This volume of the Supreme Court Cases (SCC), Part 5 of Volume 2, embodies landmark cases decided by the Supreme Court on arbitrability of dispute, polluter pays principle, registration of documents, detention and seizure of goods, public trust doctrine, and much more.
Arbitration and Conciliation Act, 1996 — S. 31(7)(a) — Grant of interest for three periods— Pre-reference/past periods, pendente lite and future period at varying interest rates: Law clarified on permissibility of grant of interest for three periods: pre-reference/past periods, pendente lite and future period at varying interest rates, [Interstate Construction v. National Projects Construction Corpn. Ltd., (2026) 2 SCC 780]
Arbitration and Conciliation Act, 1996 — Ss. 11, 8, 11(6-A) and 16: Arbitrability of dispute between licensor-licensee regarding arrears of amounts payable by licensee for the balance lock-in period of licence, and non-refund of security deposit by licensor, when the licensed premises fall under the jurisdiction of Small Causes Court, determined, [Motilal Oswal Financial Services Ltd. v. Santosh Cordeiro, (2026) 2 SCC 801]
Central Goods and Services Tax Act, 2017 — Ss. 129(3) and 129(5) — Detention and seizure of goods — Payment of tax and penalty under protest: Mere payment of penalty for release of goods detained during transit under GST regime does not conclude proceedings unless a formal, reasoned order is passed under S. 129(3), [CGST Act, ASP Traders v. State of U.P., (2026) 2 SCC 641]
Companies Act, 1956 — Ss. 397 and 398 — Jurisdiction under — Scope and ambit of: NCLT/CLB possess a wide jurisdiction to decide all such matters that are incidental and/or integral to the complaint alleging oppression and mismanagement. However, such power is subject to any other legislative enactment specifically debarring NCLT/CLB from exercising its powers in this respect, [Shailja Krishna v. Satori Global Ltd., (2026) 2 SCC 706]
Environment Law — General Principles of Environmental Law — Polluter Pays Principle and Remedial/Compensatory/Punitive Measures — Restitutionary and compensatory damages — Ex ante measures — Powers of Regulatory Boards: Law clarified on powers of Pollution Control Boards to direct payment of restitutionary and compensatory damages as a remedial measure for environmental damage, [Delhi Pollution Control Committee v. Lodhi Property Co. Ltd., (2026) 2 SCC 670]
Environment Law — General Principles of Environmental Law — Public Trust Doctrine/Proportionality — Water body/wetland (man-made): Artificially created water bodies do not fall within definition of “wetland” under Wetlands (Conservation and Management) Rules, 2017. Applicability of precautionary principle and public trust doctrine on the same, discussed, [Swacch Assn. v. State of Maharashtra, (2026) 2 SCC 759]
Motor Vehicles Act, 1988 — S. 147 — Motor accident — Liability to pay compensation — Order for “pay and recover” — Validity: Insurance company cannot recover compensation amount from vehicle owner merely because driver was found to be using a fake license. Fake license by driver does not absolve insurer unless vehicle owner knowingly allowed breach, [Hind Samachar Ltd. v. National Insurance Co. Ltd., (2026) 2 SCC 773]
National Green Tribunal Act, 2010 — S. 19 — Procedure and powers of NGT: Imposition of environmental compensation in violation of principles of natural justice, not permissible, [Triveni Engg. & Industries Ltd. v. State of U.P., (2026) 2 SCC 729]
T.N. Registration Rules, 1949 — R. 55-A(i) — Registration of documents — Power of Registrar to refuse — Validity of R. 55-A of the T.N. Registration Rules, empowering the Registering Authority therefor: Registration Act, 1908 does not authorize Registering Authority to deny registration of a transfer document on ground that vendor’s title documents are not produced or that their title is unproven. R. 55-A of the T.N. Registration Rules, thus held, is ultra vires the provisions of Registration Act, 1908 and struck down, [K. Gopi v. Sub-Registrar, (2026) 2 SCC 696]