Supreme Court of India Judgements

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Arbitration and Conciliation Act, 1996 — Section 37 read with Section 34 — Scope of Interference — Concurrent Findings — Statutory prohibition against re-appreciation of evidence — Challenges to arbitral award upholding 24% interest rate based on loan agreement terms dismissed by Single Judge and Division Bench; Supreme Court upholds affirmation — Re-appreciation of evidence on genuineness of loan agreements or terms, including interest rate, is prohibited under Section 34(2A) proviso, particularly when Arbitrator’s findings are concurrently upheld. Environmental Law — Environmental Clearance (EC) — Ex Post Facto Clearance — Environment (Protection) Act, 1986, Section 3 — While EC should ordinarily be prior, the EP Act does not entirely prohibit ex post facto EC — Grant of ex post facto clearance is permissible in exceptional circumstances, in strict compliance with rules, upon imposition of heavy penalties, where denial of approval would result in adverse consequences outweighing regularisation, and where project complies with or can be made to comply with environmental norms — Adopting a ‘balanced approach’ is necessary to protect economy and livelihood. National Green Tribunal Act, 2010 — Section 16(h) — Limitation period for appeal against Environmental Clearance (EC) — Communication of EC to “any person aggrieved” — The date of commencement of the 30-day limitation period (extendable by 60 days) starts from the earliest date on which the order granting EC is “communicated” to the aggrieved person by any of the duty bearers (MoEF&CC, project proponent, or Pollution Control Boards). Constitution of India, 1950 — Articles 233, 235, 309, 32, 141, 142 — Higher Judicial Services (HJS) — Determination of Seniority — Source of Recruitment — Recruitment to HJS is through Regular Promotees (RP), Limited Departmental Competitive Examinations (LDCE), and Direct Recruits (DR) — Supreme Court has jurisdiction under Article 142 and other provisions to lay down uniform guidelines for judicial services across the country, independent of High Courts’ control under Article 235, to ensure a unified and robust judiciary — Overarching guidelines framed do not foreclose powers of High Courts but establish a homogenous framework for superintendence over judicial services. Registration Act, 1908 — Section 17(1)(e) — Compulsory registration of non-testamentary instruments — Assignment of a decree for specific performance of an agreement of sale of immovable property — Whether such assignment deed requires compulsory registration — HELD NO – A decree for specific performance of a contract for sale of immovable property does not, of itself, create any right, title, or interest in or charge on the immovable property (Section 54, Transfer of Property Act, 1882)
Arbitration

Arbitration and Conciliation Act, 1996 — Section 37 read with Section 34 — Scope of Interference — Concurrent Findings — Statutory prohibition against re-appreciation of evidence — Challenges to arbitral award upholding 24% interest rate based on loan agreement terms dismissed by Single Judge and Division Bench; Supreme Court upholds affirmation — Re-appreciation of evidence on genuineness of loan agreements or terms, including interest rate, is prohibited under Section 34(2A) proviso, particularly when Arbitrator’s findings are concurrently upheld.

Nov 22, 2025 sclaw
Environment

Environmental Law — Environmental Clearance (EC) — Ex Post Facto Clearance — Environment (Protection) Act, 1986, Section 3 — While EC should ordinarily be prior, the EP Act does not entirely prohibit ex post facto EC — Grant of ex post facto clearance is permissible in exceptional circumstances, in strict compliance with rules, upon imposition of heavy penalties, where denial of approval would result in adverse consequences outweighing regularisation, and where project complies with or can be made to comply with environmental norms — Adopting a ‘balanced approach’ is necessary to protect economy and livelihood.

Nov 22, 2025 sclaw
Arbitration and Conciliation Act, 1996 — Section 37 read with Section 34 — Scope of Interference — Concurrent Findings — Statutory prohibition against re-appreciation of evidence — Challenges to arbitral award upholding 24% interest rate based on loan agreement terms dismissed by Single Judge and Division Bench; Supreme Court upholds affirmation — Re-appreciation of evidence on genuineness of loan agreements or terms, including interest rate, is prohibited under Section 34(2A) proviso, particularly when Arbitrator’s findings are concurrently upheld.
Arbitration
Arbitration and Conciliation Act, 1996 — Section 37 read with Section 34 — Scope of Interference — Concurrent Findings — Statutory prohibition against re-appreciation of evidence — Challenges to arbitral award upholding 24% interest rate based on loan agreement terms dismissed by Single Judge and Division Bench; Supreme Court upholds affirmation — Re-appreciation of evidence on genuineness of loan agreements or terms, including interest rate, is prohibited under Section 34(2A) proviso, particularly when Arbitrator’s findings are concurrently upheld.
Environmental Law — Environmental Clearance (EC) — Ex Post Facto Clearance — Environment (Protection) Act, 1986, Section 3 — While EC should ordinarily be prior, the EP Act does not entirely prohibit ex post facto EC — Grant of ex post facto clearance is permissible in exceptional circumstances, in strict compliance with rules, upon imposition of heavy penalties, where denial of approval would result in adverse consequences outweighing regularisation, and where project complies with or can be made to comply with environmental norms — Adopting a ‘balanced approach’ is necessary to protect economy and livelihood.
Environment
Environmental Law — Environmental Clearance (EC) — Ex Post Facto Clearance — Environment (Protection) Act, 1986, Section 3 — While EC should ordinarily be prior, the EP Act does not entirely prohibit ex post facto EC — Grant of ex post facto clearance is permissible in exceptional circumstances, in strict compliance with rules, upon imposition of heavy penalties, where denial of approval would result in adverse consequences outweighing regularisation, and where project complies with or can be made to comply with environmental norms — Adopting a ‘balanced approach’ is necessary to protect economy and livelihood.
National Green Tribunal Act, 2010 — Section 16(h) — Limitation period for appeal against Environmental Clearance (EC) — Communication of EC to “any person aggrieved” — The date of commencement of the 30-day limitation period (extendable by 60 days) starts from the earliest date on which the order granting EC is “communicated” to the aggrieved person by any of the duty bearers (MoEF&CC, project proponent, or Pollution Control Boards).
Environment
National Green Tribunal Act, 2010 — Section 16(h) — Limitation period for appeal against Environmental Clearance (EC) — Communication of EC to “any person aggrieved” — The date of commencement of the 30-day limitation period (extendable by 60 days) starts from the earliest date on which the order granting EC is “communicated” to the aggrieved person by any of the duty bearers (MoEF&CC, project proponent, or Pollution Control Boards).
Constitution of India, 1950 — Articles 233, 235, 309, 32, 141, 142 — Higher Judicial Services (HJS) — Determination of Seniority — Source of Recruitment — Recruitment to HJS is through Regular Promotees (RP), Limited Departmental Competitive Examinations (LDCE), and Direct Recruits (DR) — Supreme Court has jurisdiction under Article 142 and other provisions to lay down uniform guidelines for judicial services across the country, independent of High Courts’ control under Article 235, to ensure a unified and robust judiciary — Overarching guidelines framed do not foreclose powers of High Courts but establish a homogenous framework for superintendence over judicial services.
Constitution Service
Constitution of India, 1950 — Articles 233, 235, 309, 32, 141, 142 — Higher Judicial Services (HJS) — Determination of Seniority — Source of Recruitment — Recruitment to HJS is through Regular Promotees (RP), Limited Departmental Competitive Examinations (LDCE), and Direct Recruits (DR) — Supreme Court has jurisdiction under Article 142 and other provisions to lay down uniform guidelines for judicial services across the country, independent of High Courts’ control under Article 235, to ensure a unified and robust judiciary — Overarching guidelines framed do not foreclose powers of High Courts but establish a homogenous framework for superintendence over judicial services.
Labour Cases

Appellant made reference before Labour Court–Labour Court concluded that the workman worked with the Department for a period of more than 240 days preceding the date of termination, thus directed reinstatement–High Court set aside the award of the Labour Court–Appeal–Appellant worked for 3 years without break during his service tenure–No reason given of his termination–Termination in contravention of the provisions of Section 25-F–High Court ought not to have interfered with the factual finding rendered by the Labour Court–Impugned order of the High Court set aside and that of the Labour Court restored. 

Dec 1, 2018 sclaw

2010(1) LAW HERALD (SC) 592 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P. Sathasivam The Hon’ble Mr. Justice H.L. Dattu Civil Appeal No. 229 of 2010…

Labour Cases

Regularization of services–Daily wagers–Merely because a temporary employee or a casual wage worker is continued for a time beyond the term of his appointment, he would not be entitled to be absorbed in regular service or made permanent, merely on the strength of such continuance, if the original appointment was not made by following a due process of selection as envisaged by the relevant rules.

Dec 1, 2018 sclaw

2010(1) LAW HERALD (SC) 589 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Mr. Justice Dr. Mukundakam Sharma Civil Appeal Nos. 795-798 of…

Constitution

Allegations that the petitioners had been beaten or an attempt had been made to extort money from them or anyone else has been denied–These prayers cannot be permitted to be raised in a writ petition directly in the Supreme Court under Article 32 of the Constitution–No violation of basic requirement as laid down in case D.K. Basu supra were infringed–Show cause notices issued to the respondents dropped.

Nov 29, 2018 sclaw

2010(1) LAW HERALD (SC) 576 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Harjit Singh Bedi The Hon’ble Mr. Justice J.M. Panchal Writ Petition (Criminal) No. 17…

Constitution

Reservation in Panchayats–Panchayats located in Scheduled Areas, the exclusive representation of Scheduled Tribes in the Chairperson positions of the same bodies at all three tiers is constitutionally permissible–Sections 17(B)(2), 36(B)(2) and 51(B)(2) of the Jharkhand Panchayat Reservation Act, 2001 are constitutionally valid provisions.

Nov 29, 2018 sclaw

2010(1) LAW HERALD (SC) 558 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 J.M.…

Dying Declaration

Dying declaration– Once the court is satisfied that the declaration was true and voluntary undoubtedly, it can base its conviction without any further corroboration–It cannot be laid down as an absolute rule of law that the dying declaration cannot form the sole basis of conviction unless it is corroborated.

Nov 28, 2018 sclaw

2010(1) LAW HERALD (SC) 545 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. 966 of…

You missed

Arbitration

Arbitration and Conciliation Act, 1996 — Section 37 read with Section 34 — Scope of Interference — Concurrent Findings — Statutory prohibition against re-appreciation of evidence — Challenges to arbitral award upholding 24% interest rate based on loan agreement terms dismissed by Single Judge and Division Bench; Supreme Court upholds affirmation — Re-appreciation of evidence on genuineness of loan agreements or terms, including interest rate, is prohibited under Section 34(2A) proviso, particularly when Arbitrator’s findings are concurrently upheld.

Nov 22, 2025 sclaw
Environment

Environmental Law — Environmental Clearance (EC) — Ex Post Facto Clearance — Environment (Protection) Act, 1986, Section 3 — While EC should ordinarily be prior, the EP Act does not entirely prohibit ex post facto EC — Grant of ex post facto clearance is permissible in exceptional circumstances, in strict compliance with rules, upon imposition of heavy penalties, where denial of approval would result in adverse consequences outweighing regularisation, and where project complies with or can be made to comply with environmental norms — Adopting a ‘balanced approach’ is necessary to protect economy and livelihood.

Nov 22, 2025 sclaw
Environment

National Green Tribunal Act, 2010 — Section 16(h) — Limitation period for appeal against Environmental Clearance (EC) — Communication of EC to “any person aggrieved” — The date of commencement of the 30-day limitation period (extendable by 60 days) starts from the earliest date on which the order granting EC is “communicated” to the aggrieved person by any of the duty bearers (MoEF&CC, project proponent, or Pollution Control Boards).

Nov 22, 2025 sclaw
Constitution Service

Constitution of India, 1950 — Articles 233, 235, 309, 32, 141, 142 — Higher Judicial Services (HJS) — Determination of Seniority — Source of Recruitment — Recruitment to HJS is through Regular Promotees (RP), Limited Departmental Competitive Examinations (LDCE), and Direct Recruits (DR) — Supreme Court has jurisdiction under Article 142 and other provisions to lay down uniform guidelines for judicial services across the country, independent of High Courts’ control under Article 235, to ensure a unified and robust judiciary — Overarching guidelines framed do not foreclose powers of High Courts but establish a homogenous framework for superintendence over judicial services.

Nov 22, 2025 sclaw