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.
2025 INSC 1327 SUPREME COURT OF INDIA DIVISION BENCH SRI LAKSHMI HOTEL PVT. LIMITED AND ANOTHER Vs. SRIRAM CITY UNION FINANCE LTD. AND ANOTHER ( Before : J.B. Pardiwala and…
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.
2025 INSC 1326 SUPREME COURT OF INDIA FULL BENCH CONFEDERATION OF REAL ESTATE DEVELOPERS OF INDIA (CREDAI) Vs. VANASHAKTI AND ANOTHER ( Before : B.R. Gavai, CJI, Ujjal Bhuyan and…
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).
2025 INSC 1331 SUPREME COURT OF INDIA DIVISION BENCH TALLI GRAM PANCHAYAT Vs. UNION OF INDIA AND OTHERS ( Before : Pamidighantam Sri Narasimha and Atul S. Chandurkar, JJ. )…
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.
2025 INSC 1328 SUPREME COURT OF INDIA FULL BENCH ALL INDIA JUDGES ASSOCIATION AND OTHERS Vs. UNION OF INDIA AND OTHERS ( Before : B.R. Gavai, CJI, Surya Kant, Vikram…
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)
2025 INSC 1329 SUPREME COURT OF INDIA DIVISION BENCH RAJESWARI AND OTHERS Vs. SHANMUGAM AND ANOTHER ( Before : J.B. Pardiwala and K. V. Viswanathan, JJ. ) Civil Appeal No.…
Constitution of India, 1950 — Articles 14, 32, 136, 141, 142, 226, 227, 323-A, 323-B, 368 — Separation of powers — Judicial Independence — Constitutional Supremacy — Judicial Review — Tribunals Reforms Act, 2021 (Impugned Act) — Challenge to vires — The Impugned Act, which reproduces provisions previously struck down in Madras Bar Association v. Union of India (MBA) cases, is unconstitutional as it constitutes an impermissible legislative override of binding judicial pronouncements and violates the doctrine of constitutional supremacy, separation of powers, and judicial independence; the repetition of invalidated provisions without removing the underlying constitutional defects is impermissible; the principles of separation of powers and judicial independence are structural pillars of the Constitution and justiciable, not merely abstract ideas, especially concerning adjudicatory bodies.
2025 INSC 1330 SUPREME COURT OF INDIA DIVISION BENCH MADRAS BAR ASSOCIATION Vs. UNION OF INDIA AND ANOTHER ( Before : B.R. Gavai, CJI and K. Vinod Chandran, J. )…
Arbitration and Conciliation Act, 1996 — Execution of Arbitral Award — Letters Patent Appeal (LPA) — Maintainability — Code of Civil Procedure (CPC), 1908 — Order 21 Rule 22 — Execution proceedings against legal representatives — The Act is a self-contained code restricting judicial interference — An order passed by a Single Judge in the course of executing an arbitral award is traceable to the Act, not the CPC; therefore, a Letters Patent Appeal against such an order is not maintainable — Where execution is sought against entities/persons arrayed as executors/legal representatives of the deceased judgment debtor, they step into the shoes of the judgment debtor for limited execution purposes and cannot be treated as third parties to the arbitral award for the purpose of challenging maintainability of the appeal under the Act.
2025 INSC 1334 SUPREME COURT OF INDIA DIVISION BENCH BHARAT KANTILAL DALAL (DEAD) THROUGH LR. Vs. CHETAN SURENDRA DALAL AND OTHERS ( Before : Sanjay Kumar and Alok Aradhe, JJ.…
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) — Priority of Debts — Section 26E — When two enactments contain non-obstante clauses, the provision incorporated later in time prevails; however, if one enactment creates a statutory ‘first charge’, that charge prevails over the general ‘priority’ conferred by the later non-obstante clause — SARFAESI Act, Section 26E, conferring priority to secured creditors’ debts registered with the Central Registry, does not override the statutory ‘first charge’ created for Provident Fund dues under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.
2025 INSC 1335 SUPREME COURT OF INDIA DIVISION BENCH JALGAON DISTRICT CENTRAL COOP. BANK LTD. Vs. STATE OF MAHARASHTRA AND OTHERS ( Before : B. R. Gavai, CJI. and K.…
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing of criminal proceedings — Arms Act, 1959 — Section 13(2A) — Prosecution of public servant (IAS officer/District Magistrate) for alleged irregularities in issuing arms licenses and criminal conspiracy (Sections 109, 419, 420, 467, 468, 471, 120B IPC and Section 30 Arms Act) — Delay in investigation and sanction — Quashing justified where sanction is non-speaking and investigation is inordinately and unjustifiably delayed.
2025 INSC 1339 SUPREME COURT OF NDIA DIVISION BENCH ROBERT LALCHUNGNUNGA CHONGTHU @ R L CHONGTHU Vs. STATE OF BIHAR ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ.…
Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside.
2025 INSC 1269 SUPREME COURT OF INDIA DIVISION BENCH MOHAMED SAMEER KHAN Vs. STATE REPRESENTED BY INSPECTOR OF POLICE ( Before : Dipankar Datta and Augustine George Masih, JJ. )…