Supreme Court of India Judgements

47070 Judgements hosted as on 24/03/2026 - Search (FREE), Subscribe, Read & Download

Top Tags

Latest Post

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.
C P C

Decree against dead person–Death of defendant pending appeal–An application made for substitution of legal representatives, but no order passed by Court through inadvertence–Decree drawn against dead defendant–Decree executable against legal representatives–It was essentially a technical error–Held, act of court should do no harm to a litigant– Civil Procedure Code, 1908, Section 47–Civil Procedure Code, 1908, Order 23 Rule 2.      

Jan 26, 2019 sclaw

2009(1) LAW HERALD (SC) 309 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Civil Appeal Nos. 6850-6851 of 2008…

Bail Declined

Criminal Law–Bail–Grant of–Though detailed examination of the evidence and elaborate documentation of the merits of the case is to be avoided by the Court while passing orders on bail applications, yet a court dealing with the bail application should be satisfied as to whether there is a prima facie case, but exhaustive exploration of the merits of the case is not necessary

Jan 26, 2019 sclaw

2009(1) LAW HERALD (SC) 284 IN THE SUPREME COURT OF INDIA Before  The Hon’ble Mr. Justice  Arijit Pasayat The Hon’ble Mr. Justice  Mukundakam Sharma Criminal Appeal No. 1893 of 2008…

Cr P C

During pendency of appeal bail allowed in the year 2006–The incident is 30 years old and after being released in 2006 on bail, it will not be proper to send the accused back to jail, more particularly, because nothing has been stated against him regarding his indulgence in any criminal activity–Sentence reduced to already undergone–Penal Code, 1860, Section 326. 

Jan 26, 2019 sclaw

2009(1) LAW HERALD (SC) 282 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice  V.S.Sirpurkar Criminal Appeal No.1833 of 2008 (Arising out…

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