This volume of the Supreme Court Cases (SCC), Part 5 of Volume 8, carries key cases decided by the Supreme Court on issues such as presence of non-signatory to arbitration agreement, illegal sand mining activities in the National Chambal Gharial Sanctuary, forfeiture of earnest money, and more.
Arbitration and Conciliation Act, 1996 — Ss. 11(6), 35 and 42-A r/w S. 2(h): Order permitting non-signatory to arbitration agreement to be present in arbitration proceedings/hearings, valid, [Kamal Gupta v. L.R. Builders (P) Ltd., (2026) 8 SCC 809]
Arbitration and Conciliation Act, 1996 — Ss. 7, 10, 29, 16, 34 and 37: Arbitration clause providing for a party to approach ICSID to appoint the third arbitrator, when the two arbitrators nominated/appointed by parties do not succeed in appointing the third arbitrator to preside the arbitration panel within 30 days, is only enabling in nature, [Municipal Corpn., Greater Mumbai v. R.V. Anderson Associates Ltd., (2026) 8 SCC 780]
Environment Law — Forests, Wildlife and Zoos — Mining and Industry in Forest Area — Illegal sand mining activities in the National Chambal Gharial Sanctuary: Directions issued for urgent implementation of several critical measures in affected regions, [Illegal Sand Mining in the National Chambal Sanctuary & Threat to Endangered Aquatic Wildlife, In re, (2026) 8 SCC 722]
Environment Law — Forests, Wildlife and Zoos — Mining and Industry in Forest Area: Issuance of directions, when illegal sand mining found rampant in the State of Rajasthan, [Bajri Lease Lol Holders Welfare Society v. State of Rajasthan, (2026) 8 SCC 820]
Foreign Exchange Management Act, 1999 — Ss. 4, 37-A and 16(3): Law clarified relating to interplay between interim preventive seizure proceedings under S. 37-A FEMA and adjudication proceedings initiated pursuant to show-cause notice under S. 16(3), [J. Sri Nisha v. Enforcement Directorate, (2026) 8 SCC 750]
Insolvency and Bankruptcy Code, 2016 — Ss. 30 to 33: Forfeiture of earnest money deposited by successful resolution applicant (SRA) and liquidation of corporate debtor, when SRA does give acceptance to Letter of Intent (LoI), held valid in present case, [Sanjay Dave v. Andhra Bank Ltd., (2026) 8 SCC 763]
Judges (Inquiry) Act, 1968 — Ss. 3(1) and (2) first proviso — Interpretation of first proviso to S. 3(2) — Initiation of proceedings against High Court Judge for alleged misconduct: Constitutional procedure, parliamentary authority, and safeguards governing inquiry into judicial misconduct, clarified, [X v. Lok Sabha, (2026) 8 SCC 654]
Juvenile Justice (Care and Protection of Children) Act, 2015 — Ss. 19(1)(i) & (ii) r/w Ss. 15 & 18(3) — Trial of juvenile accused, as an adult: Reasoned order by Children’s Court under S. 19 is mandatory, [Sagar v. State of Haryana, (2026) 8 SCC 699]
