Supreme Court Weekly Digest - 2025-11-24

(A) Interpretation of Statute – While it is not for Courts to reject or refuse to give effect to legislation merely on the grounds that clear meaning of legislation appears absurd to Judiciary, when forced to construe a provision, meaning of which is open to question they will lean against any construction that would produce a result which appears to them to be absurd or unjust – The more absurd a...

Civil Procedure Code, 1908 – Order 21 Rules 22 and 23 – Arbitration and Conciliation Act, 1996 – Section 34 – Execution of decree – Show-cause notice – Requirement of notice under Order 21 Rule 22 (1) to persons enumerated therein is not a mere procedural courtesy but is very foundation of jurisdiction when execution is sought against estate of deceased judgment debtor – Act is a self-contained Co...

Registration Act, 1908 – Section 17(1)(e) – Specific Relief Act, 1963 – Section 28 – Civil Procedure Code, 1908 – Order 21 Rule 16 – Agreement to sell – Requirement of registration of deed assigning decree for specific performance of immovable property – Neither agreement of sale nor a decree passed on the basis of specific performance of contract gives any right or title to decree holder and righ...

(A) National Green Tribunal Act, 2010 - Section 16(h) - Limitation period for appeals - The date of communication of environmental clearance to any aggrieved person is relevant for calculating the limitation period for filing appeals under the Act, which commences from the earliest date of communication by any duty bearers. (Paras 1, 3, 6, 8, 16) (B) Environmental Law - Communication obligation - ...

Arbitration and Conciliation Act, 1996 – Sections 34 and 37(1) – Insolvency and Bankruptcy Code, 2016 – Section 7 – Usurious Loans Act, 1918 – Section 3 – Appeal against arbitral award – Grant of post-award interest under Section 31(7)(b) is mandatory – Only discretion which Arbitral Tribunal has is to decide rate of interest to be awarded – Where Arbitrator does not fix any rate of interest, then...

Bharatiya Nyaya Sanhita, 2023 – Sections 115(2), 310, 351(2), 351(3) and 352 – Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 528 – Constitution of India – Article 142 – Hurt, criminal intimidation, insult and robbery – FIR – Matter was settled amicably between accused and complainant – FIR was initially registered against unknown persons – Alleged acts appear to have arisen out of a dispute c...

(A) Maharashtra Control of Organised Crime Act, 1999 - Sections 3, 3(1)(i), 3(1)(ii), 3(2), 3(4) - Indian Penal Code, 1860 - Sections 396, 302, 307, 397, 412 read with Section 34 - Conviction under Section 302 IPC affirmed by High Court - Appeal allowed, acquitting the accused-appellant due to unreliable identification and lack of substantive evidence linking him to the crime. (Paras 70, 71, 72) (...