Latest Updates

Posted On: 09-06-2026
105. (P&H HC) (Reserved on: 21.04.2026 Decided on: 02.06.2026)

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MACT – Assessment of Income -- In absence of documentary proof, realistic assessment based on nature of work, prevailing minimum wages and surrounding circumstances permissible.

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MACT – Medical Expenses -- Strict proof of every expenditure not necessary where prolonged treatment established.

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MACT -- Interest awarded by Tribunal @ 7.5% per annum held not just and equitable -- Enhanced to 9% per annum from date of claim petition till realization, and to 12% per annum in case of default in payment within three months.

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A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Fatal accident claim -- Assessment of compensation -- Deceased aged 34 years -- Claimants failed to produce documentary proof of income -- Tribunal assessed income at Rs.4,200/- per month -- Held, in absence of documentary proof of income, Court may make realistic assessment having regard to nature of avocation, prevailing minimum wages and surrounding circumstances -- Income reassessed at Rs.5,000/- per month -- Addition of 40% towards future prospects, deduction of one-fourth towards personal expenses and multiplier of 16 applied -- Tribunal awarded Rs.6,49,800/- -- Claimants entitled to spousal, parental and filial consortium -- Compensation under conventional heads and medical expenses enhanced -- Total compensation recomputed at Rs.13,36,000/- -- Enhanced compensation of Rs.6,86,200/- awarded.

(Paras 6-11)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Medical expenses -- Tribunal awarding Rs.25,000/- on basis of bills produced -- Evidence showing deceased remained under treatment for considerable period -- Held, strict insistence on production of every bill, receipt or voucher would be unrealistic -- Compensation towards medical and allied expenses enhanced to Rs.1,00,000/-.

(Para 9)

C. Motor Vehicles Act, 1988 (59 of 1988), Section 171 -- Interest -- Tribunal awarding interest @ 7.5% per annum -- Held, rate awarded neither just nor equitable -- Interest enhanced to 9% per annum from date of institution of claim petition till realization -- In default of payment within three months, compensation to carry interest @ 12% per annum from expiry of said period till actual payment.

(Para 11)

Posted On: 09-06-2026
106. (P&H HC) (Reserved on: 21.04.2026 Decided on: 02.06.2026)

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MACT – Contributory Negligence -- Absence of driving licence by itself does not establish contributory negligence.

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MACT – Interest -- Enhanced from 7.5% to 9% per annum as rate awarded by Tribunal held not just and equitable.

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A. Motor Vehicles Act, 1988, Section 166 -- Contributory negligence -- Deceased not possessing valid driving licence -- Tribunal attributing 30% contributory negligence solely on ground of non-possession of licence -- Eye-witness, FIR and police report establishing that offending motorcycle came on wrong side and caused accident -- No evidence that deceased contributed to occurrence -- Mere absence, fake or invalid driving licence does not by itself establish negligence nor justify finding of contributory negligence unless nexus between absence of licence and accident is proved -- Finding of 30% contributory negligence set aside -- Accident held to have occurred solely due to rash and negligent driving of offending vehicle.

(Paras 6-6.2)

B. Motor Vehicles Act, 1988, Section 166 -- Fatal accident claim -- Assessment of compensation -- Monthly income assessed on basis of minimum wages in absence of documentary proof of earnings -- Deceased aged 35 years leaving behind six dependents -- Addition of 50% towards future prospects, deduction of one-fourth towards personal expenses and application of multiplier of 16 upheld -- Claimants entitled to consortium, funeral expenses and loss of estate in accordance with settled principles -- Compensation reassessed at Rs.13,17,600/- as against Rs.7,44,520/- awarded by Tribunal.

(Paras 7-10)

C. Motor Vehicles Act, 1988, Sections 166 and 171 -- Interest -- Tribunal granting interest @ 7.5% per annum -- Held, rate not just and equitable -- Interest enhanced to 9% per annum from date of institution of claim petition till realization -- In default of payment within three months, enhanced compensation to carry interest @ 12% per annum thereafter.

(Para 11)

Posted On: 09-06-2026
107. (SC) (Decided on: 29.05.2026)

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FIR – Quashing -- Delay in lodging FIR by itself not a ground for quashing.

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FIR – Quashing -- Allegation of political motivation not by itself a ground for interference at threshold.

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A. Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), Section 528 -- Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), Sections 109(1), 127(2), 191(2), 308(5), 351(3) and 352 -- Quashing of FIR -- FIR lodged after 24 days of incident -- High Court quashed FIR solely on ground of delay -- Held, delay in lodging FIR, by itself and without anything more, cannot constitute a ground for quashing FIR at threshold -- Delay is a factor to be considered by Trial Court while appreciating evidence during trial -- At stage of quashing, Court is required to examine whether FIR discloses commission of cognizable offence and not to assess evidentiary value of delay -- Impugned order unsustainable -- FIR restored.

(Paras 9, 11, 14-16)

B. Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), Section 528 -- Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), Sections 109(1), 127(2), 191(2), 308(5), 351(3) and 352 -- Quashing of FIR -- Plea that FIR was politically motivated -- High Court while exercising quashing jurisdiction is required to consider nature of allegations and whether FIR discloses commission of cognizable offence -- Defence of political vendetta or ulterior motive cannot by itself justify quashing at nascent stage when allegations prima facie disclose commission of offences -- FIR restored.

(Para 12)

Posted On: 08-06-2026
110. (All. H.C.) (Decided on: 31.03.2026)

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Dowry death -- Mere proof that death occurred within seven years of marriage is insufficient -- Prosecution must establish that death was caused by burns, bodily injury or otherwise than under normal circumstances and that there existed a live and proximate link between dowry-related cruelty or harassment and the death.

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A. Indian Penal Code, 1860 (45 of 1860), Sections 304-B and 498-A -- Indian Evidence Act, 1872 (1 of 1872), Section 113-B -- Dowry death -- Essential ingredients -- Death within seven years of marriage by itself not sufficient to attract Section 304-B IPC -- Prosecution required to prove that death was caused by burns, bodily injury or otherwise than under normal circumstances and that deceased was subjected to dowry-related cruelty or harassment soon before death -- Post-mortem report disclosed no injuries, viscera report ruled out poisoning and cause of death remained unascertained -- Ingredient relating to unnatural death held not proved -- Conviction under Sections 304-B and 498-A IPC set aside.

(Paras 12-22, 36-38)

B. Indian Penal Code, 1860 (45 of 1860), Sections 304-B and 498-A -- Indian Evidence Act, 1872 (1 of 1872), Section 113-B -- Dowry demand -- Mere demand for articles or valuables not amounting to dowry demand unless accompanied by cruelty or harassment connected therewith -- To invoke statutory presumption under Section 113-B, prosecution must establish a live and proximate nexus between death and dowry-related cruelty inflicted soon before death -- Vague allegations of demand unsupported by evidence of specific acts of cruelty or harassment held insufficient to sustain conviction.

(Paras 29-35)

C. Indian Penal Code, 1860 (45 of 1860), Sections 304-B and 498-A -- Indian Evidence Act, 1872 (1 of 1872), Section 113-B -- Presumption as to dowry death -- Expression "shown" occurring in Section 304-B IPC and Section 113-B Evidence Act requires foundational facts to be proved by prosecution before statutory presumption can arise -- Burden shifts to accused only after prosecution establishes unnatural death within seven years of marriage and cruelty or harassment for dowry soon before death.

(Paras 27-30)

Posted On: 08-06-2026
114. (SC) (Decided on: 04.06.2026)

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Right to travel abroad under Article 21, though a facet of personal liberty, is not absolute and must yield to competing considerations including the victim's right to speedy trial and the societal interest in effective administration of criminal justice.

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A. Constitution of India, Article 21 -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section  442 -- Right to travel abroad -- Pending criminal proceedings -- Scope and limitations -- Right to travel abroad forms part of personal liberty under Article 21 but is not absolute -- Must be balanced against victim's right to speedy trial and societal interest in effective administration of criminal justice -- While considering a request by an accused to travel abroad, courts are required to strike a balance between individual liberty and the need to ensure expeditious progress of criminal proceedings -- Conduct of accused, including institution of successive proceedings, securing interim protections and withdrawal of petitions without adjudication after obtaining interim relief, is a relevant consideration in assessing bona fides -- High Court, while exercising revisional jurisdiction, permitted accused to travel to USA primarily on medical grounds and previous appearances before trial court -- Availability of adequate medical treatment within India and the accused's overall conduct having not been duly considered, revisional order permitting foreign travel held unsustainable and set aside.

(Paras 8-13)

B. Passports Act, 1967 (15 of 1967) -- Passport -- Return of passport -- Magistrate directing release of passport while requiring separate permission for foreign travel -- Validity – Mere release of passport does not confer a right to travel abroad -- Accused permitted to retain passport but restrained from leaving India without prior permission of Sessions Court.

(Paras 11 -14)

Posted On: 07-06-2026
118. (P&H HC) (Reserved on: 01.04.2026 Decided on: 06.04.2026)

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S. 351 BNSS/ S. 313 Cr.P.C. -- Failure to put vital incriminating circumstances including medical evidence of rape, DNA report and forensic evidence to accused -- Trial Court relying upon such material for conviction and award of death sentence -- Serious prejudice caused -- Conviction and sentence set aside -- Matter remanded to Trial Court from stage of recording statements of accused.

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A. Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Ss. 5 and 6 – Indian Penal Code, 1860 (45 of 1860), Section 376-AB and 302 -- Criminal Procedure Code, 1973 (2 of 1974), Section 313 -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 351 -- POCSO offence and murder -- DNA report and forensic evidence -- Conviction based partly on DNA evidence matching victim's blood with articles recovered from accused -- Such incriminating material not put to accused during examination under S. 313 -- Reliance thereon held prejudicial.

(Paras 39-46)

B. Criminal Procedure Code, 1973 (2 of 1974), Section 313 -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 351 -- Examination of accused -- Must bring to notice of accused each material incriminating circumstance separately and intelligibly -- Omnibus and composite questions reproducing prosecution evidence do not satisfy statutory requirement.

(Paras 35-38, 44)

C. Criminal Procedure Code, 1973 (2 of 1974), Section 313 -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 351 -- Circumstances not put to accused -- Resultant prejudice -- Irregularity held curable -- Conviction and sentence set aside -- Matter remanded for fresh examination of accused and decision afresh from that stage.

(Paras 46-47)

Posted On: 07-06-2026
119. (P&H HC) (Reserved on: 05.03.2026 Decided on: 29.05.2026)

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Arbitration -- Applicability of 2015 Amendment Act -- Amendment introducing Section 12(5) held prospective -- Ineligibility of arbitrator under Seventh Schedule cannot be applied retrospectively to arbitral proceedings commenced prior to 23-10-2015.

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Arbitral award -- Execution -- Award arising from arbitral proceedings commenced prior to 23-10-2015 -- Executing Court cannot refuse execution by retrospectively applying Section 12(5) of Arbitration and Conciliation Act, 1996.

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Arbitral award -- Execution -- Executing Court cannot go behind award -- Award validly rendered under unamended Act required to be executed as it stands -- Retrospective application of Section 12(5) impermissible.

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A. Arbitration and Conciliation Act, 1996 (26 of 1996), Sections 12(5), 21 and 26 -- Arbitration and Conciliation (Amendment) Act, 2015 -- Award passed prior to 23.10.2015 -- Prospective operation -- Where arbitral proceedings had commenced and concluded before coming into force of the 2015 Amendment Act, rights stood crystallized on passing of award -- Amendment Act not applicable retrospectively to concluded arbitral proceedings.

(Para 35(i))

B. Arbitration and Conciliation Act, 1996 (26 of 1996), Sections 12(5), 21 and 26 -- Arbitration and Conciliation (Amendment) Act, 2015 -- Arbitral proceedings pending on 23.10.2015 -- Prospective operation – Where the arbitral proceedings are pending as on the date of the amendment and the award is passed post 2015 Amendment Act, the provision pertaining to ineligibility under Section 12(5) read with the Seventh Schedule of the Arbitration Act would not apply retrospectively to such proceedings unless the parties otherwise agree.

(Para 35(ii))

C. Arbitration and Conciliation Act, 1996 (26 of 1996), Sections 12(5), 21, 34, 36 and 26 -- Arbitration and Conciliation (Amendment) Act, 2015 -- Award passed prior to 23.10.2015 -- Court proceedings under Sections 34 and 36 instituted after commencement of 2015 Amendment Act governed by amended provisions -- However, execution proceedings do not fall within expression “in relation to arbitral proceedings” under Section 26 of the Amendment Act -- Executing Court at the time of execution of such an award cannot go behind the same to apply the provisions of the 2015 Amendment Act retrospectively and is bound to execute it as it is.

(Para 35(iii))

D. Arbitration and Conciliation Act, 1996 (26 of 1996), Sections 12(5), 36 and 26 -- Execution of award -- Arbitral proceedings commenced prior to 23.10.2015 -- Execution of the awards arising from arbitral proceedings commenced prior to the 2015 Amendment Act cannot be said to be unenforceable on the ground of being in conflict with the amended Section 12(5) of the Arbitration Act, which is prospective in nature unless otherwise agreed between the parties.

(Para 36)

Posted On: 07-06-2026
120. (SC) (Decided on: 29.05.2026)

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Judgment on admissions -- Statement regarding receipt of amount under family settlement not amounting to admission of liability -- Decree on admission impermissible where liability requires inference and disputed questions of fact require trial.

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Judgment on admissions -- Framing of issues and direction to lead evidence -- Indicates existence of triable issues -- Subsequent decree on admission unsustainable.

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Judgment on admissions -- Revisional jurisdiction -- Trial Court having found triable issues and dismissed application under Order XII Rule 6 CPC -- Revisional Court could not substitute its own interpretation of pleadings merely because another view was possible.

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A. Code of Civil Procedure, 1908 (V of 1908), Order 12 Rule 6 -- Judgment on admissions -- Triable issues -- Pleadings to be read as a whole and not piecemeal -- Statement regarding receipt of amount under family arrangement not constituting admission of liability to plaintiff -- Questions relating to entitlement, distribution of shares and enforceable liability requiring evidence – Presence of triable issues bars decree on admission.

(Paras 37-47)

B. Code of Civil Procedure, 1908 (V of 1908), Order 12 Rule 6 -- Framing of issues -- Court having directed parties to lead evidence after framing issues -- Indicates existence of triable issues -- Subsequent decree on admission unsustainable.

(Para 42)

C. Code of Civil Procedure, 1908 (V of 1908), Section 115, Order 12 Rule 6 – Judgment on admission -- Revisional jurisdiction -- Scope -- High Court, while exercising revisional jurisdiction under Section 115 of the CPC, could not have substituted its own interpretation merely because another view was possible as the scope of revisional jurisdiction is limited -- High Court reassessed the factual matrix and proceeded to substitute its own interpretation of the pleadings and such an exercise travelled beyond the permissible limits of Section 115 of the CPC -- Decree on admission set aside.

(Para 44, 47)

D. Code of Civil Procedure, 1908 (V of 1908), Order 12 Rule 6 -- Inconsistent pleadings in another proceeding -- Relevant for appreciation of evidence at trial -- Cannot by itself justify decree on admission.

(Para 45)

Posted On: 06-06-2026
121. (SC) (Decided on: 29.05.2026)

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Reserved judgments -- Constitutional guidelines issued -- Delay in pronouncement held to affect Article 21 rights and institutional credibility of justice delivery system.

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Reserved judgments -- Judgment to be ordinarily pronounced within maximum period of 3 months from date of reservation.

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Bail/ Suspension of sentence/ Acquittal -- Orders granting regular bail, suspending sentence, or acquitting a convict in custody should be communicated to the jail authorities and the Trial Court on the date it is pronounced.

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Bail applications to be pronounced preferably on same day or next day if reserved and uploaded immediately -- Communication of orders to jail authorities and trial courts mandated -- Immediate release directed subject to compliance of conditions.

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A. Constitution of India, Articles 21, 226 and 227 -- High Courts -- Reserved judgments -- Delay in pronouncement -- Held, right to life and personal liberty includes right to timely adjudication at all stages, including pronouncement of reserved judgments -- Undue delay undermines fairness of adjudicatory process and public confidence in judiciary -- Necessity of systemic reform emphasised.

(Paras 9–11, 18–21)

B. Constitution of India, Article 142 -- Supreme Court -- Binding directions -- High Courts -- Reserved judgments -- Comprehensive framework issued governing timelines, monitoring, transparency and accountability in pronouncement of judgments -- Directions declared binding across all High Courts.

(Paras 15–17)

C. High Courts -- Reserved judgments -- Timelines for pronouncement -- Judgment to be ordinarily pronounced within maximum period of 3 months from date of reservation -- Special expedition mandated in matters involving personal liberty.

(Para 16A(i))

D. Criminal law -- Bail, suspension of sentence, acquittal -- High Courts -- Personal liberty matters -- Bail applications to be pronounced preferably on same day or next day if reserved and uploaded immediately – Orders granting regular bail, suspending sentence, or acquitting a convict in custody should be communicated to the jail authorities and the Trial Court on the date it is pronounced.

(Para 16A(c)–(e))

E. High Courts -- Reserved judgments -- Administrative monitoring -- Monthly automated reporting of pending reserved judgments to Chief Justice mandated -- Registrar General to compile and forward list of delayed matters -- Administrative oversight by Chief Justice strengthened.

(Para 16A(ii)(a), 16B, 17)

F. High Courts -- Reserved judgments -- Supervisory mechanism -- If judgment not delivered within 3 months, matter to be placed before Chief Justice -- Direction to concerned Bench to pronounce judgment within stipulated time -- In exceptional cases, matter may be reassigned to another Bench for rehearing.

(Para 16A(ii)(c)–(d))

G. High Courts -- Transparency -- Website disclosure -- Mandatory display of reserved judgments pending beyond 3 months -- Separate disclosure of cases where operative order delivered but reasoned judgment pending -- Automated email/SMS alerts to advocates introduced.

(Para 16B)

H. High Courts -- Judgments -- Operative order and reasoned judgment -- Where operative part is pronounced, reasoned judgment to be uploaded within 7–15 days -- Delay beyond prescribed period triggers administrative review and litigant remedies.

(Para 16A(i)(i), 16A(ii)(e))

I. High Courts -- Remedies to litigants -- Delay in pronouncement -- If judgment not pronounced within 3 months, party entitled to file application for early pronouncement -- If delay persists, party may approach Chief Justice for re-assignment of matter to another Bench.

(Para 16A(iii))

J. Constitution of India, Article 142 -- High Courts -- Reserved judgments – Institutional reform directed to ensure timely pronouncement of judgments and judicial accountability.

(Paras 15–17)

Posted On: 06-06-2026
122. (SC) (Decided on: 01.06.2026)

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Hindu Succession -- Property inherited under Section 8 devolves upon heirs as tenants-in-common and not as joint tenants – Widow inheriting along with daughters cannot act as karta and alienate entire property on ground of legal necessity.

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A. Hindu Succession Act, 1956 (30 of 1956), Sections 8, 10 and 19 -- Succession to separate property of male Hindu dying intestate -- Class-I heirs succeeding simultaneously -- Property devolves per capita and as tenants-in-common and not as joint tenants -- Each heir acquires definite and separate share -- Rule of survivorship has no application.

(Paras 6-7)

B. Hindu Succession Act, 1956 (30 of 1956), Sections 8 and 19 -- Tenancy-in-common vis-à-vis joint tenancy -- Distinction -- In tenancy-in-common, each co-owner possesses identifiable undivided share devolving upon his own heirs -- In joint tenancy, ownership remains joint and governed by survivorship -- Property inherited under Section 8 held as tenancy-in-common.

(Paras 7)

C. Hindu Succession Act, 1956 (30 of 1956), Sections 8, 19 and 30 -- Property inherited under Section 8 -- Nature of interest acquired -- Heir takes property in individual capacity and not as karta of Hindu Undivided Family -- Descendants acquire no right therein by birth -- Property does not assume character of coparcenary property merely because it belonged to paternal ancestor.

(Paras 7)

D. Hindu Succession Act, 1956 (30 of 1956), Sections 8, 10 and 19 -- Alienation by widow -- Separate property of deceased devolving upon widow and daughters in equal shares -- Widow cannot claim status of karta of the family or alienate shares belonging to other co-heirs on plea of legal necessity -- Alienation sustainable only to extent of her own share.

(Para 8)

Posted On: 06-06-2026
123. (SC) (Decided on: 02.06.2026)

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Arbitration -- Limitation -- Application under Section 33 -- Commencement of limitation under Section 34(3) -- Limitation for filing application under Section 34 commences only from date of disposal of proceedings under Section 33 -- Maintainability or ultimate success of application under Section 33 irrelevant.

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A. Arbitration and Conciliation Act, 1996 (26 of 1996), Sections 33 and 34(3) -- Limitation -- Commencement -- Request under Section 33 for correction, interpretation or additional award -- Section 34(3) expressly provides that limitation for challenge to award runs from date of disposal of request under Section 33 -- Provision does not distinguish between applications allowed or dismissed nor confine benefit to applications ultimately found maintainable.

(Paras 13-15)

B. Arbitration and Conciliation Act, 1996 (26 of 1996), Sections 33 and 34(3) – Limitation -- Arbitral award -- Challenge thereto -- Pendency of proceedings under Section 33 -- Parties not required to institute proceedings under Section 34 during pendency of Section 33 proceedings merely by way of abundant caution -- Limitation under Section 34(3) commences only upon disposal of proceedings under Section 33 -- Starting point of limitation under Section 34(3) is date of disposal of proceedings under Section 33 and not date of original award.

(Paras 14-20)

C. Arbitration and Conciliation Act, 1996 (26 of 1996), Sections 33 and 34(3) -- Abuse of process -- Sham, frivolous or mala fide applications under Section 33 filed solely to defeat limitation under Section 34(3) -- Courts may impose exemplary and punitive costs.

(Para 17)

Posted On: 06-06-2026
124. (Calcutta HC) (Reserved on: 17.12.2025 Decided on: 24.12.2025)

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SARFAESI Act -- HFCs classified as NBFCs under RBI framework are bound by Rs 20-lakh threshold notification; SARFAESI proceedings for secured debt below threshold held without jurisdiction.

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A. Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), Sections 13(2) and 2(1)(m)(iv) – Constitution of India, Article 226 -- SARFAESI Act -- Writ jurisdiction – Maintainability – Challenge to very authority of secured creditor to invoke SARFAESI Act – Issue going to root of jurisdiction – Alternative remedy before DRT not a bar where challenge goes to the very jurisdiction of the secured creditor to invoke the Act.

(Paras 8-12)

B. Reserve Bank of India Act, 1934 (2 of 1934), Section 45-I(f) – National Housing Bank Act, 1987 (53 of 1987), Section 29A – Housing Finance Companies (HFCs) – Status as NBFCs – RBI Press Release dated 13.08.2019, HFC Directions, 2021, Master Circular dated 05.01.2022 and Scale Based Regulation Directions, 2023 – HFCs treated as a category of NBFCs and governed by notifications applicable to NBFCs.

(Paras 14-30)

C. Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), Ss. 13(2) and 2(1)(m)(iv) – Central Government Notifications dated 24.02.2020 and 12.02.2021 – NBFCs entitled to invoke SARFAESI Act only where secured debt is Rs.20 lakhs or above – Respondent-HFC specifically classified as NBFC by RBI – Demand in notice under S. 13(2) being Rs.13,86,974.82 – Below prescribed threshold – Action under SARFAESI Act without jurisdiction and liable to be set aside – Creditor free to pursue other remedies available in law.

(Paras 31-36)

Posted On: 05-06-2026
127. (SC) (Decided on: 03.06.2026)

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Minor's immovable property -- Development Agreement -- Court permission under Section 8 of the Hindu Minority and Guardianship Act -- Test of necessity or evident advantage to minor -- Undivided share in land exchanged for share in developed residential property and monetary consideration -- Transaction held beneficial to minor -- Permission granted subject to safeguards.

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A. Hindu Minority and Guardianship Act, 1956 (32 of 1956), Section 8 -- Minor's immovable property -- Development Agreement -- Prior permission of court -- Scope -- Court while considering application under Section 8 required to independently assess whether proposed transaction is necessary or for evident advantage of minor -- Welfare and best interest of minor paramount consideration.

(Paras 7, 8, 14)

B. Hindu Minority and Guardianship Act, 1956 (32 of 1956), Section 8 -- Development Agreement -- Minor holding undivided share in land -- Proposed transaction yielding share in developed residential property together with monetary consideration -- Undivided interest in undeveloped land being of limited practical utility -- Developed residential property and monetary consideration constituting tangible and beneficial assets -- Transaction held advantageous to minor -- Permission granted.

(Paras 15-18)

C. Hindu Minority and Guardianship Act, 1956 (32 of 1956), Section 8 -- Permission to enter into Development Agreement -- Safeguards -- Minor's monetary entitlement directed to be deposited in nationalised bank till attainment of majority -- Modification of Development Agreement and further alienation of minor's interest made subject to approval of competent court.

(Para 18)

Posted On: 05-06-2026
128. (J&K&L HC) (Reserved on: 07.05.2026 Decided on: 02.06.2026)

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Land Revenue Act -- Revision -- Mutation attested in 2004 challenged after about 20 years -- Revisional powers exercisable only within reasonable time though no limitation prescribed -- Belated revision entertained without considering delay or accrued third-party rights held unsustainable -- Order setting aside mutation quashed and mutation restored.

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A. Jammu and Kashmir Land Revenue Act, Samvat 1996 (1939 A.D.) (XII of Samvat 1996), Section 15 -- Revisional jurisdiction -- Exercise after unreasonable delay -- Mutation attested in 2004 challenged by revision petition filed in 2021 -- No application for condonation of delay and no finding regarding sufficiency of cause -- Revisional powers, though not subject to any prescribed period of limitation, required to be exercised within a reasonable period -- Entertaining revision after nearly two decades without cogent explanation impermissible -- Order of Financial Commissioner set aside and mutation restored.

(Paras 30-44, 47-60)

B. Jammu and Kashmir Land Revenue Act, Samvat 1996 (1939 A.D.) (XII of Samvat 1996), Section 15 -- Revisional jurisdiction -- Delay and laches -- Long-standing mutation remaining unchallenged for about twenty years -- Mutation having remained operative for about twenty years and third-party rights having accrued during intervening period -- Reopening concluded mutation after extraordinary delay without considering effect on accrued rights and settled position held unsustainable.

(Paras 36-45, 52-58)

C. Jammu and Kashmir Land Revenue Act, Samvat 1996 (1939 A.D.) (XII of Samvat 1996), Section 15 -- Revisional jurisdiction -- Fraud -- Mere allegation of fraud does not confer indefinite period for exercise of revisional powers -- Even where fraud is alleged, revisional jurisdiction must be exercised within reasonable time from its discovery -- Bald and unsubstantiated plea of fraud insufficient to unsettle long-standing mutation.

(Paras 39, 49, 57)

Posted On: 05-06-2026
129. (H.P. HC) (Reserved on: 07.01.2025 Decided on: 10.01.2025)

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SARFAESI Act -- NBFCs -- Outstanding debt below Rs 20 lakhs threshold prescribed by Notification dated 12-2-2021 -- SARFAESI proceedings without jurisdiction -- Alternative remedy no bar where challenge raises pure question of law -- Writ petition maintainable -- Demand and possession notices quashed.

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A. Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), Ss. 2(1)(m)(iv), 13(2) and 13(4) -- Non-Banking Financial Companies (NBFCs) -- Recovery proceedings -- Invocation of SARFAESI Act -- Central Government Notification dated 12-2-2021 issued under S. 2(1)(m)(iv) prescribing minimum debt threshold of Rs 20 lakhs for notified NBFCs/finance companies -- Outstanding debt below prescribed threshold -- Recourse to measures under Ss. 13(2) and 13(4) without jurisdiction -- Demand notice and possession notice quashed -- Respondents restrained from taking coercive measures except in accordance with law.

(Paras 20-23)

B. Constitution of India -- Art. 226 -- Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), Section 17 – Writ jurisdiction -- Alternative remedy -- Availability of remedy before Debt Recovery Tribunal -- Challenge raising pure question of law relating to jurisdiction and competence of finance company to invoke SARFAESI provisions -- Alternative remedy no bar to exercise of writ jurisdiction -- Writ petition held maintainable.

(Paras 12-15)

Posted On: 02-06-2026
140. (H.P. HC) (Reserved on: 20.04.2026 Decided on: 25.04.2026)

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Family pension -- Entitlement -- Second marriage during subsistence of earlier marriage -- Long cohabitation and documentary evidence of marriage -- Even if marriage is void under Section 5(i) Hindu Marriage Act, relationship not immoral -- Entitlement to family pension upheld on principles of social justice and economic empowerment -- Appeal allowed and family pension granted.

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Constitution of India, Article 14 -- Hindu Marriage Act, 1955 (Act No. 25 of 1955), Section 5(i) -- Evidence Act, 1872 (Act No. 1 of 1872), Section 114 -- CCS (Pension) Rules, 2021, Rule 50 -- Family pension to second wife -- Entitlement -- Appellant claiming family pension of deceased employee as widow -- Marriage disputed on ground of subsisting first marriage -- Evidence of affidavit of deceased, Parivar Register entry and long cohabitation produced – In Section 9 petition marriage held to be nullity -- Presumption of valid marriage drawn under Section 114 Evidence Act based on long cohabitation -- Held, even if marriage is void under Section 5(i) HMA, such relationship though illegal is not immoral -- Financially dependent partner cannot be denied relief solely on that ground -- Claim of the appellant for grant of family pension is governed by the Central Civil Services (CCS) Pension Rules -- Interpretation of pension rules to advance social justice, dignity and economic empowerment of women -- Object of family pension analogous to maintenance jurisprudence -- Deceased had treated appellant as nominee and cohabitation continued for long period -- Appellant held entitled to family pension as widow for purposes of CCS Pension Rules -- Impugned judgment set aside -- Appeal allowed.

(Paras 1–5, 7–12, 14–21)