Forfeiture Of Earnest Money Given For Sale Agreement Impermissible When Buyer & Seller Are At Fault : Supreme Court

The Supreme Court observed that when both the buyer and seller were at fault in performance of a contract, it would be impermissible to order forfeiture of the earnest money deposited by the buyer, as it would unjustly enrich the seller. A Bench of Justices Vikram Nath and Sandeep Mehta heard the buyer's appeal against a Delhi High Court ruling which, while setting aside the trial court's...

Law Cannot Change With Change Of Bench; Coordinate Bench's Decision Binding : Supreme Court

While granting customs duty exemption to Adani Power for electricity from a Gujarat SEZ, the Supreme Court faulted the Gujarat High Court for violating the principle of stare decisis, holding that it wrongly ignored a binding coordinate bench ruling and reiterating that the law cannot change with a change in Bench. “The discipline of precedent is not a matter of personal predilection; it is...

Supreme Court Allows West Bengal Part-Time Teachers Seeking Equal Pay As Full-Time Teachers To Make Fresh Representation

Disposing of a contempt petition, the Supreme Court today allowed certain part-time teachers in the State of West Bengal to make a fresh representation before the School Education Department Secretary for pay parity with full-time teachers teaching in non-government aided higher secondary schools. It ordered that the competent authority shall pass a reasoned order on the representations within...

O 1 R 10 CPC | Plaintiff Is 'Dominus Litis', Can't Be Compelled To Add A Defendant In Suit : Supreme Court

The Supreme Court on Monday (January 5) dismissed a litigant's plea to be included as a defendant in the suit, stating that the plaintiff, being master of the suit, cannot be compelled to sue a party against whom no relief is claimed. “This apart, the respondent Nos.1 and 2 (plaintiffs) who have instituted the suit are dominus litis and it is for them to choose their adversaries. If they...

Supreme Court Grants Bail To Amtek Group Promoter Arvind Dham In Money Laundering Case

The Supreme Court today granted bail to Arvind Dham, promoter of the Amtek Group, in a money laundering case arising out of alleged bank fraud running into about Rs. 27,000 crores.A bench of Justice Sanjay Kumar and Justice Alok Aradhe allowed Dham's plea challenging the Delhi High Court's order refusing to grant him regular bail. The Court granted him bail on the ground of long incarceration...

Supreme Court Annual Digest 2025 - Quashing Of FIR

Section 138 N.I. Act – Dishonour of cheque – Liability of Director – Resignation before issuance of cheque – Quashing of complaint – Held, where the appellant had resigned from the post of Director prior to the issuance of post-dated cheques by the company, and the cheques were signed by another competent person, the appellant could not be held liable under Section 138 of...

In UAPA Bail Hearing, Defence Not To Be Considered; Only See If Prosecution Has Shown Prima Facie Case : Supreme Court

The Supreme Court, in denying bail to Umar Khalid and Sharjeel Imam in the Delhi riots conspiracy case, held that a bail hearing under the Unlawful Activities Prevention Act (UAPA) is not a forum for evaluating defences or weighing evidence. The Court's role, it ruled, is limited to determining whether the prosecution's material, taken at face value, prima facie discloses the...

Mere Participation In Arbitration Won't Bar Challenge To Arbitrator's Eligibility, Waiver Must Be "Express & In Writing" : Supreme Court

The Supreme Court has ruled that a party's involvement in arbitral proceedings does not, in itself, constitute a waiver of its right to object to an arbitrator's eligibility. The Court clarified that the right to object can only be waived by an express written agreement, rejecting any notion of a "deemed waiver" arising from conduct alone under Section 12(5) of the Arbitration &...

Insolvency & Bankruptcy Code: Important Judgments By Supreme Court In 2025

In this article, LiveLaw brings to you a summary of important judgments rendered by the Supreme Court in 2025 in connection with the Insolvency and Bankruptcy Code, 2016. The same are as follows:1. 'IBC A Complete Code' : Supreme Court Disapproves Of High Court Exercising Writ Jurisdiction To Interdict CIRPCase: Mohammed Enterprises (Tanzania) Ltd. v. Farooq Ali Khan & Ors. [Citation:...

UAPA | 'Terrorist Act' Not Confined To Conventional Violence; Includes Conspiracy To Disrupt Essential Supplies Through Any Means : Supreme Court

The Supreme Court today denied bail to Umar Khalid and Sharjeel Imam in the Delhi riots larger conspiracy on the grounds that prima facie, they were the architects of the alleged conspiracy. It granted bail to the other five accused persons-Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmad, reasoning that their roles were merely facilitative in nature.In...

Supreme Court Daily Round-Up : January 5, 2026

Links to today's reports :Supreme Court Denies Bail To Umar Khalid & Sharjeel Imam; Grants Bail To 5 Others In Delhi Riots Larger Conspiracy Case'No Disciplinary Action Against Judge For Mere Error In Judgment' : Supreme Court Sets Aside Dismissal Of Judicial OfficerBar Council Elections : Supreme Court Reduces Nomination Fee For Specially Abled Advocates, Asks BCI To Ensure...

Supreme Court Issues Directions To Curb False And Frivolous Complaints Against Judicial Officers

The Supreme Court today issued directions on how High Courts should deal with complaints made against judicial officers of the district judiciary, drawing a distinction between false and frivolous complaints and those found to be prima facie true.A bench of Justice JB Pardiwala and Justice KV Vishwanathan held that strict action must be taken against persons found to be filing or...