Supreme Court Daily Round-Up : September 25, 2025

Links of today's reports :'Day-to-Day Trial Practice Must Be Revived In Sensitive Cases' : Supreme Court Gives Guidelines To Courts On Speedy TrialStates Cannot Use Weapon Of Taxation To Discriminate Against Goods Imported From Other States : Supreme Court'Calling Judiciary Biggest Hurdle To Viksit Bharat Is Troubling': Senior Advocate Vikas Pahwa On Sanjeev Sanyal's Remarks'Duty-Free Import...

'Lawful' Patently Illegal International Commercial Arbitration Awards – A Dichotomy

Sub-Section 2A of Section 34 of the Arbitration & Conciliation Act, 1996, introduced on October 15, 2015, apparently on account of the presumed negative fallout of Oil and Natural Gas Corporation Ltd. v. Saw Pipes Ltd., (2003) 5 SCC 705 for foreign business entities in India and 246th Report of the Law Commission of India (August, 2014), makes a clear distinction between a Domestic Arbitration award and an International Commercial Arbitration award, when it comes to “Patent Illegality”,...

BBMB Has No Jurisdiction: Punjab Govt Tells High Court In Plea Challenging Release Of Extra Water To Haryana

The Punjab Government has submitted before the Punjab & Haryana High Court that the Bhakra Beas Management Board (BBMB) has no authority to release water beyond the share allocated to each state under binding agreements. The submission was made before Chief Justice Sheel Nagu and Justice Sanjiv Berry in a petition filed by the Punjab Government challenging the BBMB's April 23, 2025,...

Ex-CJI UU Lalit Criticises New Penal Law BNS For Not Making Rape Gender Neutral Offence, Says Adult Male Victims Left Remediless

Former Chief Justice of India UU Lalit criticised the Bharatiya Nyaya Sanhita, 2023 (BNS) for not making the offence of rape gender neutral as to the victim, even as it introduced gender-neutrality in several other offences.Speaking at a lecture organised by the Supreme Court Bar Association on “BNS 2023 and IPC 1860: Continuity, Change and Challenges,” Justice Lalit said the new law...

No Need For Pre-Cognizance Summons To Accused In S.138 NI Act Case : Supreme Court Issues Directions For Speedy Trial Of Cheque Bounce Cases

In a significant judgment, the Supreme Court held that an accused need not be heard at the pre-cognizance stage of complaints filed for dishonour of cheque as per Section 138 of the Negotiable Instruments Act.The Court agreed with the Karnataka High Court's judgment in Ashok Vs. Fayaz Aahmad, that there is no requirement to issue summons to the accused at the pre-cognizance stage under...

Employer Liable To Reimburse Customs Duty Paid By Contractor If Exemption Certificate Not Provided At Import Stage: HP High Court

The Himachal Pradesh High Court dismissed an appeal under section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) filed by Himachal Pradesh Power Corporation Ltd. (HPPCL) upholding an arbitral award in favour of Orange Business Service India Technology Pvt. Ltd. The court held that the failure to provide exemption certificate by employer at the time of importation of...

2025 LiveLaw (SC) 952 | SANJABIJ TARI v. KISHORE S. BORCAR & ANR

S.138 NI Act - Cheque Bounce Case Maintainable Even For Cash Loan Above ₹20,000 : Supreme Court Sets Aside Kerala High Court RulingNo Need For Pre-Cognizance Summons To Accused In S.138 NI Act Case : Supreme Court Issues Directions For Speedy Trial Of Cheque Bounce CasesSupreme Court Modifies Guidelines On Compounding Of Dishonour Cheque CasesS.138 NI Act | Accused In Cheque Dishonour...

Delhi Court Says Journalist Paranjoy Guha Thakurta Not Bound By Ex-Parte Gag Restraining Reports On Adani Group Till Fresh Orders

A Delhi Court on Thursday (September 25) said that journalist Paranjoy Guha Thakurta is not bound by the ex-parte gag order passed by a lower court restraining him from reporting on Adani Enterprises till fresh orders are passed by the Senior Civil Judge. District Judge Sunil Chaudhary of Rohini Courts said that Thakurta is "not liable to follow ex parte gag order restraining him from...

CBDT Extends Due Date For Filing Tax Audit Reports To 31st October

On 25th September, the Central Board of Direct Taxes extended the specified date for filing various audit reports for the Previous Year 2024-25 (Assessment Year 2025-26), from 30th September 2025 to 31st October 2025, for assesses referred to in clause (a) of Explanation 2 to sub-section (1) of section 139 of the Income Tax Act,1961.The extension was granted after the Board received...

Jharkhand High Court Strikes Down Levy Of “Composition User Fee” On Vehicles Carrying Minerals Weighing Over 9 Tonnes

The Jharkhand High Court has struck down the levy of “Composition User Fee” (CUF) by the State Government on mechanical vehicles transporting minerals weighing more than 9 tons under the Jharkhand Highways Fee (Determination of Rates and Collection) Amendment Rules, 2021 (2021 Rules) and its subsequent amendments, as unconstitutional and ultra vires the Indian Tolls Act, 1851...

S.138 NI Act - Cheque Bounce Case Maintainable Even For Cash Loan Above ₹20,000 : Supreme Court Sets Aside Kerala High Court Ruling

The Supreme Court on Thursday (September 25) set aside the judgment of the Kerala High Court which held that a debt created by a cash transaction above Rupees Twenty Thousand in violation of the Income Tax (IT) Act, 1961 cannot be considered as a "legally enforceable debt" under Section 138 of the Negotiable Instruments Act.A bench comprising Justice Manmohan and Justice NV Anjaria,...

'7202 NDPS Cases Pending': Kerala High Court Seeks State Govt's Stand On Establishment Of Special NDPS Courts

The Kerala High Court on Thursday (September 25) sought the state government's stand regarding establishment of Special NDPS Courts in all the judicial districts in Kerala.The Special Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji gave time to the government pleader to get instructions in this regard. The Bench was considering a batch of petitions addressing various issues,...