Showing 1213 articles
Losing Party Allowed to Seek Interim Relief Even After Arbitration Award: Supreme Court
The Supreme Court of India on 25 April 2026 delivered a landmark judgment interpreting Section 9 Arbitration and Conciliation Act 1996. The Court clarified that even a party who has lost in arbitration proceedings has the right to seek interim relief from courts. Background of the Case The matter arose from multiple…
Right to Speedy Trial Cannot Override Bail Conditions Under Section 37 NDPS Act: Supreme Court
The Supreme Court of India on 24 April 2026 delivered a significant ruling clarifying the relationship between Article 21 Constitution of India and Section 37 NDPS Act. The Court held that the right to speedy trial cannot override the strict bail conditions prescribed under the NDPS law, especially in cases involving…
‘Service Inam’ Land Attached to Mosque Is Wakf Property, Cannot Be Alienated: Supreme Court
The Supreme Court of India on 24 April 2026 delivered an important ruling on the nature of religious endowment properties. The Court clarified that lands granted as service inam to mosques fall under Wakf Property and cannot be sold, transferred, or alienated. Background of the Case The dispute related to a 3-acre…
Case Against Husband’s Family in Dowry-Bigamy Dispute Quashed, Lack of Specific Allegations Cited: Supreme Court
The Supreme Court of India on 24 April 2026 delivered an important ruling concerning misuse of criminal law in matrimonial disputes. The Court examined the scope of Section 498A IPC and Section 494 IPC and held that vague and general allegations are not sufficient to prosecute the relatives of a husband. Background of…
Plea Amendment Restored in Eviction Case, High Court Overstepped Under Article 227: Supreme Court
The Supreme Court of India delivered a significant judgment on 24 April 2026, clarifying the scope of Article 227 Constitution of India while dealing with amendment applications in civil cases. The Court held that High Courts cannot examine the merits of a case at the stage of deciding whether an amendment to a plaint…
School Ordered to Be Shut for Loan Default, Police Aid Directed for Takeover Under SARFAESI Act: Supreme Court
The case involved Chaitanya Public School and Junior College in Kolhapur, Maharashtra, where the management had defaulted on repayment of a loan exceeding ₹5 crore. The dispute arose after the secured creditor initiated recovery proceedings under the Securitisation and Reconstruction of Financial Assets and…
IBC Mechanism Not a Substitute for Decree Execution or Recovery Proceedings: Supreme Court
The case arose from a loan transaction in 2010, where the respondent-creditor advanced short-term loans of about ₹4.5 crore to the corporate debtor company. Over time, disputes emerged and the matter went through cheque dishonour proceedings under the Negotiable Instruments Act, 1881, followed by multiple settlement…
BCI Rule Amendment Allowing Bar Association Office Bearers to Contest Bar Council Elections Approved: Supreme Court
The matter arose from a challenge to the Bar Council of India (BCI) election rules of 2016, particularly Chapter III, which earlier barred office bearers of Bar Associations from contesting elections to State Bar Councils unless they first resigned from their Bar Association posts. Several writ petitions were filed…
Appellate Court Can Reverse or Modify Conviction Even Without Accused’s Appeal: Supreme Court
The Supreme Court of India has delivered an important judgment clarifying the wide powers of appellate courts under Section 386 CrPC (now Section 427 BNSS 2023). The Court held that even if the accused has not filed any appeal against conviction, the appellate court still has full authority to examine, modify, or even…
IBC Cannot Be Invoked as Substitute for Execution of Civil Decree: Supreme Court
The Supreme Court of India has delivered an important judgment explaining that the Insolvency and Bankruptcy Code cannot be used as a shortcut to recover money awarded through a civil court decree. In the case of Anjani Technoplast Ltd. versus Shubh Gautam, the Court clearly held that insolvency proceedings are meant…
