This volume of the Supreme Court Cases (SCC), Part 1 of Volume 4, embodies landmark cases decided by the Supreme Court on the essential ingredients for existence of an arbitration agreement, grounds of arrest, doctrine of constructive trust, and more.
Arbitration and Conciliation Act, 1996 — Ss. 7, 8 and 11 — Arbitrability — Dispute resolution clause in agreement: Essential ingredients for existence of an arbitration agreement, enumerated for validity of dispute resolution clause in agreement, [South Delhi Municipal Corpn. v. SMS Ltd., (2026) 1 SCC 545]
Constitution of India — Art. 22(1) r/w Art. 21 — Furnishing grounds of arrest to accused either before arrest or forthwith after arrest: As per mandate contained in Art. 22(1), arrested person, held, must be informed of the grounds of arrest as soon as they can be. Further, as per this mandate, the arrested person, held, entitled to defend himself by consulting a legal practitioner of his choice. This constitutional mandate, held, also effectuated by the legislature in Ss. 50/47 CrPC/BNSS, which provides that an arrested person shall be forthwith communicated with the grounds of his arrest, [Mihir Rajesh Shah v. State of Maharashtra, (2026) 1 SCC 500]
Criminal Procedure Code, 1973 — S. 378(3) r/w Ss. 378(1) and (2) — Leave to appeal against judgment of acquittal: Application for Leave to appeal against judgment of acquittal, by the State is not maintainable, when initially case registered by the State Police, but subsequently investigated by the CBI and when the appeal challenging acquittal also filed by the CBI, [State of Chhattisgarh v. Amit Aishwarya Jogi, (2026) 1 SCC 532]
Trusts Act, 1882 — Ch. IX (Ss. 80 to 96) and SOR — Constructive trusts — Declaration of/Applicability of: Doctrine of constructive trust and its applicability to a society functioning for public purposes of a religious or charitable nature, clarified. Society registered under Societies Registration Act, 1860, when can be considered as “constructive trust” for satisfying condition for grant of reliefs under S. 92 CPC, explained, [Operation Asha v. Shelly Batra, (2026) 1 SCC 569]