Motor Vehicles Act, 1988 — Sections 166, 168 — Compensation — Assessment of annual income of a self-employed deceased (Insurance Agent) from Income Tax Returns — High Court had averaged the last four ITRs on record — Held, erroneous — Following the principles laid down in Rashmirekha Tripathy and Anr. v. The Branch Manager (Legal Claims), Sriram General Insurance Company Limited and Ors. [C.A. @ SLP(C) No.27220 of 2024, 2026 INSC 661], for a self-employed person the average of up to the previous three years’ ITRs, not four, is the appropriate reference point — A performance-linked spike in the income of an Insurance Agent in a particular year does not justify reaching back to an additional, earlier ITR to dilute that spike — On the facts, taking the average of the income for AY 2015-16 (Rs.4,03,180), AY 2016-17 (Rs.9,59,665) and AY 2017-18 (Rs.7,00,559), annual income assessed at Rs.6,87,802 — Compensation recomputed applying 25% addition for future prospects (age 49 years), 1/4th deduction for personal expenses, and a multiplier of 13, together with conventional heads (loss of estate, funeral expenses, consortium) — Total compensation enhanced to Rs.87,09,282 (as against Rs.49,77,000 awarded by the Tribunal and Rs.76,09,500 awarded by the High Court), with interest as awarded by the Tribunal — Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH RAJANI AND OTHERS Vs. MUKESH AND OTHERS ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ. ) Civil Appeal No…of 2026 (Arising out…
Civil Procedure Code, 1908 (CPC) — Order 23 Rule 3 — Compromise decree — Requirement of signature/voluntary authorisation — Compromise petition in a partition suit signed on behalf of defendant not personally but through counsel, absent express authorisation or exigent circumstance — Held, invalid — A compromise, to be lawful under Order XXIII Rule 3, must be in writing and signed by the parties themselves; a counsel or authorised representative may sign on a party’s behalf only where there is express authorisation in the vakalatnama or an exigency of circumstance justifying such action — In the absence of either, and there being nothing on record to show that defendant no.5 had authorised his counsel to compromise away his substantial rights in the suit property, the mandatory requirement of a voluntary, party-signed compromise under Order XXIII Rule 3 was not satisfied — The resultant compromise decree was accordingly contrary to law and rightly set aside.
2026 INSC 662 SUPREME COURT OF INDIA DIVISION BENCH KRISHNA KUMAR OJHA AND OTHERS Vs. JITENDRA CHAUDHARY AND OTHERS ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ. )…
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11(d) — Rejection of plaint — Suit barred by limitation — Suit for specific performance filed 38 years after an unregistered agreement to sell, seeking to enforce it — Held, plaint liable to be rejected — On a complete reading of the plaint, its foundation was the agreement to sell dated 21.08.1984, and no explanation was forthcoming for the respondents’ failure to institute a suit for execution of the conveyance deed for over three decades — Under Article 54 of the Limitation Act, 1963, the period of limitation for a suit for specific performance is three years — A litigant who remains silent for decades cannot be permitted to file such a suit as an afterthought in disregard of the law of limitation — Trial Court and High Court erred in rejecting the applications under Order VII Rule 11(d) CPC — Suit held to be an abuse of the process of court and barred by law — Orders of the Courts below set aside; appeal allowed.
2026 INSC 664 SUPREME COURT OF INDIA DIVISION BENCH SHOBHA VASANT BHOIR AND OTHERS Vs. SONI @ VANDANA GURUMUKHDAS JAGIASI AND OTHERS ( Before : Sanjay Karol and Nongmeikapam Kotiswar…
Gujarat Municipalities Act, 1963 — Gujarat Municipalities (Conduct of Elections) Rules, 1994 — Rule 7A(1) — Election affidavit — Non-disclosure of immovable property — Construction of Rule requiring disclosure of assets of “myself, my spouse and dependents” — Held, the comma after “myself” is a mere listing comma and does not create any distinction or exclusion — the word “of” governs all three categories collectively — a candidate is required to disclose immovable property held by the candidate, the spouse, and dependents, including property held solely by the spouse — The appellant’s failure to disclose property standing solely in her husband’s name accordingly amounted to non-disclosure in breach of the Rule.
2026 INSC 665 SUPREME COURT OF INDIA DIVISION BENCH CHANDRIKABEN KISHOR DAFDA Vs. STATE OF GUJARAT AND ANOTHER ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ. ) Criminal…
Remission — Premature release of life convicts — Applicable policy — Conflict between Haryana’s 2002 Policy (dated 12.4.2002) and 2008 Policy (dated 13.8.2008) — Source of power — Held, the 2002 Policy, being in substance and effect referable to Article 161 of the Constitution of India (papers to be routed to the Governor for orders), is constitutional in origin, notwithstanding that it does not expressly recite the source of power — The 2008 Policy, by contrast, expressly invokes Sections 432 and 433 of the Code of Criminal Procedure, 1973 and makes the Chief Minister the deciding authority, and is thus statutory in character — A policy traceable to a statute cannot override or supersede the exercise of the constitutional power under Article 161, that power being distinct, independent and uninfluenced by any statutory power — The purported “supersession” of the 2002 Policy by the 2008 Policy is accordingly untenable in law qua convicts governed by the 2002 Policy — Appellant held entitled to the benefit of the more liberal 2002 Policy.
2026 INSC 667 SUPREME COURT OF INDIA DIVISION BENCH PARVEEN KUMAR @ PARVEEN CHAUHAN Vs. STATE OF HARYANA AND OTHERS ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ.…
Insolvency and Bankruptcy Code, 2016 — Sections 7 and 14 — Corporate guarantee — Effect of demerger/amalgamation of corporate debtor — NCLT admission order under S. 7 relying on six judicial precedents to reject corporate guarantor’s plea that liability stood extinguished on demerger/amalgamation — NCLAT dismissing appeal and reproducing the same precedents — On independent verification by Supreme Court, found that of the six citations, one carried a wrong citation of an existing but different judgment together with a non-existent paragraph, three were altogether non-existent citations, and two, though correctly cited, contained paragraphs not traceable to the actual reported judgments — Held, the citations relied upon by NCLT were fake, non-existent or hallucinated, apparently AI-generated, and NCLAT failed to detect the fabrication — Orders of NCLT dated 28.08.2024 and NCLAT dated 11.09.2025 set aside — Section 7 application restored to its original number for fresh disposal strictly on merits, without expression of any opinion by the Supreme Court — NCLT directed to dispose of the application expeditiously, preferably within two weeks, with parties to maintain status quo in the interregnum.
2026 INSC 668 SUPREME COURT OF INDIA DIVISION BENCH POOJA RAMESH SINGH Vs. JAMMU AND KASHMIR BANK LTD. AND ANOTHER ( Before : Pamidighantam Sri Narasimha and Alok Aradhe, JJ.…
Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.
2026 INSC 656 SUPREME COURT OF INDIA DIVISION BENCH SHANKAR DUTT Vs. UNITED INDIA INSURANCE CO. LTD. AND OTHERS ( Before : Ujjal Bhuyan and N.V. Anjaria, JJ. ) Civil…
Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant.
2026 INSC 658 SUPREME COURT OF INDIA DIVISION BENCH MATHU ALIAS JAGDISH Vs. STATE OF UTTARAKHAND ( Before : Ujjal Bhuyan and Arun Palli, JJ. ) Criminal Appeal No. 2024…
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 154 — Transfer of land in contravention of ceiling limit — Not void ipso facto — Capable of ratification — Legality of transfer to be judged by law on date of execution — Sale deed executed on 04.06.1957 — Ceiling limit then was 30 acres, subsequently amended to 12.5 acres retrospectively from 01.07.1952 — Transfer in contravention of Section 154 not void but voidable at instance of Gaon Sabha coupled with liability for ejectment of transferee under Section 163 — No suit filed for ejectment within limitation period.
2026 INSC 652 SUPREME COURT OF INDIA DIVISION BENCH SARAFAT ALI (DECEASED) THROUGH LRS AND OTHERS Vs. DEPUTY DIRECTOR OF CONSOLIDATION HARIDWAR AND OTHERS ( Before : Prashant Kumar Mishra…