This volume of the Supreme Court Cases (SCC), Part 4 of Volume 7, embodies a curated selection of landmark cases decided by the Supreme Court addressing a wide range of issues such as pension of High Court Judges, theory of deduction in land acquisition, irregularities in Government service selection process, and more.
Arbitration and Conciliation Act, 1996 — Ss. 34 and 37 — Interference with award under S. 34 — Limited scope regarding: Award of liquidated damages to claimant on account of delay in construction of office building, etc. by successful contractor/bidder, not liable to be interfered with in a petition under S. 34, being a plausible view, [Consolidated Construction Consortium Ltd. v. Software Technology Parks of India, (2025) 7 SCC 757]
Courts, Tribunals and Judiciary — Judiciary — Service matters — Pension — High Court Judges — Pension — Computation — Qualifying service — One rank one pension: Law clarified on qualifying service for computation of pensionary benefits under “one rank one pension” principle, for all retired High Court Judges, [High Court Judges Pension Refixation Considering Service Period in District Judiciary & High Court, In re, (2025) 7 SCC 674]
Insolvency and Bankruptcy Code, 2016 — Ss. 30 and 31: Arbitration proceedings/award under the Micro, Small and Medium Enterprises Development Act, 2006 in favour of operational creditor, post approval of resolution plan, invalid. Arbitral award passed after approval of CIRP is a nullity if the underlying claim was extinguished by the plan, [Electrosteel Steel Ltd. v. Ispat Carrier (P) Ltd., (2025) 7 SCC 773]
Insolvency and Bankruptcy Code, 2016 — Ss. 5(7) and 5(8)(f) r/w Ss. 3(6) and 3(11): Lender in respect of whose loans to third parties corporate debtor is guarantor, can be considered “financial creditor” of corporate debtor. Classification of “financial creditor” of corporate debtor under IBC, clarified, [China Development Bank v. Doha Bank Q.P.S.C., (2025) 7 SCC 729]
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — S. 26 — Compensation — Determination of — “Theory of deduction”: Applicability of “theory of deduction” (used to reduce compensation for undeveloped land) formulated under the 1894 Act regime, under the 2013 Act, or whether compensation must be determined strictly based on stamp duty/circle rates (Collector’s Guidelines), Law clarified, [M.P. Road Development Corpn. v. Vincent Daniel, (2025) 7 SCC 798]
Service Law — Recruitment Process — Cancellation of selection/Fresh selection/Re-selection: Cancellation of selection process by successor Assam Government, on grounds of illegalities/irregularities, upheld, [State of Assam v. Arabinda Rabha, (2025) 7 SCC 705]