun (fruit) and there was no intention to cause the injuries – Conviction confirmed – Sentence imposed Trial Court and High Court modified and reduced to the period already undergone

Aug 26, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH KARTHICK AND OTHERS — Appellant HASH THE STATE REPRESENTED BY INSPECTOR OF POLICE, KANCHEEPURAM DISTRICT, TAMIL NADU — Respondent ( Before : R.…

Direct Taxation

Income Tax Act, 1961 – Section 45 – Capital gain – Assessment year 1975-1976 – Capital gains arising out of land acquisition compensation were chargeable to income-tax under Section 45 of the Act of 1961 for the previous year referable to the date of award of compensation i.e., 29.09.1970 and not the date of notification for acquisition.

Aug 25, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH RAJ PAL SINGH — Appellant Vs. COMMISSIONER OF INCOME-TAX, HARYANA, ROHTAK — Respondent ( Before : A.M.Khanwilkar, Hemant Gupta and Dinesh Maheshwari, JJ.…

You missed

Land Acquisition

Land Acquisition and Development — Public Purpose De-reservation — Subject land originally earmarked for High School was de-reserved by competent authority due to insufficient area; subsequent sale to private individuals was upheld by civil courts and its finality was not challenged.

Apr 25, 2026 sclaw
Contempt

Contempt of Courts Act, 1971 — Sections 2(c), 19 — Criminal Contempt — Scandalising the court — An advocate’s public allegations against a sitting judge, made via a press conference and repeated in court applications, can constitute criminal contempt by scandalising the court, lowering its authority, and interfering with judicial proceedings — Such conduct is unbecoming of a legal professional and undermines public confidence in the judiciary.

Apr 25, 2026 sclaw
Service

Recruitment Rules and Advertisement — Essential Qualifications — Work Experience — In absence of a specific rule or advertisement provision, a recruiting agency cannot relax essential eligibility criteria by treating a higher qualification as a replacement for a mandatory essential qualification — A preference for a higher qualification operates only for eligible and meritorious candidates and does not override or supplant the primary requirement of essential eligibility.

Apr 25, 2026 sclaw
Labour Cases

Industrial Disputes Act, 1947 — Section 10 — Relief of back wages and regularisation — Employee illegally terminated, ordered reinstatement with back wages by Labour Commissioner and Industrial Court — Employer challenged, but interim order for back wages deposit was made and employee reinstated as daily wager — Employee sought regularisation after completing 180 days of service, granted by Industrial Court from the date of 180 days completion as per settlement clause — Employer failed to comply timely, only regularising employee on a sanctioned post after many years, imposing new conditions contrary to prior orders — Supreme Court held that employer cannot impose new conditions limiting regularisation contrary to earlier unchallenged orders and settlement terms, and reversed High Court’s decision setting aside back wages order.

Apr 25, 2026 sclaw