Supreme Court of India Judgements

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Arbitration and Conciliation Act, 1996 — Section 34, Section 37 — Challenge to arbitral award — Jurisdiction of arbitrator — Clause in a contract that states one party’s decision is final and cannot be challenged in any court or arbitration is void if it seeks to prevent adjudication on disputed liability, as the determination of breach and liability rests with an adjudicatory forum, not the party alleging breach. Insolvency and Bankruptcy Code, 2016 (IBC) — Section 12A — Withdrawal of Corporate Insolvency Resolution Process (CIRP) — Commercial Wisdom of Committee of Creditors (CoC) — Primacy of CoC’s commercial wisdom in deciding withdrawal of CIRP is non-justiciable and not subject to appeal or review by adjudicating authorities, except on grounds of statutory illegality or jurisdictional infirmity — Supreme Court in a miscellaneous application concerning a disposed SLP from a civil revision cannot adjudicate rival offers or substitute its view for the CoC’s business decision. Karnataka Recruitment of Gazetted Probationers (Appointment by Competitive Examinations) Rules, 1997 — Rule 11(1), 11(3) & Rule 4(3) — Selection process for Gazetted Probationers — Vacancy arising from non-joining candidate — Claims of next eligible candidate — Held, select list is not an open-ended reservoir of candidates but is prepared for notified vacancies & operates within statutory framework — Inclusion in select list does not confer indefeasible right to appointment — Appointment governed by Rules & notified vacancies — No provision for reserve/waiting list under 1997 Rules — Post left unfilled due to non-completion of pre-appointment formalities or non-joining cannot be filled by operating the same select list & claiming by next candidate in absence of express statutory provision — High Court erred in allowing writ petition & setting aside Tribunal’s order. Constitution of India, 1950 — Articles 14, 15(1), 16, 309 — Relaxation in qualifying examination (TET) marks for reserved category candidates — The provision of relaxation in qualifying marks in TET enables reserved category candidates to enter the zone of consideration and does not affect their inter se merit in the main selection process (TAIT) — Migration to the open category is permissible if recruitment rules do not expressly prohibit it or are silent on the matter — Decisions in Pradeep Kumar and Sajib Roy are distinguishable as they dealt with candidates not fulfilling essential eligibility criteria, unlike in this case where relaxation in TET marks is expressly permitted by NCTE guidelines — The High Court erred in not allowing meritorious reserved category candidates to be considered under the general category — Appeals allowed, impugned judgment set aside. National Green Tribunal (NGT) — Adjudicatory Function — NGT cannot abdicate its powers and entrust its adjudicatory functions to a committee, even an expert committee — The role of such a committee is only to assist the NGT, not to decide the case.
I B C

Insolvency and Bankruptcy Code, 2016 (IBC) — Section 12A — Withdrawal of Corporate Insolvency Resolution Process (CIRP) — Commercial Wisdom of Committee of Creditors (CoC) — Primacy of CoC’s commercial wisdom in deciding withdrawal of CIRP is non-justiciable and not subject to appeal or review by adjudicating authorities, except on grounds of statutory illegality or jurisdictional infirmity — Supreme Court in a miscellaneous application concerning a disposed SLP from a civil revision cannot adjudicate rival offers or substitute its view for the CoC’s business decision.

Mar 24, 2026 sclaw
Arbitration and Conciliation Act, 1996 — Section 34, Section 37 — Challenge to arbitral award — Jurisdiction of arbitrator — Clause in a contract that states one party’s decision is final and cannot be challenged in any court or arbitration is void if it seeks to prevent adjudication on disputed liability, as the determination of breach and liability rests with an adjudicatory forum, not the party alleging breach.
Arbitration
Arbitration and Conciliation Act, 1996 — Section 34, Section 37 — Challenge to arbitral award — Jurisdiction of arbitrator — Clause in a contract that states one party’s decision is final and cannot be challenged in any court or arbitration is void if it seeks to prevent adjudication on disputed liability, as the determination of breach and liability rests with an adjudicatory forum, not the party alleging breach.
Insolvency and Bankruptcy Code, 2016 (IBC) — Section 12A — Withdrawal of Corporate Insolvency Resolution Process (CIRP) — Commercial Wisdom of Committee of Creditors (CoC) — Primacy of CoC’s commercial wisdom in deciding withdrawal of CIRP is non-justiciable and not subject to appeal or review by adjudicating authorities, except on grounds of statutory illegality or jurisdictional infirmity — Supreme Court in a miscellaneous application concerning a disposed SLP from a civil revision cannot adjudicate rival offers or substitute its view for the CoC’s business decision.
I B C
Insolvency and Bankruptcy Code, 2016 (IBC) — Section 12A — Withdrawal of Corporate Insolvency Resolution Process (CIRP) — Commercial Wisdom of Committee of Creditors (CoC) — Primacy of CoC’s commercial wisdom in deciding withdrawal of CIRP is non-justiciable and not subject to appeal or review by adjudicating authorities, except on grounds of statutory illegality or jurisdictional infirmity — Supreme Court in a miscellaneous application concerning a disposed SLP from a civil revision cannot adjudicate rival offers or substitute its view for the CoC’s business decision.
Karnataka Recruitment of Gazetted Probationers (Appointment by Competitive Examinations) Rules, 1997 — Rule 11(1), 11(3) & Rule 4(3) — Selection process for Gazetted Probationers — Vacancy arising from non-joining candidate — Claims of next eligible candidate — Held, select list is not an open-ended reservoir of candidates but is prepared for notified vacancies & operates within statutory framework — Inclusion in select list does not confer indefeasible right to appointment — Appointment governed by Rules & notified vacancies — No provision for reserve/waiting list under 1997 Rules — Post left unfilled due to non-completion of pre-appointment formalities or non-joining cannot be filled by operating the same select list & claiming by next candidate in absence of express statutory provision — High Court erred in allowing writ petition & setting aside Tribunal’s order.
Service
Karnataka Recruitment of Gazetted Probationers (Appointment by Competitive Examinations) Rules, 1997 — Rule 11(1), 11(3) & Rule 4(3) — Selection process for Gazetted Probationers — Vacancy arising from non-joining candidate — Claims of next eligible candidate — Held, select list is not an open-ended reservoir of candidates but is prepared for notified vacancies & operates within statutory framework — Inclusion in select list does not confer indefeasible right to appointment — Appointment governed by Rules & notified vacancies — No provision for reserve/waiting list under 1997 Rules — Post left unfilled due to non-completion of pre-appointment formalities or non-joining cannot be filled by operating the same select list & claiming by next candidate in absence of express statutory provision — High Court erred in allowing writ petition & setting aside Tribunal’s order.
Constitution of India, 1950 — Articles 14, 15(1), 16, 309 — Relaxation in qualifying examination (TET) marks for reserved category candidates — The provision of relaxation in qualifying marks in TET enables reserved category candidates to enter the zone of consideration and does not affect their inter se merit in the main selection process (TAIT) — Migration to the open category is permissible if recruitment rules do not expressly prohibit it or are silent on the matter — Decisions in Pradeep Kumar and Sajib Roy are distinguishable as they dealt with candidates not fulfilling essential eligibility criteria, unlike in this case where relaxation in TET marks is expressly permitted by NCTE guidelines — The High Court erred in not allowing meritorious reserved category candidates to be considered under the general category — Appeals allowed, impugned judgment set aside.
Constitution
Constitution of India, 1950 — Articles 14, 15(1), 16, 309 — Relaxation in qualifying examination (TET) marks for reserved category candidates — The provision of relaxation in qualifying marks in TET enables reserved category candidates to enter the zone of consideration and does not affect their inter se merit in the main selection process (TAIT) — Migration to the open category is permissible if recruitment rules do not expressly prohibit it or are silent on the matter — Decisions in Pradeep Kumar and Sajib Roy are distinguishable as they dealt with candidates not fulfilling essential eligibility criteria, unlike in this case where relaxation in TET marks is expressly permitted by NCTE guidelines — The High Court erred in not allowing meritorious reserved category candidates to be considered under the general category — Appeals allowed, impugned judgment set aside.
Will & Succession

Will can be proved by examining at least one witness–Alongwith it has to be shown that it was free from suspicious circumstances–Transfer of Property Act, 1882, Section 3–Evidence Act, 1872, Section 68–Succession Act, 1925, Section 63(c).–It may be true that deprivation of a due share by the natural heir by itself may not be held to be a suspicious circumstance but it is one of the factors which is taken into consideration by the courts

Feb 24, 2019 sclaw

2009(1) LAW HERALD (SC) 502 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7434 of 2008…

Accident

Accident–Gratuitous passengers–About 30-40 persons were travelling in the tempo truck–All 30-40 persons by no stretch of imagination could have been the representatives of the owners of goods. Insurance company not liable Accident–Ordinarily an allegation made in FIR would not be admissible in evidence per se but tribunal would be entitled to look into same where allegations made in FIR had been made a part of the part of claim petition.

Feb 24, 2019 sclaw

2009(1) LAW HERALD (SC) 498 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7399 of 2008…

Service Matters
Service

Contention that prior to the amendment rules, the promotion to the cadre of District Judges was based on the principle of “Seniority-cum-merit” and now as per amended rules pursuant to the directions of Supreme Court, the principle has now been changed to “merit-cum-seniority” and this has seriously affected the rights of the members of the Civil Judges (Senior Division)–Contention rejected

Feb 24, 2019 sclaw

  2009(1) LAW HERALD (SC) 495 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice P. Sathasivam The Hon’ble Mr. Justice…

Property Matters

Mortgage–Whether a document is mortgage by conditional sale or a sale with a condition of repurchase is a vexed question–One of the ingredients for determining the true nature of transaction, therefore, is that the condition of repurchase should be embodied in the document which effects or purports to effect the sale–Indisputably, the said condition is satisfied– Transfer of Property Act, 1882, Mortgage–In a case where deed of mortgage is executed with a condition of repurchase, the amount of consideration remains the same.

Feb 24, 2019 sclaw

2009(1) LAW HERALD (SC) 489 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice  S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7400 of 2008…

Labour Cases

Interest Law–Interest– Starting Point–Question arises as to from which date interest would be paid–Starting point is on completion of one month from the date on which claim fell due–It cannot be the date of accident–It has to be taken to be the date of adjudication of the claim– Workman’s Compensation Act, 1923, Sections 3, 4A(3)(a). 

Feb 24, 2019 sclaw

2009(1) LAW HERALD (SC) 479 IN THE SUPREME COURT OF INDIA Before  The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Civil Appeal No. 6691 of 2008…

Will & Succession

Succession Law–Will– Probate of–A probate when granted binds the whole world–It is a judgment in rem–The Executor, therefore, has to administer the estate of the testator in terms of the Will and not on the basis of the settlement arrived at by and between the parties which would be inconsistent with the terms of the Will–In case of any conflict between the terms of the Will and the settlement, the former will prevail

Feb 24, 2019 sclaw

2009(1) LAW HERALD (SC) 482 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice  Cyriac Joseph Civil Appeal No. 6575 of 2008…

C P C

Undue Influence—Merely because the parties are related to each other or merely because the executant was old or of weak character, no presumption of undue influence can arise Redemption of Mortgage—High Court has passed a decree for redemption of mortgage simpliciter without following the provisions of CPC—Impugned order set aside– Muslim Law—Oral Gift—Conditions for making valid oral gift under the Mohammedan law are:- (i) there should be wish or intention on the part of the donor to gift; (ii) acceptance by the donee; and (iii) taking possession of the subject matter of the gift by the donee.

Feb 24, 2019 sclaw

2019(1) Law Herald (SC) 147 : 2018 LawHerald.Org 2053 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Civil Appeal No. 1007…

I P C

Second Complaint—There is no provision in the Criminal Procedure Code or any other statute which debars a complainant from making a second complaint on the same allegations, when the first complaint did not lead to conviction, acquittal or discharge Second Complaint—The failure to mention the first complaint in the subsequent one is inconsequential—Mentioning of reasons for withdrawal of an earlier complaint is also not a condition precedent for maintaining a second complaint.

Feb 24, 2019 sclaw

2019(1) Law Herald (SC) 134 : 2018 LawHerald.Org 2049 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal No. Ill…

You missed

Arbitration

Arbitration and Conciliation Act, 1996 — Section 34, Section 37 — Challenge to arbitral award — Jurisdiction of arbitrator — Clause in a contract that states one party’s decision is final and cannot be challenged in any court or arbitration is void if it seeks to prevent adjudication on disputed liability, as the determination of breach and liability rests with an adjudicatory forum, not the party alleging breach.

Mar 24, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 (IBC) — Section 12A — Withdrawal of Corporate Insolvency Resolution Process (CIRP) — Commercial Wisdom of Committee of Creditors (CoC) — Primacy of CoC’s commercial wisdom in deciding withdrawal of CIRP is non-justiciable and not subject to appeal or review by adjudicating authorities, except on grounds of statutory illegality or jurisdictional infirmity — Supreme Court in a miscellaneous application concerning a disposed SLP from a civil revision cannot adjudicate rival offers or substitute its view for the CoC’s business decision.

Mar 24, 2026 sclaw
Service

Karnataka Recruitment of Gazetted Probationers (Appointment by Competitive Examinations) Rules, 1997 — Rule 11(1), 11(3) & Rule 4(3) — Selection process for Gazetted Probationers — Vacancy arising from non-joining candidate — Claims of next eligible candidate — Held, select list is not an open-ended reservoir of candidates but is prepared for notified vacancies & operates within statutory framework — Inclusion in select list does not confer indefeasible right to appointment — Appointment governed by Rules & notified vacancies — No provision for reserve/waiting list under 1997 Rules — Post left unfilled due to non-completion of pre-appointment formalities or non-joining cannot be filled by operating the same select list & claiming by next candidate in absence of express statutory provision — High Court erred in allowing writ petition & setting aside Tribunal’s order.

Mar 24, 2026 sclaw
Constitution

Constitution of India, 1950 — Articles 14, 15(1), 16, 309 — Relaxation in qualifying examination (TET) marks for reserved category candidates — The provision of relaxation in qualifying marks in TET enables reserved category candidates to enter the zone of consideration and does not affect their inter se merit in the main selection process (TAIT) — Migration to the open category is permissible if recruitment rules do not expressly prohibit it or are silent on the matter — Decisions in Pradeep Kumar and Sajib Roy are distinguishable as they dealt with candidates not fulfilling essential eligibility criteria, unlike in this case where relaxation in TET marks is expressly permitted by NCTE guidelines — The High Court erred in not allowing meritorious reserved category candidates to be considered under the general category — Appeals allowed, impugned judgment set aside.

Mar 24, 2026 sclaw