Supreme court
IBC | NCLT Not To Examine If 'Pre-Existing Dispute' Will Succeed While Considering S.9 Application Of Operational Creditor : Supreme Court
The Supreme Court has reiterated that it is impermissible for the adjudicating authority under the Insolvency & Bankruptcy Code to examine the merits of the dispute while considering an application for CIRP under Section 9 by an operational creditor. It added that once the authority is satisfied that there exists a plausible pre-existing dispute, the Section 9 application would...
Right To Contest Co-operative Society Elections Subject To Statutory Limitations : Supreme Court
The Supreme Court recently reiterated that neither the right to vote nor the right to contest an election is a fundamental right. The two rights are distinct from each other, and the right to contest is subject to stricter regulations, such as, in terms of qualifications, disqualifications, and institutional requirements.A bench of Justices BV Nagarathna and R Mahadevan made the observation...
Supreme Court Daily Round-Up : April 10, 2026
Links to reports of April 10 :Court Cannot Substitute Its Decision In Place Of Authority's Discretion : Supreme Court Sets Aside Direction To GovernorTitle Suit Hit By 'Constructive Res Judicata' If Plaintiff Omitted It In Earlier Injunction Suit Where Title Was Disputed : Supreme CourtWest Bengal SIR | Supreme Court To Consider 'Freezing Date' Issue For Pending Appeals On April 13'Don't Rush...
Granting Pensioners Lower Dearness Relief Than Employees' DA Is Arbitrary, Violates Article 14: Supreme Court
The Supreme Court on Friday (April 10) observed that granting higher dearness allowance (DA) to serving employees than dearness relief (DR) to pensioners is arbitrary and violates Article 14, ruling that both benefits share a common objective, i.e., neutralising the impact of inflation. A bench of Justices Manoj Misra and Prasanna B Varale dismissed appeals filed by the State of Kerala and...
General Reference To Tender Document Containing Arbitration Clause Will Not Amount To Its Incorporation In Contract : Supreme Court
The Supreme Court has reiterated that a general reference in a Letter of Intent to an arbitration clause contained in a tender document cannot form a valid arbitration clause to seek an appointment of an arbitrator.A Bench of Justice J.K. Maheshwari and Justice Atul S. Chandurkar set aside a Bombay High Court order that had appointed an arbitrator in a construction dispute. The High Court...
Title Suit Hit By 'Constructive Res Judicata' If Plaintiff Omitted It In Earlier Injunction Suit Where Title Was Disputed : Supreme Court
The Supreme Court clarified on Thursday (April 9) that a subsequent suit for declaration of title would be barred under Explanation IV to Section 11 CPC (constructive res judicata) if the plaintiff had omitted to seek title declaration in the earlier suit for permanent injunction where title was under dispute.The Court held that since the claim to title could and should have been raised in...
Supreme Court Daily Round-Up : April 9, 2026
Links to today's reports :'Matrimonial Battle Of Mahabharata', Supreme Court Dissolves 10-Year Estranged Marriage, Quashes 80+ Cases Between CoupleMotor Accident Claim | Insurance Company Impleaded As Party Can Raise All Grounds, Contest Quantum Of Compensation : Supreme Court'Forest Guard Run Over In Chambal Sanctuary While Attempting To Stop Tractor Carrying Sand': Amicus Tells...












