Issue for Consideration Issue arose whether in the light of the contents of the award, permitting the appellant to retain the money would tantamount to unjustly enriching the appellant; and did the respondent, satisfy the necessary parameters for obtaining relief u/s.9 of Act, 1996. Headnotes† Arbitration and Conciliation Act, 1996 – s.9 – Interim measures, etc., by Court – Memorandum of Understanding between the appellant and the respondent pursuant to which the respondent was provided Rs.3.5 crores as Mobilisation Advance
Issue for Consideration Issue arose as regards the need for institutionalization of the process of solid waste management; formulation of principles for determination of environmental compensation. Headnotes† Solid Waste Management Rules, 2026 – rr.18(1)-(3), 17(2) – Determination and imposition of – Principles formulated – Central Implementation Committee constituted vide Office Memorandum dtd.09.03.2026 – Under sub-rule 17(2), the Central Implementation Committee is mandated to prepare guidelines for imposition and collection of
Issue for Consideration Issue arose whether the acceptance of resignation of respondent- Assistant Registrar, by an officer holding additional charge of Vice-Chancellor and admittedly not the competent authority u/s.23(2)(ix) of the 2009 Act, stood validated by the subsequent ratification of the and whether the Division Bench of the High Court justified in upholding the acceptance of resignation of the respondent and the rejection of his request for withdrawal thereof. Headnotes† Delhi Technological University Act, 2009 – s.23(2)(ix) – Right of an employee to withdraw a
Issue for Consideration Whether a decision of a Court or adjudicating authority based on material which is fake and hallucinated is a valid decision or it amounts to subversion of the rule of law. Headnotes† Artificial Intelligence – Artificial Intelligence Hallucination – AI of adjudication – Tribunal relied on non-existent, fake and hallucinated material, generated through Artificial Intelligence (AI), as if it were a precedent in support of its judgment – Correctness: Held: Respondent No. 1 has filed an affidavit indicating that the alleged judgments
Issue for Consideration Whether the limitation u/s.34(3) of the Arbitration and Conciliation Act, 1996 would commence from the date of the original award or from the date on which the application u/s.33 came to be disposed of. Headnotes† Arbitration and Conciliation Act, 1996 – ss.33, Act, 1956 – ss.3A(1), 3G(1) – Acquisition of land by the Central Government – The Competent Authority determined the compensation – Appellant invoked Arbitration u/s.3G(1) – The Arbitrator passed an Award on 03.2.2022 by granting the benefit of ss.23(1- A), 23(2),
Issue for Consideration Issue arose as regards the denial of allotment of the fair price shop to the appellant-married daughter in her capacity as a dependent, since the appellant is a married daughter and not covered within the definition of ‘family’ as defined under Clause 2(p) of (IV)10 of the G.O. Headnotes† Essential Commodities Act, 1955 – s.3 – Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 – Clause 7(2)(i) – Appointment of fair price shop under dependent quota after death of dealer
509 : 2026 INSC 520 Vice Chancellor, Rajiv Gandhi National Aviation University v. Jitendra Singh & Ors. (Civil Appeal No. 8054 of 2026) 21 May 2026 [Pamidighantam Sri Narasimha and Alok Aradhe,* JJ] Issue for Consideration Issue arose as regards the exercise of power by the Visitor-President Act, 2013 – s.46(b) – Transitional provisions – Rajiv Gandhi National Aviation University, First Statute, 2016 – Statute No.28(1) – Removal of employees of University – President of India, being the Visitor of the University approved the appointment of the
584 : 2026 INSC 481 Narayana Health & Ors. v. The State of West Bengal & Ors. (Criminal Appeal No(s). 2461-2462 of 2026) 12 May 2026 [Pamidighantam Sri Narasimha and Alok Aradhe JJ.] Issue for Consideration Issue arose as regards the correctness of the order passed by the High Court both of whom are in a separate territorial jurisdiction than the Magistrate; and whether the allegations contained in the complaint prima facie disclose commission of a criminal offence. Headnotes† West Bengal Clinical Establishment (Registration, Regulation & Transparency)
Issue for Consideration Whether the depreciation under the applicable tariff regulations must necessarily be allowed over the entire technical useful life of an asset irrespective of the period during which the asset is actually utilised for supply of electricity; 2011 Regulations confers an absolute right upon the generating utility to recover entire capital cost over the useful life of the asset, even where the asset ceases to supply electricity to the consumer; whether the APTEL erred in law in disregarding the regulatory framework and approval
Issue for Consideration Issues arose inter alia as to whether in the Corporate Insolvency Resolution Process (CIRP) proceedings of the Corporate Debtor- Earth Infrastructures Limited, the assets of the land holding companies, i.e., subsidiary of the treated to be assets of the Corporate Debtor; whether assets of the subsidiary companies can be dealt with in CIRP of holding Company; whether the present is a fit case to lift the corporate veil. Headnotes† Insolvency and Bankruptcy Code, 2016 – CIRP of holding Company –
Issue for Consideration Whether, in the absence of a formal entry of the respondent no.1’s name in the register of members, he could nonetheless be regarded as a “member” of the appellant-company so as to invoke the jurisdiction of the Company Law Board u/ss.397 and 398 Act, 1956. Headnotes† Companies Act, 1956 – ss.2(27), 41, 397, 398, 399 – “member” – High Court and the Company Law Board upheld respondent no.1 as a deemed member of the company, entitled to maintain a petition u/ss.397 and 398 – Whether the
Issue for Consideration Issue pertains whether, despite an express designation of Srinagar as seat of arbitration, the conduct of proceedings and rendering of the award at New Delhi would confer jurisdiction upon courts at New Delhi; and the distinction between the seat and consequent determination of supervisory jurisdiction of the courts. Headnotes† Jammu & Kashmir Arbitration and Conciliation Act, 1997 – s.34 – Juridical seat of arbitration – Appellant engaged respondent- contractor for execution of road projects –
Issue for Consideration Whether the black listing order, in the instant case, suffers from patent infirmities; whether the blacklisting, being stigmatic and exclusionary in nature, can be imposed mechanistically. Headnotes† Contract – Termination – Blacklisting – contractor with the Water and Sanitation Department was contracted for construction of an Elevated Service Reservoir (ESR) by issuance of a Letter of Acceptance (LOA) on 06.03.2023 – During the subsistence of the contract, on 01.06.2024, the top dome of the reservoir collapsed –
Issue for Consideration Whether Sugarcane Growers Cooperative Societies, Bajpur and Gadarpur, situated in Udham Singh Nagar, District of Uttarakhand could be treated as Multi-State Cooperative Societies by operation of s.103 of Multi-State despite their prior reorganisation and confinement of their area of operations to a single State, under the statutory framework governing State reorganisation. Headnotes† Uttar Pradesh Reorganisation Act, 2000 – ss.87, 93 – Multi-State Cooperative Societies Act, 2002 –
Issue for Consideration Issue as regards the applicability of the judgments in S.Nithya to the cricket associations; applicability of BCCI Constitution to the Appellant-District Cricket Association. Headnotes† Sports – Cricket – Applicability of the judgments in S.Nithya to the cricket associations – Respondent no.2-ex-office bearer of the appellant-association filed writ petition seeking directions that the appellant should conduct a free and fair election after preparation of a fresh voters list and impugned the
Issue for Consideration Issue arose for consideration whether the benefit of arrears of disability pension can be restricted to three years prior to filing of the original applications before the tribunal. Headnotes† Armed Forces Tribunal Act, 2007 – Claim for arrears of disability pension – Benefit of arrears of disability pension, if can be restricted to three years prior to filing of the original applications before the tribunal: Held: Disability pension is grounded not merely in length of service, but in the impairment
Issue for Consideration Whether the disputes can be referred to arbitration or an arbitrator can be appointed when the very existence of arbitration agreement itself is seriously disputed on the allegations of forgery and fabrication; whether in the factual matrix of the case, the disputes to the arbitration u/s.8 of the Arbitration and Conciliation Act, 1996 and correspondingly whether the High Court was justified in declining the appointment of an arbitrator u/s.11 of the 1996 Act. Headnotes† Arbitration and Conciliation Act, 1996 – Impact of fraud on
Issue for Consideration Issue arose whether the expression ‘date of Notification’ mentioned in para 2 of the Notification No.38/2015-2020, issued under the Foreign Trade (Development and Regulation) Act, 1992 can be interpreted to mean any date, other than the date of its publication and Regulation) Act, 1992 – Notification No.38/2015-2020, para 2 – Interpretation of the expression ‘date of this Notification’ – Appellants entered into sale contracts with exporters from China and South Korea, and on 05.02.2016 opened irrevocable letters
Issue for Consideration Interpretation and implementation of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (BOCW Act) and the Building and Other Construction Workers’ Welfare Cess Act, 1996 (Cess Act); issue of the levy and BOCW Act and the Cess Act; whether cess was deductible irrespective of the constitution of Welfare Boards constituted under the BOCW Act; whether the BOCW Act and the Cess Act can be treated as ‘subsequent legislation’ for the purposes of the contracts entered into by NHAI with its
Issue for Consideration Issue pertains to the interpretation of Clause 2.2 of Deed of Undertaking executed between SREI-original creditor, which subsequently assigned all its rights and interests in favour of the appellant; ESL-borrower; and ECL-erstwhile promoter of ESL and obligor in and whether Clause 2.2 constitutes a contract of guarantee within the meaning of s.126 of the Contract Act, 1872 thereby rendering ECL as a guarantor to SREI in respect of financial facilities availed by ESL from SREI. Headnotes† Insolvency and Bankruptcy Code, 2016 –