Contract Act, 1872 — Section 133 — Discharge of surety by variance in terms of contract — A variance made without the surety’s consent in the terms of the contract between the principal debtor and the creditor discharges the surety only with respect to transactions occurring subsequent to the variance. The surety remains liable for the original amount guaranteed.
2026 INSC 205 SUPREME COURT OF INDIA DIVISION BENCH BHAGYALAXMI CO-OPERATIVE BANK LTD. Vs. BABALDAS AMTHARAM PATEL (D) THROUGH LEGAL REPRESENTATIVES AND OTHERS ( Before : B.V. Nagarathna and Ujjal…
Insolvency and Bankruptcy Code, 2016 — Committee of Creditors (CoC) — Commercial Wisdom — Legislative intent to vest decisive authority in CoC, which comprises financial creditors who bear economic consequences of failure — Decisions on viability, valuation, and haircuts are commercial, not judicial — Courts do not substitute their assessment for that of the CoC — Adjudicatory authority performs a supervisory role, ensuring statutory compliance and procedural fairness, but refrains from second-guessing economic bodies.
2026 INSC 206 SUPREME COURT OF INDIA DIVISION BENCH TORRENT POWER LTD. Vs. ASHISH ARJUNKUMAR RATHI AND OTHERS ( Before : B.V. Nagarathna and R. Mahadevan, JJ. ) Civil Appeal…
Kerala Technical Education Service (Amendment) Rules, 2004 — Rule 6A — Exemption from PhD requirement — Rule 6A(i) and (ii) — Validity — Supreme Court judgment in Christy James Jose v. State of Kerala (2016) held appointments not contrary to AICTE qualifications and Special Rule 6-A(2) in tune with AICTE Notification dated 18-2-2003 — AICTE Regulations on qualifications are binding on State Rules to the extent of repugnancy — Rule 6A had no application after 05-03-2010 when AICTE issued new regulations mandating PhD for promotion to Professor, Associate Professor, and Principal posts.
2026 INSC 207 SUPREME COURT OF INDIA DIVISION BENCH DR. JIJI K.S. AND OTHERS Vs. SHIBU K AND OTHERS ( Before : Dipankar Datta and Aravind Kumar, JJ. ) Civil…
Motor Vehicles Act, 1988 — Compensation — Deduction of amounts received under Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2006 — Supreme Court clarifies that only benefits directly replacing lost income are deductible from compensation awarded under the Motor Vehicles Act. Other benefits, such as pensions or life insurance, remain unaffected.
2026 INSC 188 SUPREME COURT OF INDIA DIVISION BENCH RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. KANIKA AND OTHERS ( Before : Sanjay Karol and Augustine George Masih, JJ. ) Civil…
Insolvency and Bankruptcy Code, 2016 — Section 7 — Adjudicating authority must satisfy itself that a financial debt exists and there is a default — Pre-existing dispute is not a bar to admitting an application by a financial creditor under Section 7, unlike in the case of an operational creditor under Section 9.
2026 INSC 186 SUPREME COURT OF INDIA DIVISION BENCH CATALYST TRUSTEESHIP LTD. Vs. ECSTASY REALTY PVT. LTD. ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. ) Civil Appeal…
Companies Act, 1956 — Insolvency and Bankruptcy Code, 2016 (IBC) — Section 238 (IBC) — Overriding effect of IBC — Scheme of arrangement (SOA) under Companies Act vs. Corporate Insolvency Resolution Process (CIRP) under IBC — Delay and non-compliance with statutory timelines in the SOA process renders it defunct — IBC provisions prevail over inconsistent provisions in other laws — Adjudicating Authority under IBC can initiate CIRP even if SOA proceedings are pending, especially if SOA is defunct.
2026 INSC 189 SUPREME COURT OF INDIA DIVISION BENCH OMKARA ASSETS RECONSTRUCTION PRIVATE LIMITED. Vs. AMIT CHATURVEDI AND OTHERS ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. )…
Prohibition of Benami Property Transactions Act, 1988 vs. Insolvency and Bankruptcy Code, 2016 — Jurisdiction — Orders passed under Benami Act cannot be questioned before authorities under IBC — NCLT lacks jurisdiction to entertain challenges to provisional attachment orders under Benami Act — Remedy lies exclusively before competent forum under Benami Act — IBC cannot be converted into a parallel appellate forum to review validity of attachment orders under specialised enactment — Doing so would render appellate machinery of Benami Act otiose.
2026 INSC 187 SUPREME COURT OF INDIA DIVISION BENCH S. RAJENDRAN Vs. THE DEPUTY COMMISSIONER OF INCOME TAX (BENAMI PROHIBITION) AND OTHERS ( Before : Pamidighantam Sri Narasimha and Atul…
Maharashtra Co-operative Societies Act, 1960 — Section 98 — Recovery Certificate — Sale under Section 98 — Mandatory Deposit — Rule 107(11)(h) of Maharashtra Co-operative Societies Rules, 1961 — Deposit of entire auction amount within 15 days of auction date is a mandatory condition — Failure amounts to void sale — Bank did not raise objection and accepted deposit after 15 days — Such acceptance does not waive the mandatory condition — Sale was void as the entire amount was not deposited within the stipulated period.
2026 INSC 197 SUPREME COURT OF INDIA DIVISION BENCH M/S. ADISHAKTI DEVELOPERS AND OTHERS Vs. THE STATE OF MAHARASTRA AND OTHERS ( Before : Pamidighantam Sri Narasimha and Manoj Misra,…
Prisoner Rights — Human Dignity and Rights — The strength of a constitutional democracy is tested not merely by the liberties it guarantees abstractly, but by the manner in which it treats those at its margins — Prisons, though instruments of lawful confinement, are not spaces where constitutional values cease to operate — The guarantee of life and personal dignity under Article 21 of the Constitution of India extends beyond prison gates, obliging the State to ensure that incarceration does not degenerate into inhumanity — Overcrowded prisons, bereft of humane living conditions and rehabilitative avenues, strike at the very core of this constitutional promise and call for sustained institutional response rather than sporadic remedial measures.
2026 INSC 198 SUPREME COURT OF INDIA DIVISION BENCH SUHAS CHAKMA Vs. UNION OF INDIA AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Writ Petition (C)…
Insolvency and Bankruptcy Code (IBC), 2016 — Sections 7 and 60(2) — Corporate Insolvency Resolution Process (CIRP) — Initiation against principal debtor and guarantor — Co-extensive liability — Creditor can initiate CIRP against both the principal debtor and guarantor simultaneously, and also file claims in the CIRP of both.
2026 INSC 201 SUPREME COURT OF INDIA DIVISION BENCH ICICI BANK LIMITED AND OTHERS Vs. ERA INFRASTRUCTURE (INDIA) LIMITED AND OTHERS ( Before : Dipankar Datta and Augustine George Masih,…