Real judgements, distilled
Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.
Civil Appeal · 2026 INSC 1094
An older qualification must still satisfy the eligibility rules governing the appointment sought. Here, the certificate's early date did not secure reinstatement, and rejection of eligibility should not be confused with a conclusive finding that the certificate was forged.
Civil Appeal · 2026 INSC 1095
A party benefiting from a conditional stay must meet its deposit requirement or face enforcement. The additional ₹15 crore deposit secures the pending dispute; it does not settle the land's final compensation or amount to an immediate payment to the landowners.
Criminal Appeal · 2026 INSC 1093
An alleged attempt to kill does not become a lesser offence simply because the victim avoided a fatal injury. Restoring this charge means the accusation must be tried; it does not establish that the accused is guilty.
Civil Appeal · 2026 INSC 1090
For the assessment in this case, assistance reducing ordinary manufacturing costs was taxable even though the government wanted to encourage industry. The purpose and actual operation of the particular subsidy mattered more than its general development label.
Criminal Appeal · 2026 INSC 1091
Proof that someone caused a serious injury does not by itself prove the additional ingredients of robbery. A court can substitute a lesser offence supported by the evidence; the sentencing reduction here depended on Appa's particular circumstances.
Special Leave Petition (Civil) · 2026 INSC 1092
Someone challenging an election must ensure that the personal-presentation requirement is met and can be proved. Merely entering the court building does not establish compliance, and a filing defect can end the challenge before the election allegations are examined.
Civil Appeal · 2026 INSC 1088
An employee who retires on 30 June may be entitled to the increment that falls due on 1 July after completing a year of service. Authorities that delay paying the amounts due must pay interest after the deadline set by the court.
Civil Appeal · 2026 INSC 1089
Recruitment must follow the qualifications stated in the advertisement and the governing Recruitment Rules. A court will not override a merit-based eligibility decision made under those rules merely because the candidate concerned was higher in the written test.
Writ Petition (Criminal) · 2026:DHC:8797
A person who occupied property only because of employment has no independent right to remain once the employment and decree end. Even when a petition fails, courts can make practical arrangements to let a person recover personal belongings.
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Log in to see moreIn 2012, the appellant filed a civil suit in Ahmedabad seeking a declaration that her sister-in-law (co-owner of a jointly inherited bungalow) had no right to sell an undivided share of the property to a buyer (defendant no. 2), and sought to have that 2011 agreement to sell declared void. The sister-in-law died during the suit, and years later (after issues had already been framed, and nearly nine years after the suit was filed) the buyer applied to amend his written statement and add a counterclaim seeking specific performance of the very agreement to sell. The trial court refused to allow this late counterclaim, but the Gujarat High Court reversed that refusal and allowed it.
The Supreme Court set aside the High Court's order and restored the trial court's decision refusing the counterclaim. It held that while a counterclaim can, in principle, be filed even after the written statement so long as the underlying cause of action itself is not time-barred, courts retain discretion to refuse a counterclaim brought with unreasonable delay, especially once issues have been framed. The Court laid down an illustrative (non-exhaustive) list of factors: delay, limitation, reasons for delay, diligence, similarity of cause of action to the main suit, cost of fresh litigation, injustice, and prejudice to the opposite side, to guide this discretion, and held that a counterclaim should never be entertained after issues are framed. It also noted the buyer's counterclaim (for specific performance) was a fundamentally different kind of claim from the plaintiff's declaratory suit, and that the buyer took no action for years even after clear notice his purchase was being challenged.
A defendant who wants to bring their own claim (a counterclaim) in someone else's lawsuit must act promptly. Courts can and will refuse a counterclaim filed with long, unexplained delay, particularly once the trial has progressed to the stage where issues are framed.
