This volume of the Supreme Court Cases (SCC), Part 4 of Volume 6, embodies a curated selection of landmark cases decided by the Supreme Court addressing a wide range of issues such as construction/interpretation of contracts, maintainability of writ petition, employment in educational institutions, enemy property, and much more.
Arbitration and Conciliation Act, 1996 — S. 28(3) and Ss. 34/37 — Construction/Interpretation of contract: Findings of arbitrator regarding are not to be interfered with in proceedings under Ss. 34/37, when Tribunal’s view is a plausible view and Tribunal is comprised of technical experts, [Somdatt Builders-NCC-NEC (JV) v. NHAI, (2025) 6 SCC 757]
Constitution of India — Art. 226 — Maintainability of writ petition — Standing/Locus standi: No person or entity can be allowed to make an undue and unjust profit from public property, at the cost of public at large. Petition by residents welfare association inter alia seeking a declaration that collection of toll fee should be stopped on the DND Flyover between New Delhi and Noida, maintainability, [Noida Toll Bridge Co. Ltd. v. Federation of Noida Residents Welfare Assn., (2025) 6 SCC 717]
Contract and Specific Relief — Contractual Obligations and Rights — Particular Contractual Forms — Auctions/Tenders — Withdrawal of bid: Law clarified on permissibility of forfeiture of earnest money, when there is mistake in bid which is self-evident and when equitable relief may be granted, [ABCI Infrastructures (P) Ltd. v. Union of India, (2025) 6 SCC 813]
Education Law — Employment and Service Matters re Educational Institutions — Appointment/Recruitment — Eligibility conditions/Criteria — Equivalence — Determination of: 2 yrs diploma vis-à-vis 18 months’ DElEd diploma of NIOS conducted through ODL was required for recruitment of teachers in schools. Requirement of possessing 2 yrs diploma in terms of S. 23(2), RTE Act, 2009 inserted vide 2017 Amendment Act with retrospective effect from 31-3-2015. Law clarified on effect and validity of conduct of DElEd programme through ODL for in-service untrained teachers reducing duration of diploma from 2 yrs to 18 months, [Vishwanath v. State of Uttarakhand, (2025) 6 SCC 808]
Enemy Property Act, 1968 — Ss. 3 to 8-A, 17 to 18-C, 22 and 24 and SOR — Administration of enemy property by Custodian: Status of Custodian as trustee, manager and protector of enemy property, clarified. Law clarified on leviability of property/house tax on property vested with Custodian under Enemy Property Act, 1968, [Lucknow Nagar Nigam v. Kohli Brothers Colour Lab (P) Ltd., (2025) 6 SCC 628]
Insolvency and Bankruptcy Code, 2016 — Ss. 94, 96 and 101 — Moratorium/Interim moratorium — Restriction of, to civil proceedings and not to stall criminal prosecution: The distinction between the right to sue based on a dishonoured cheque by initiating a civil suit and launching a prosecution under S. 138 of the NI Act is significant and in case of former, the interim moratorium can operate, but not in case of latter, [Rakesh Bhanot v. Gurdas Agro (P) Ltd., (2025) 6 SCC 781]
Penal Code, 1860 — Ss. 306 and 498-A r/w S. 304-B — Abetment of suicide and harassment: Conviction recorded under Ss. 306 and 498-A, held, not sustainable and set aside on the ground of erroneous invocation of S. 113-B of the Evidence Act by courts below, and absence of ingredients attracting S. 113-A of the Evidence Act, as factors, [Ram Pyarey v. State of U.P., (2025) 6 SCC 820]
