This volume of the Supreme Court Cases (SCC), Part 5 of Volume 4, embodies landmark cases decided by the Supreme Court on issues like power of review of quasi-judicial authorities, compensation of delay in delivery of possession, overriding effect of IBC relationship between employer and contract labour, and more.
Administrative Law — Administrative Action — Quasi-Judicial Function — Appeal, Review or Revision — Quasi-judicial authorities: Power of review of their earlier orders, not available unless specifically conferred by statute, expressly or by necessary implication. This follows from the doctrine of separation of powers, [State of W.B. v. Jai Hind (P) Ltd., (2026) 5 SCC 481]
Arbitration and Conciliation Act, 1996— S. 15(2) — Scope and restraints on exercise of power under: Validity of order holding proceedings before earlier arbitrator as nullity by Court acting under S. 15(2), determined, [Ankhim Holdings (P) Ltd. v. Zaveri Construction (P) Ltd., (2026) 5 SCC 521]
Consumer Protection — Services — Housing and Real Estate — Compensation for delay in delivery of possession: Unfair or oppressive contractual term cannot be considered as an embargo on grant of higher or reasonable compensation, [Parsvnath Developers Ltd. v. Mohit Khirbat, (2026) 5 SCC 535]
Education Law — Employment and Service Matters re Educational Institutions — Appointment/Recruitment — Appointment to post of Higher Secondary School Teacher, Economics — Eligibility Conditions/Criteria: Requirement of possessing SET qualification, whether limited to subject concerned, determined, [Zubair. P v. State of Kerala, (2026) 5 SCC 589]
Industrial Disputes Act, 1947 — Ss. 2(k), 10(1) and 12(1) — Reference — Maintainability — Relationship between employer and contract labour: Determination of employer-employee relationship is an industrial dispute and reference under S. 10(1) maintainable. Further held, formal written demand by workmen to employer not sine qua non for existence of industrial dispute, [Premium Transmission (P) Ltd. v. State of Maharashtra, (2026) 5 SCC 633]
Insolvency and Bankruptcy Code, 2016 — Ss. 238 and 60 to 62 — Overriding effect of IBC — Extent of: Principles for resolution of conflict between two special statutes i.e. IBC and Prohibition of Benami Property Transactions Act, 1988 (the Benami Act), explained, [S. Rajendran v. CIT, (2026) 5 SCC 563]
Maharashtra Cooperative Societies Rules, 1961 — R. 107(11): Rr. 107(11)(g) and 107(11)(h) are of mandatory nature, emphasized. Cancellation of auction sale due to non-compliance with mandatory period for payment of consideration amount under Maharashtra Cooperative Societies Rules, 1961, valid, [Adishakti Developers v. State of Maharashtra, (2026) 5 SCC 603]
