Insights

The Supreme Court on Tuesday dismissed an appeal by Reliance Industries Limited (RIL) against an order of the Securities Appellate Tribunal (SAT) that upheld a ₹30 lakh penalty imposed on two of its compliance officers for failing to make timely disclosures related to the Facebook-Reliance Jio deal. (RELIANCE INDUSTRIES LIMITED V. SEBI) A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi held, "The issue dealt with by SEBI and SAT are substantially a question of fact, giving rise to no substantial question of law to be considered by court."

In a significant reaffirmation of settled principles governing attachment before judgment, the Supreme Court on 28th November, 2025 has held that a property validly transferred through a registered sale deed prior to the institution of a suit cannot be subjected to attachment under Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908.

For Account Payee Cheque’s Dishonour, Complaint Must Be Filed Only at Payee’s Home Branch: Section 142(2)(a) of Negotiable Instruments Act Case Title: Jai Balaji Industries Ltd. & Ors. v. M/s HEG Ltd. Bench: Justice J.B. Pardiwala & Justice R. Mahadevan Date: 28 November 2024 “A deeming fiction is created under Explanation to Section 142(2)(a) of the NI Act, that the cheques deposited anywhere are deemed delivered at the home branch, the court said.”

A series of petitions filed before the Supreme Court of India has brought the Election Commission of India’s (ECI) ongoing Special Intensive Revision (SIR) of electoral rolls under sharp judicial scrutiny. The petitioners including the Association for Democratic Reforms (ADR), RJD MP Manoj Jha, and several civil society actors contend that the ECI’s present SIR mechanism exceeds its statutory mandate under the Representation of the People Act, 1950 (RP Act), and undermines established constitutional safeguards.

In a powerful judgment that strengthens patient rights and elevates healthcare accountability in Kerala, the Kerala High Court on 26 November dismissed appeals filed by the Indian Medical Association (IMA) and the Kerala Private Hospitals Association. The Court upheld the Kerala Clinical Establishments (Registration and Regulation) Act, 2018 and its Rules—legislation that has been gradually implemented since 2019. A Division Bench of Justice Sushrut Arvind Dharmadhikari and Justice Syam Kumar V.M. ruled that the Act is neither vague nor arbitrary, rejecting industry concerns and affirming the State’s authority to regulate healthcare establishments in the interest of public welfare.

Introduction In a recent landmark judgment, the Supreme Court of India emphasized that marriage cannot be declared irretrievably broken merely because spouses live separately. Courts must first examine why they live apart and who is responsible for the separation. The ruling came in the case of DR. ANITA (Appellant/Wife) VS. INDRESH GOPAL KOHLI (Respondent/Husband), where the Uttarakhand High Court had granted divorce to the husband, primarily relying on the couple’s long separation. The Supreme Court, however, set aside the divorce decree and remanded the matter to the High Court, highlighting a series of procedural and substantive lapses.

“The civil appeal by special leave before the Supreme Court challenged the judgment of the Rajasthan High Court in a case pertaining to the Customs Act, 1962.” In a recent judgment concerning proceedings under the Customs Act, 1962, the Supreme Court has once again underscored a foundational principle governing the writ jurisdiction of High Courts: when a statutory alternative remedy exists particularly when it lies before another High Court’s jurisdiction the extraordinary jurisdiction under Article 226 should not ordinarily be invoked.

In a milestone moment for India’s judiciary, Justice Surya Kant was sworn in as the 53rd Chief Justice of India (CJI) at aswearing-in ceremony held at the Rashtrapati Bhavan on Monday 24th November, 2025. President Droupadi Murmu administered the oath, which Justice Kant took in Hindi. His tenure will extend up to February 9, 2027, marking nearly 15 months in office. The ceremony witnessed the presence of several distinguished leaders including Prime Minister Narendra Modi, Union Home Minister Amit Shah, Defence Minister Rajnath Singh, Lok Sabha Speaker Om Birla, Vice President CP Radhakrishnan, former CJI BR Gavai, former President Ram Nath Kovind, and other Union Ministers like Hardeep Singh Puri, HD Kumaraswamy, JP Nadda, and Piyush Goyal.

In a significant ruling that reinforces the sanctity of criminal procedure and the distinction between bail jurisdiction and habeas corpus jurisdiction, the Supreme Court has categorically held that an accused in judicial custody pursuant to valid orders of a competent court cannot seek release through a writ of habeas corpus. Setting aside a Madhya Pradesh High Court order that had released an accused via habeas corpus, the Supreme Court criticised the approach as an “exercise unknown to law” and one that “shocks the conscience of this Court.”

MADRAS BAR ASSOCIATION V. UNION OF INDIA “The Court observed that the Act re-enacted provisions earlier struck down in a new label.” Introduction In a judgment of far-reaching constitutional importance delivered on 19 November 2024, the Supreme Court of India struck down core provisions of the Tribunal Reforms Act, 2021, ruling that the legislation violated the foundational constitutional principles of separation of powers and judicial independence. The decision came from a bench comprising Chief Justice of India BR Gavai and Justice K. Vinod Chandran, which repeatedly expressed displeasure at the Union Government’s persistent deviation from judicial directions regarding tribunal appointments and service conditions. The Court observed that Parliament had chosen to reenact, under a new statutory label, the very provisions that had earlier been declared unconstitutional in a series of judgments, especially the Madras Bar Association (MBA) cases. The Court held that such reenactment amounted to an impermissible “legislative override,” undermining the doctrine of constitutional supremacy.