Supreme court
SARFAESI Proceedings Can Be Invoked Despite Earlier Decree Passed In DRT OA For Same Debt : Supreme Court
The Supreme Court has recently dismissed a writ petition filed under Article 32 of the Indian Constitution challenging the invocation of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) by an Asset Reconstruction Company (respondent), holding that the overriding effect of Section 35 of the SARFAESI Act permits such action even where an ex-parte decree already stands passed by the Debts Recovery Tribunal (DRT) for the same...
Know The Law | Why Supreme Court Did Not Follow 'Tarsem Singh' Precedent On Limiting Pension Arrear Claims?
The Supreme Court has recently ruled that a widow claiming family pension cannot be denied arrears merely because she approached the courts belatedly, where the delay was on account of her poverty, illiteracy, and the employer's own illegality. This ruling departs from the Supreme Court's earlier ruling in Union of India v Tarsem Singh (2008) 8 SCC 648 wherein the restricted arrears of pension...
Supreme Court Weekly Roundup: September 01, 2026 To September 06, 2026
JudgmentsIf Prosecution Fails To Examine Crucial Witness, Trial Court Must Question It : Supreme CourtCase Details: Anil Singh @ Anil Kumar Singh v. State of Bihar & Ors.Citation: 2026 LiveLaw (SC) 875The Supreme Court cautioned the trial courts to proceed with alacrity during trial, especially when there is a total failure of the prosecution for not conducting examination of the...
Know The Law | When Can Court Convict A Person For A Charge Not Framed? Supreme Court Explains
The Supreme Court has held that an accused charged with one category of offences can be convicted for uncharged offence by the Appellate or Revisional Courts', provided such offences are cognate or minor, and no failure of justice has been occasioned to the accused. “…in view of Section 464 of the Cr.PC, it is possible for the Appellate Court or Revisional Court to convict an accused...
Supreme Court Monthly Roundup: August 2026
JudgmentsIBC | PF Dues Protected, But Uncrystallised Interest & Damages Can Be Excluded From Resolution Plan: Supreme CourtCase Title: Employees Provident Fund Organisation v. Rachna Jhunjhunwala & Anr., Civil Appeal No. 9768 of 2026 @ Diary No. 18254 of 2026Citation : 2026 LiveLaw (SC) 749The Supreme Court held that unadjudicated claims for interest and damages under the...
LiveLaw Supreme Court Half-Yearly Digest: January-June 2026 [Part 3]
Motor Vehicles Act, 1988Motor Vehicles Act, 1988 - Conventional Heads – Omission of Filial Consortium – The Tribunal and High Court failed to award any amount under the head of consortium - Held: The Motor Vehicles Act is a beneficial legislation, and courts must ensure 'just compensation' is awarded even if a legitimate conventional head has been omitted below - The parents of the...
LiveLaw Supreme Court Half-Yearly Digest: January-June 2026 [Part 2]
Construction of DocumentsConstruction of Documents — Literal Rule vs. Purposive Construction — Supreme Court emphasized that a contract must first be constructed in its plain, ordinary, and literal meaning - If the words are clear, the intention of the parties must be derived directly from the text. Reliance on the ex-post facto conduct of parties (such as the lessor continuing to occupy...
Arbitration Clause In One Agreement Can Bind Party To Another Instrument Forming Part Of Composite Transaction: Supreme Court
The Supreme Court has held that where parties structure a single transaction through several interconnected instruments, an arbitration clause contained in one instrument can bind a party through another instrument that is expressly integrated with it, even if the latter instrument does not itself contain an arbitration clause. A Bench of Justice Pamidighantam Sri Narasimha and Justice...
Electricity Act | Past Dues Beyond Two Years Can Be Recovered Only If Continuously Shown As Arrear : Supreme Court
The Supreme Court has observed that ordinarily an electricity bill needs to be raised within two years of the consumption, and if the amount is sought to be recovered beyond the two-year limitation, then the said amount needs to be continuously treated as a recoverable arrear. A bench of Justice SVN Bhatti and Justice NV Anjaria dismissed the appeal of an Uttar Pradesh-based...
LiveLaw Supreme Court Half-Yearly Digest: January-June 2026 [Part 1]
Supreme Court Half Yearly Digest Jan - Jun, 2026Administrative LawAdministrative Law – Departure from Competitive Tendering – Requirement of Reasons – While competitive tendering is the ordinary method to secure public interest, any departure must be justified by rational and recorded reasons - Non-production of core records like tender documents and vouchers by the State is a...
Suit Not Maintainable To Recover Money Paid For Illegal Purpose, Must Be Rejected Under O VII R 11 CPC : Supreme Court
The Supreme Court has recently held that where a plaint itself discloses that the money sought to be recovered was paid for an illegal and fraudulent purpose, the suit is barred by the of in pari delicto and the plaint is liable to be rejected under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 (CPC).A bench of Justice Ahsanuddin Amanullah and Justice Manmohan ruled so while...







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