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Constitution of India, 1950 — Article 21 — Right to Life and Healthy Environment — Environmental Degradation: Pollution of Jojari, Bandi, and Luni Rivers in Rajasthan due to untreated industrial effluents and municipal sewage threatens the lives of 2 million people and the ecosystem — This constitutes a gross dereliction of constitutional duty and a direct constitutional injury — The right to a healthy environment, including pollution-free water and air, is an indispensable facet of the right to life under Article 21, reinforced by Articles 48A and 51A(g) — Judicial intervention is warranted when environmental degradation strikes at the foundation of these guarantees. (Paras 3, 10, 11, 12, 13, 15, 28) Arbitration and Conciliation Act, 1996 — Section 11(6), Section 11(12)(a), Section 2(1)(f), Section 2(2) — Applicability of Part I, including Section 11, to International Commercial Arbitration (ICA) — Dispute arising from a Buyer and Seller Agreement (BSA) where Respondent No. 1 is foreign company (incorporated in Benin) — BSA stipulates arbitration “will take place in Benin” and is governed by laws of Benin — Held: Dispute is an ICA under Section 2(1)(f) — Under Section 2(2), Part I of the Act applies only where the place of arbitration is in India — Designation of Benin as the place of arbitration, coupled with choice of Benin law as governing/curial law, unequivocally establishes Benin as the juridical seat — Indian Courts lack jurisdiction under Section 11 to appoint an arbitrator for a foreign-seated arbitration — Petition seeking appointment of an arbitrator in India is fundamentally misconceived and legally untenable. (Paras 2, 23, 24, 25, 26, 30) Government Contracts and Tenders — Letter of Intent (LoI) — Legal Nature — An LoI is ordinarily a precursor to a contract, indicating intent to enter into a future agreement, but does not itself create a concluded contract or vested, enforceable rights unless the necessary preconditions are satisfied — A bidder’s commercial expectation that a contract will follow an LoI is not a juridical entitlement — If the LoI explicitly stipulates conditions precedent (like compatibility testing, live demonstration, and cost disclosure) before execution of an agreement/final award letter, the LoI remains provisional and conditional until such prerequisites are met. (Paras 12, 14, 15, 16, 17, 18, 19 Insolvency and Bankruptcy Code, 2016 (IBC) — Section 7 — Application by Financial Creditor — Rejection for technical defects — Affidavit Verification — Whether an application under Section 7 of the IBC, verified later than the date of the supporting affidavit, is liable to be rejected at the threshold — Mere filing of a ‘defective’ affidavit (e.g., dated before application verification) does not render the Section 7 application non est and liable to be rejected; such a defect is curable and not fundamental. (Paras 1, 17) Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing of criminal proceedings — Scope — Principles for quashing FIR or complaint under Section 482 CrPC, including where allegations, taken at face value, do not constitute any offence, or where the proceeding is manifestly attended with mala fide or maliciously instituted with an ulterior motive (referring to State of Haryana vs. Bhajan Lal) — High Court error in refusing to quash proceedings despite clear absence of ingredients for the alleged offences. (Paras 12, 17, 25, 26, 27)
Constitution Environment

Constitution of India, 1950 — Article 21 — Right to Life and Healthy Environment — Environmental Degradation: Pollution of Jojari, Bandi, and Luni Rivers in Rajasthan due to untreated industrial effluents and municipal sewage threatens the lives of 2 million people and the ecosystem — This constitutes a gross dereliction of constitutional duty and a direct constitutional injury — The right to a healthy environment, including pollution-free water and air, is an indispensable facet of the right to life under Article 21, reinforced by Articles 48A and 51A(g) — Judicial intervention is warranted when environmental degradation strikes at the foundation of these guarantees. (Paras 3, 10, 11, 12, 13, 15, 28)

Nov 30, 2025 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 11(6), Section 11(12)(a), Section 2(1)(f), Section 2(2) — Applicability of Part I, including Section 11, to International Commercial Arbitration (ICA) — Dispute arising from a Buyer and Seller Agreement (BSA) where Respondent No. 1 is foreign company (incorporated in Benin) — BSA stipulates arbitration “will take place in Benin” and is governed by laws of Benin — Held: Dispute is an ICA under Section 2(1)(f) — Under Section 2(2), Part I of the Act applies only where the place of arbitration is in India — Designation of Benin as the place of arbitration, coupled with choice of Benin law as governing/curial law, unequivocally establishes Benin as the juridical seat — Indian Courts lack jurisdiction under Section 11 to appoint an arbitrator for a foreign-seated arbitration — Petition seeking appointment of an arbitrator in India is fundamentally misconceived and legally untenable. (Paras 2, 23, 24, 25, 26, 30)

Nov 30, 2025 sclaw
Constitution of India, 1950 — Article 21 — Right to Life and Healthy Environment — Environmental Degradation: Pollution of Jojari, Bandi, and Luni Rivers in Rajasthan due to untreated industrial effluents and municipal sewage threatens the lives of 2 million people and the ecosystem — This constitutes a gross dereliction of constitutional duty and a direct constitutional injury — The right to a healthy environment, including pollution-free water and air, is an indispensable facet of the right to life under Article 21, reinforced by Articles 48A and 51A(g) — Judicial intervention is warranted when environmental degradation strikes at the foundation of these guarantees. (Paras 3, 10, 11, 12, 13, 15, 28)
Constitution Environment
Constitution of India, 1950 — Article 21 — Right to Life and Healthy Environment — Environmental Degradation: Pollution of Jojari, Bandi, and Luni Rivers in Rajasthan due to untreated industrial effluents and municipal sewage threatens the lives of 2 million people and the ecosystem — This constitutes a gross dereliction of constitutional duty and a direct constitutional injury — The right to a healthy environment, including pollution-free water and air, is an indispensable facet of the right to life under Article 21, reinforced by Articles 48A and 51A(g) — Judicial intervention is warranted when environmental degradation strikes at the foundation of these guarantees. (Paras 3, 10, 11, 12, 13, 15, 28)
Arbitration and Conciliation Act, 1996 — Section 11(6), Section 11(12)(a), Section 2(1)(f), Section 2(2) — Applicability of Part I, including Section 11, to International Commercial Arbitration (ICA) — Dispute arising from a Buyer and Seller Agreement (BSA) where Respondent No. 1 is foreign company (incorporated in Benin) — BSA stipulates arbitration “will take place in Benin” and is governed by laws of Benin — Held: Dispute is an ICA under Section 2(1)(f) — Under Section 2(2), Part I of the Act applies only where the place of arbitration is in India — Designation of Benin as the place of arbitration, coupled with choice of Benin law as governing/curial law, unequivocally establishes Benin as the juridical seat — Indian Courts lack jurisdiction under Section 11 to appoint an arbitrator for a foreign-seated arbitration — Petition seeking appointment of an arbitrator in India is fundamentally misconceived and legally untenable. (Paras 2, 23, 24, 25, 26, 30)
Arbitration
Arbitration and Conciliation Act, 1996 — Section 11(6), Section 11(12)(a), Section 2(1)(f), Section 2(2) — Applicability of Part I, including Section 11, to International Commercial Arbitration (ICA) — Dispute arising from a Buyer and Seller Agreement (BSA) where Respondent No. 1 is foreign company (incorporated in Benin) — BSA stipulates arbitration “will take place in Benin” and is governed by laws of Benin — Held: Dispute is an ICA under Section 2(1)(f) — Under Section 2(2), Part I of the Act applies only where the place of arbitration is in India — Designation of Benin as the place of arbitration, coupled with choice of Benin law as governing/curial law, unequivocally establishes Benin as the juridical seat — Indian Courts lack jurisdiction under Section 11 to appoint an arbitrator for a foreign-seated arbitration — Petition seeking appointment of an arbitrator in India is fundamentally misconceived and legally untenable. (Paras 2, 23, 24, 25, 26, 30)
Government Contracts and Tenders — Letter of Intent (LoI) — Legal Nature — An LoI is ordinarily a precursor to a contract, indicating intent to enter into a future agreement, but does not itself create a concluded contract or vested, enforceable rights unless the necessary preconditions are satisfied — A bidder’s commercial expectation that a contract will follow an LoI is not a juridical entitlement — If the LoI explicitly stipulates conditions precedent (like compatibility testing, live demonstration, and cost disclosure) before execution of an agreement/final award letter, the LoI remains provisional and conditional until such prerequisites are met. (Paras 12, 14, 15, 16, 17, 18, 19
Tenders
Government Contracts and Tenders — Letter of Intent (LoI) — Legal Nature — An LoI is ordinarily a precursor to a contract, indicating intent to enter into a future agreement, but does not itself create a concluded contract or vested, enforceable rights unless the necessary preconditions are satisfied — A bidder’s commercial expectation that a contract will follow an LoI is not a juridical entitlement — If the LoI explicitly stipulates conditions precedent (like compatibility testing, live demonstration, and cost disclosure) before execution of an agreement/final award letter, the LoI remains provisional and conditional until such prerequisites are met. (Paras 12, 14, 15, 16, 17, 18, 19
Insolvency and Bankruptcy Code, 2016 (IBC) — Section 7 — Application by Financial Creditor — Rejection for technical defects — Affidavit Verification — Whether an application under Section 7 of the IBC, verified later than the date of the supporting affidavit, is liable to be rejected at the threshold — Mere filing of a ‘defective’ affidavit (e.g., dated before application verification) does not render the Section 7 application non est and liable to be rejected; such a defect is curable and not fundamental. (Paras 1, 17)
I B C
Insolvency and Bankruptcy Code, 2016 (IBC) — Section 7 — Application by Financial Creditor — Rejection for technical defects — Affidavit Verification — Whether an application under Section 7 of the IBC, verified later than the date of the supporting affidavit, is liable to be rejected at the threshold — Mere filing of a ‘defective’ affidavit (e.g., dated before application verification) does not render the Section 7 application non est and liable to be rejected; such a defect is curable and not fundamental. (Paras 1, 17)
Constitution

Service Law—Sporting a beard—Muslim Airman—Religion of personnel does not prohibit the cutting off the hair or shaving off the face of its members-Permission held to be rightly declined, Service Law-Sporting of beard-Armed Forces-Appellant, an Airman belonging to Muslim Religion sought permission to sport a broad on religious grounds-Permission declined-Order upheld-Held;

Aug 9, 2017 sclaw

2017(1) Law Herald (SC) 351 : 2016 LawHerald.Org 2533 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice T.S. Thakur The Hon’ble Mr. Justice D.Y. Chandrachud The…

Dying Declaration

Dying Declaration—A valid dying declaration maybe made without obtaining a certificate fitness of the declaration by medical officer. Abetment of Suicide—Eve teasing—Active acts of the accused have led the deceased to put an end to her life as accused has played active role in tarnishing the self-esteem and self respect of the victim—Accused convicted.

Aug 8, 2017 sclaw

2017(2) Law Herald (SC) 1303 : 2017 LawHerald.Org 891 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice A.M. Khanwilkar The Hon’ble…

Cheque Dishonour

Dishonour of Cheque—Second notice is of no relevance and could be construed as reminder notice only. Dishonour of Cheque—Deemed Service—Once notice is sent by registered post by correctly addressing to the drawer of the cheque, the service of notice is deemed to have been effected.

Aug 8, 2017 sclaw

2017(2) Law Herald (SC) 1292 : 2017 LawHerald.Org 902 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice N. V. Ramana The Hon’ble Mr. Justice Prafulla C. Pant…

Contempt

Contempt of Courts Act, 1971, S.12–Willful Disobedience-Court has to grant an opportunity to the appellant to file his reply and on the reply being filed, the appellant may be heard and only thereafter, the Court may form an opinion as to whether the Court should proceed or not against the appellant for Contempt of

Aug 5, 2017 sclaw

2017(1) Law Herald (SC) 336 : 2017 LawHerald.Org 593 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Kurian Joseph The Hon’ble Mr. Justice A. M. Khanwilkar Civil…

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Constitution Environment

Constitution of India, 1950 — Article 21 — Right to Life and Healthy Environment — Environmental Degradation: Pollution of Jojari, Bandi, and Luni Rivers in Rajasthan due to untreated industrial effluents and municipal sewage threatens the lives of 2 million people and the ecosystem — This constitutes a gross dereliction of constitutional duty and a direct constitutional injury — The right to a healthy environment, including pollution-free water and air, is an indispensable facet of the right to life under Article 21, reinforced by Articles 48A and 51A(g) — Judicial intervention is warranted when environmental degradation strikes at the foundation of these guarantees. (Paras 3, 10, 11, 12, 13, 15, 28)

Nov 30, 2025 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 11(6), Section 11(12)(a), Section 2(1)(f), Section 2(2) — Applicability of Part I, including Section 11, to International Commercial Arbitration (ICA) — Dispute arising from a Buyer and Seller Agreement (BSA) where Respondent No. 1 is foreign company (incorporated in Benin) — BSA stipulates arbitration “will take place in Benin” and is governed by laws of Benin — Held: Dispute is an ICA under Section 2(1)(f) — Under Section 2(2), Part I of the Act applies only where the place of arbitration is in India — Designation of Benin as the place of arbitration, coupled with choice of Benin law as governing/curial law, unequivocally establishes Benin as the juridical seat — Indian Courts lack jurisdiction under Section 11 to appoint an arbitrator for a foreign-seated arbitration — Petition seeking appointment of an arbitrator in India is fundamentally misconceived and legally untenable. (Paras 2, 23, 24, 25, 26, 30)

Nov 30, 2025 sclaw
Tenders

Government Contracts and Tenders — Letter of Intent (LoI) — Legal Nature — An LoI is ordinarily a precursor to a contract, indicating intent to enter into a future agreement, but does not itself create a concluded contract or vested, enforceable rights unless the necessary preconditions are satisfied — A bidder’s commercial expectation that a contract will follow an LoI is not a juridical entitlement — If the LoI explicitly stipulates conditions precedent (like compatibility testing, live demonstration, and cost disclosure) before execution of an agreement/final award letter, the LoI remains provisional and conditional until such prerequisites are met. (Paras 12, 14, 15, 16, 17, 18, 19

Nov 30, 2025 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 (IBC) — Section 7 — Application by Financial Creditor — Rejection for technical defects — Affidavit Verification — Whether an application under Section 7 of the IBC, verified later than the date of the supporting affidavit, is liable to be rejected at the threshold — Mere filing of a ‘defective’ affidavit (e.g., dated before application verification) does not render the Section 7 application non est and liable to be rejected; such a defect is curable and not fundamental. (Paras 1, 17)

Nov 30, 2025 sclaw