Supreme Court of India Judgements

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Remission — Premature release of life convicts — Applicable policy — Conflict between Haryana’s 2002 Policy (dated 12.4.2002) and 2008 Policy (dated 13.8.2008) — Source of power — Held, the 2002 Policy, being in substance and effect referable to Article 161 of the Constitution of India (papers to be routed to the Governor for orders), is constitutional in origin, notwithstanding that it does not expressly recite the source of power — The 2008 Policy, by contrast, expressly invokes Sections 432 and 433 of the Code of Criminal Procedure, 1973 and makes the Chief Minister the deciding authority, and is thus statutory in character — A policy traceable to a statute cannot override or supersede the exercise of the constitutional power under Article 161, that power being distinct, independent and uninfluenced by any statutory power — The purported “supersession” of the 2002 Policy by the 2008 Policy is accordingly untenable in law qua convicts governed by the 2002 Policy — Appellant held entitled to the benefit of the more liberal 2002 Policy. Insolvency and Bankruptcy Code, 2016 — Sections 7 and 14 — Corporate guarantee — Effect of demerger/amalgamation of corporate debtor — NCLT admission order under S. 7 relying on six judicial precedents to reject corporate guarantor’s plea that liability stood extinguished on demerger/amalgamation — NCLAT dismissing appeal and reproducing the same precedents — On independent verification by Supreme Court, found that of the six citations, one carried a wrong citation of an existing but different judgment together with a non-existent paragraph, three were altogether non-existent citations, and two, though correctly cited, contained paragraphs not traceable to the actual reported judgments — Held, the citations relied upon by NCLT were fake, non-existent or hallucinated, apparently AI-generated, and NCLAT failed to detect the fabrication — Orders of NCLT dated 28.08.2024 and NCLAT dated 11.09.2025 set aside — Section 7 application restored to its original number for fresh disposal strictly on merits, without expression of any opinion by the Supreme Court — NCLT directed to dispose of the application expeditiously, preferably within two weeks, with parties to maintain status quo in the interregnum. Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month. Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant. Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 154 — Transfer of land in contravention of ceiling limit — Not void ipso facto — Capable of ratification — Legality of transfer to be judged by law on date of execution — Sale deed executed on 04.06.1957 — Ceiling limit then was 30 acres, subsequently amended to 12.5 acres retrospectively from 01.07.1952 — Transfer in contravention of Section 154 not void but voidable at instance of Gaon Sabha coupled with liability for ejectment of transferee under Section 163 — No suit filed for ejectment within limitation period.
Constitution

Remission — Premature release of life convicts — Applicable policy — Conflict between Haryana’s 2002 Policy (dated 12.4.2002) and 2008 Policy (dated 13.8.2008) — Source of power — Held, the 2002 Policy, being in substance and effect referable to Article 161 of the Constitution of India (papers to be routed to the Governor for orders), is constitutional in origin, notwithstanding that it does not expressly recite the source of power — The 2008 Policy, by contrast, expressly invokes Sections 432 and 433 of the Code of Criminal Procedure, 1973 and makes the Chief Minister the deciding authority, and is thus statutory in character — A policy traceable to a statute cannot override or supersede the exercise of the constitutional power under Article 161, that power being distinct, independent and uninfluenced by any statutory power — The purported “supersession” of the 2002 Policy by the 2008 Policy is accordingly untenable in law qua convicts governed by the 2002 Policy — Appellant held entitled to the benefit of the more liberal 2002 Policy.

Jul 2, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Sections 7 and 14 — Corporate guarantee — Effect of demerger/amalgamation of corporate debtor — NCLT admission order under S. 7 relying on six judicial precedents to reject corporate guarantor’s plea that liability stood extinguished on demerger/amalgamation — NCLAT dismissing appeal and reproducing the same precedents — On independent verification by Supreme Court, found that of the six citations, one carried a wrong citation of an existing but different judgment together with a non-existent paragraph, three were altogether non-existent citations, and two, though correctly cited, contained paragraphs not traceable to the actual reported judgments — Held, the citations relied upon by NCLT were fake, non-existent or hallucinated, apparently AI-generated, and NCLAT failed to detect the fabrication — Orders of NCLT dated 28.08.2024 and NCLAT dated 11.09.2025 set aside — Section 7 application restored to its original number for fresh disposal strictly on merits, without expression of any opinion by the Supreme Court — NCLT directed to dispose of the application expeditiously, preferably within two weeks, with parties to maintain status quo in the interregnum.

Jul 2, 2026 sclaw
Constitution
Remission — Premature release of life convicts — Applicable policy — Conflict between Haryana’s 2002 Policy (dated 12.4.2002) and 2008 Policy (dated 13.8.2008) — Source of power — Held, the 2002 Policy, being in substance and effect referable to Article 161 of the Constitution of India (papers to be routed to the Governor for orders), is constitutional in origin, notwithstanding that it does not expressly recite the source of power — The 2008 Policy, by contrast, expressly invokes Sections 432 and 433 of the Code of Criminal Procedure, 1973 and makes the Chief Minister the deciding authority, and is thus statutory in character — A policy traceable to a statute cannot override or supersede the exercise of the constitutional power under Article 161, that power being distinct, independent and uninfluenced by any statutory power — The purported “supersession” of the 2002 Policy by the 2008 Policy is accordingly untenable in law qua convicts governed by the 2002 Policy — Appellant held entitled to the benefit of the more liberal 2002 Policy.
Insolvency and Bankruptcy Code, 2016 — Sections 7 and 14 — Corporate guarantee — Effect of demerger/amalgamation of corporate debtor — NCLT admission order under S. 7 relying on six judicial precedents to reject corporate guarantor’s plea that liability stood extinguished on demerger/amalgamation — NCLAT dismissing appeal and reproducing the same precedents — On independent verification by Supreme Court, found that of the six citations, one carried a wrong citation of an existing but different judgment together with a non-existent paragraph, three were altogether non-existent citations, and two, though correctly cited, contained paragraphs not traceable to the actual reported judgments — Held, the citations relied upon by NCLT were fake, non-existent or hallucinated, apparently AI-generated, and NCLAT failed to detect the fabrication — Orders of NCLT dated 28.08.2024 and NCLAT dated 11.09.2025 set aside — Section 7 application restored to its original number for fresh disposal strictly on merits, without expression of any opinion by the Supreme Court — NCLT directed to dispose of the application expeditiously, preferably within two weeks, with parties to maintain status quo in the interregnum.
I B C
Insolvency and Bankruptcy Code, 2016 — Sections 7 and 14 — Corporate guarantee — Effect of demerger/amalgamation of corporate debtor — NCLT admission order under S. 7 relying on six judicial precedents to reject corporate guarantor’s plea that liability stood extinguished on demerger/amalgamation — NCLAT dismissing appeal and reproducing the same precedents — On independent verification by Supreme Court, found that of the six citations, one carried a wrong citation of an existing but different judgment together with a non-existent paragraph, three were altogether non-existent citations, and two, though correctly cited, contained paragraphs not traceable to the actual reported judgments — Held, the citations relied upon by NCLT were fake, non-existent or hallucinated, apparently AI-generated, and NCLAT failed to detect the fabrication — Orders of NCLT dated 28.08.2024 and NCLAT dated 11.09.2025 set aside — Section 7 application restored to its original number for fresh disposal strictly on merits, without expression of any opinion by the Supreme Court — NCLT directed to dispose of the application expeditiously, preferably within two weeks, with parties to maintain status quo in the interregnum.
Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.
Accident
Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.
Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant.
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant.
Service Matters
Service

Constitution of India, 1950 – Article 311(2)(b) – Dismissal of the judicial officers dispensing with the departmental inquiry. HELD The appeals are dismissed and the stay order is vacated, albeit we clarify that the respondents, in terms of the judgment passed by the Division Bench, would be required to proceed in accordance with law.

Nov 10, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARI NIWAS GUPTA — Appellant Vs. STATE OF BIHAR AND ANOTHER — Respondent ( Before : Indu Malhotra and Sanjiv Khanna, JJ. ) Civil…

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 34 and 37 – Levy of liquidated damages – the Division Bench of the High Court rightly set aside the order of the learned Arbitrator with regard to claim No.6 by holding that levy of liquidated damages/compensation is adjustable against the final bill payable to the appellant.

Nov 10, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S. MITRA GUHA BUILDERS (INDIA) COMPANY — Appellant Vs. OIL AND NATURAL GAS CORPORATION LIMITED — Respondent ( Before : R. Banumathi, A.S. Bopanna…

Service Matters
Service

Air Force Rules, 1969 – Rules 15(2), 15(2)(g)(ii) and Rule 15(2)(k) – Habitual offender -The show cause notice issued to the Respondent is in accordance with the Habitual Offenders Policy. A second warning letter is not required when it is decided to pass a final order without giving another chance. There is no violation of the procedure prescribed by the Policy –

Nov 10, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. 794898 T. EX. CORPORAL ABHISHEK PANDEY — Respondent ( Before : L. Nageswara Rao and Hemant…

Corporate

SC Sets Aside NCLAT Order Which Held That Dissenting Financial Creditor Should Not Be Discriminated HELD “Having regard to these factors and circumstances, it is held that the NCLAT’s order and directions were not justified. They are hereby set aside; the order of the NCLT is hereby restored”,

Nov 8, 2019 sclaw

SC Sets Aside NCLAT Order Which Held That Dissenting Financial Creditor Should Not Be Discriminated The Supreme Court on Friday set aside an order passed by the National Company Law Appellate…

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Constitution

Remission — Premature release of life convicts — Applicable policy — Conflict between Haryana’s 2002 Policy (dated 12.4.2002) and 2008 Policy (dated 13.8.2008) — Source of power — Held, the 2002 Policy, being in substance and effect referable to Article 161 of the Constitution of India (papers to be routed to the Governor for orders), is constitutional in origin, notwithstanding that it does not expressly recite the source of power — The 2008 Policy, by contrast, expressly invokes Sections 432 and 433 of the Code of Criminal Procedure, 1973 and makes the Chief Minister the deciding authority, and is thus statutory in character — A policy traceable to a statute cannot override or supersede the exercise of the constitutional power under Article 161, that power being distinct, independent and uninfluenced by any statutory power — The purported “supersession” of the 2002 Policy by the 2008 Policy is accordingly untenable in law qua convicts governed by the 2002 Policy — Appellant held entitled to the benefit of the more liberal 2002 Policy.

Jul 2, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Sections 7 and 14 — Corporate guarantee — Effect of demerger/amalgamation of corporate debtor — NCLT admission order under S. 7 relying on six judicial precedents to reject corporate guarantor’s plea that liability stood extinguished on demerger/amalgamation — NCLAT dismissing appeal and reproducing the same precedents — On independent verification by Supreme Court, found that of the six citations, one carried a wrong citation of an existing but different judgment together with a non-existent paragraph, three were altogether non-existent citations, and two, though correctly cited, contained paragraphs not traceable to the actual reported judgments — Held, the citations relied upon by NCLT were fake, non-existent or hallucinated, apparently AI-generated, and NCLAT failed to detect the fabrication — Orders of NCLT dated 28.08.2024 and NCLAT dated 11.09.2025 set aside — Section 7 application restored to its original number for fresh disposal strictly on merits, without expression of any opinion by the Supreme Court — NCLT directed to dispose of the application expeditiously, preferably within two weeks, with parties to maintain status quo in the interregnum.

Jul 2, 2026 sclaw
Accident

Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.

Jun 26, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant.

Jun 26, 2026 sclaw