Supreme court
IBC Moratorium Against Company Doesn't Bar Consumer Complaints Against Promoters, Directors : Supreme Court
The Supreme Court on Monday (July 27) observed that an operation of a moratorium under the Insolvency & Bankruptcy Code, 2016, against a residential project development company would not be a ground to reject the consumer complaints against its promoters/directors. “In the present case, Respondent No.1 alone is the corporate debtor against whom the CIRP has been initiated. No...
S. 38 BNSS | Advocate Of Accused Cannot Remain Present Throughout Police Interrogation : Supreme Court
Clarifying the scope of Section 38 of Bharatiya Nagarik Suraksha Sanhita, 2023, the Supreme Court on Monday (July 27) held that the provision entitles an arrested person to meet an advocate of choice during interrogation but does not contemplate continuous physical presence throughout the interrogation. “A plain reading of the provision makes it clear that the right guaranteed thereunder...
New Criminal Law Allows Police Custody Beyond First 15 Days : Supreme Court Explains S.187(2) BNSS
The Court explained that police custody can be sought in parts beyond first 15 days of remand subject to an aggregate of 15 days.
LiveLaw Supreme Court Half-Yearly Digest 2026 - ARREST & BAIL
Addition of Graver Offences — Procedure for Arrest — Where an accused is already on bail and new, more serious, cognizable, and non-bailable offences are added, the accused does not automatically lose their liberty but the court must apply its mind afresh. In such cases – i. The accused may surrender and apply for bail for the newly added offences; ii. The investigating agency must...
Art. 311(2) | Confirmed Public Servant Can't Be Terminated Over Alleged Illegal Appointment Without Inquiry: Supreme Court
The Supreme Court has ruled that a public servant whose service is confirmed cannot be terminated from the office merely because there was an alleged illegality in appointment. The Court said that a termination without holding a departmental inquiry would be violative of Article 311(2) of the Constitution. “Confirmation in service is not a mere administrative formality but it confers upon...
Know The Law | Factors To Be Considered While Sentencing A Convict? Supreme Court Explains
The Supreme Court laid down the set of principles which must necessarily guide the decision on sentencing. A bench of Justice Sanjay Karol and Justice Augustine George Masih laid down the following aspects which must be considered while deciding on sentencing: “(a) Be in accordance with the nature and gravity of the crime; (b) Adequately protect the interest of the society; (c) Take...
Supreme Court Directs Centre, CBSE To Amend APAAR Consent Form To Give Opt-Out/Refuse Option; Restricts Third-Party Sharing Of Data
The Court observed that the data must be collected and retained strictly in accordance with the Digital Personal Data Protection Act, 2023.
When Alteration Of Cheque Is Patently Clear, Further Evidence Not Necessary : Supreme Court Sets Aside S.138NI Act Conviction
The Supreme Court has set aside a conviction under Section 138 of the Negotiable Instruments Act, 1881 (NI Act), after finding that the cheque had been visibly and materially altered from Rs 10,000 to Rs. 1,10,000.A bench of Justice Sanjay Kumar and Justice Sanjeev Sachdeva allowed the appeal filed by the accused, holding that the High Court and the Trial Court have erred in calling...
Non-Mentioning Of Specific POCSO Provision Wasn't Material : Supreme Court Affirms Conviction
The Supreme Court has held that the failure of a trial court or a High Court to specifically mention sub-section (2) of Section 4 of the Protection of Children from Sexual Offences (POCSO) Act while convicting an accused did not vitiate the conviction or sentence, as the facts of the case clearly attract that provision..A bench of Justice Prashant Kumar Mishra and Justice Shree...
TRAI's Direction To Comply With Regulations Is Not 'Adjudication' : Supreme Court
The Supreme Court on Friday (July 24) held that a direction of the Telecom Regulatory Authority of India (TRAI) to comply with the provisions of the Act cannot be termed as 'adjudication' under the Telecom Regulatory Authority of India Act, 1997. “A direction to obey a regulation operates upon the regulated entity in the discharge of TRAI's regulatory function under Section 11(1)(b) read...
Supreme Court Monthly Round-Up: June, 2026
Judgments'Cost Of Demolition Catastrophic' : Supreme Court Rules Against Demolition Of Navi Mumbai Mall, Allows Regularisation On Cost PaymentCase: K. Raheja Corp. Private Limited v. State of Maharashtra & Ors.Citation : 2026 LiveLaw (SC) 575The Supreme Court held that demolition of a shopping mall and hotel built on a plot allotted through an irregular process would be against...
How Juvenile Justice Boards Should Conduct Preliminary Assessment Under S.15? Supreme Court Issues Guidelines
The Supreme Court has issued guidelines as to what factors should be considered by the Juvenile Justice Board while conducting preliminary assessment under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015. A bench of Justice JB Pardiwala and Justice Ujjal Bhuyan issued these guidelines while dismissing an appeal challenging the Patna High Court's ruling which...