Supreme Court Daily Digest (21st Jan 2026)

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NEHA LAL vs. ABHISHEK KUMAR
T.P. (Crl.) No. 338/2025, Diary No. 18841/2025, Date: 20 January 2026 (2026 INSC 73)

Application under Article 142Article 142 Constitution of India > The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe. of the ConstitutionConstitution The Constitution encompasses the global system of rules governing constitutional authority. Simply reading selected provisions of the written text may be misleading. Understanding the underlying principles, such as federalism, democracy, constitutionalism, the rule of law, and respect for minorities, is crucial. Democratic institutions must allow for ongoing discussion and evolution, reflected in the right of participants to initiate constitutional change. This right entails a reciprocal duty to engage in discussions. Democracy involves more than majority rule, existing within the context of other constitutional values. Therefore, a profound understanding of these principles informs our appreciation of constitutional rights and obligations. Read more of IndiaIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more seeking dissolution of the marriage – filed by
petitioner-wife: The parties have indulged in filing more than forty cases against each other. Warring spouses cannot be permitted to settle personal scores by converting courts into a battlefield and thereby choking the judicial system. In the absence of compatibility, established mechanisms exist for early resolution of disputes. MediationMediation It includes a process (ICC Mediation Rule), whether referred to by the expression mediation, pre-litigation mediation, online mediation, community mediation, conciliation or an expression of similar import, whereby parties attempt to reach an amicable settlement of their dispute with the assistance of a third person referred to as mediator (Indian Law), who does not have the authority to impose a settlement upon the parties to the dispute. The process is private and confidential. The process ends when a settlement has, or has not, been reached. Read more is one such process that can be explored at the pre-litigation stage and even after the commencement of proceedings. Once parties embark upon adversarial litigation, particularly on the criminal side, the prospects of reconciliation become remote, though they cannot be entirely ruled out. We find this to
be a fit case for exercise of our discretion under Article 142 of the Constitution of IndiaArticle 142 of the Constitution of India Indian Bank v. ABS Marine Products Pvt. Ltd.( AIR 2006 SC 1899) while distinguishing a precedent from mere directions: "Many a time, after declaring the law, this Court in the operative part of the judgment, gives some directions which may either relax the application of law or exempt the case on hand from the rigour of the law in view of the peculiar facts or in view of the uncertainty of law till then, to do complete justice. While doing so, normally it is not stated that such direction/order is in exercise of power under Article 142..... When the High Courts repeatedly follow a direction issued under Article 142, by treating it as the law declared by this Court, incongruously the exemption/relaxation granted under Article 142 becomes the law, though at variance with the law declared by this Court. The courts should, therefore, be careful to ascertain and follow the ratio decidendi, and not the relief given on the special facts, exercising power under Art." to dissolve the marriage between the parties.

UNION OF INDIA vs. HEAVY ELECTRICALS FACTORY EMPLOYEES’ UNION
Civil AppealCivil Appeal Vasant Ganesh Damle vs. Shrikant Trimbak Datar (AIR 2002 SC 1237) in the following words: "The appeal is considered to be an extension of the suit because U/S. 107 of the Code of Civil Procedure, the appellate Court has the same powers as are conferred by the Code on Courts of original jurisdiction in respect of suits instituted therein. Such a power can be exercised by the appellate Court "as nearly as may be" exercised by the trial Court under the Code. If the powers conferred upon the trial Court are under a specified statute and not under the Code, it has to be ascertained as to whether such a power was intended to be exercised by the appellate Court as well. Such a position can be ascertained by having a reference to the specified law by keeping in mind the legislative intention of conferment of power on the appellate Court either expressly or by necessary implication." Nos. 5185–5192 of 2016, Diary No. 9613/2012, Date: 20 January 2026 (2026 INSC 74)

Further, no answer was forthcoming to the submission advanced by learned counsel for the respondents that the same statutory provision is being interpreted differently by the Ministry of Railways, Government of India, wherein all allowances are included within the expression “ordinary rate of wages” for the purpose of calculating overtime wages. Different Ministries of the Government of India cannot assign divergent meanings to a provision contained in an Act of Parliament, particularly when the legislative intent is manifest from a plain reading of Section 59(2) of the 1948 Act.

RAJ SINGH GEHLOT vs. AMITABHA SEN
Civil Appeal No. 385/2026, Diary No. 20041/2020, Date: 20 January 2026 (2026 INSC 77)

The dispute concerning alleged non-adherence to the sanctioned building plans, particularly with respect to open and green spaces, was intrinsically connected and interlinked with the issues already under adjudication before the High CourtHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission.. The appellant, Ambience Developers, had specifically contended before the High Court that there was no deviation from the sanctioned layout plan insofar as the residential colony was concerned. While deciding the connected appeals, we have accepted the aforesaid submission advanced on behalf of Ambience Developers. Consequently, the issue of the environment did not arise as a substantial question warranting the assumption of jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. by the NGT in the present matterMatter Normal matter is made of molecules, which are themselves made of atoms. Inside the atoms, electrons are spinning around the nucleus. The nucleus is made of protons and neutrons. Inside the protons and neutrons, exist indivisible quarks, like the electrons. All matter around us is made of elementary particles. ( building blocks of matter > quarks and leptons). All stable matter in the universe is made from particles that belong to the first-generation. Fundamental forces result from the exchange of force-carrier particles, which belong to a broader group called “bosons”. The strong force is carried by the “gluon”, electromagnetic force is carried by the “photon.”. Rather, the dispute involved contested claims between the parties relating to alleged irregularities in the utilisation of land belonging to Ambience Developers for the developmentDevelopment ανάπτυξη of the residential colony.

PRAKASH ATLANTA JV vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA
Civil Appeal No. 4513/2025, Diary No. 17730/2013, Date: 20 January 2026 (2026 INSC 76)

ArbitrationArbitration (ADR) A dispute settlement process whereby the parties agree to submit their differences to judges of their own choice and to abide by the decision of the judges. and ConciliationConciliation A non-binding dispute settling procedure by which a dispute is referred to a commission of persons who are empowered to examine the facts and make recommendations for settlement. Act, 1996. Where the view taken by an arbitral tribunal is a possible and plausible one, it cannot be substituted merely because an alternative view is also available. The construction and interpretation of a contractContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. and its terms lie squarely within the domain of the arbitral tribunal. Unless the interpretation adopted is such that no fair-minded or reasonable person could have arrived at it, judicial interference is unwarranted. Where two plausible interpretations of a contractual provision exist, no infirmity can be found if the arbitrator chooses one over the other. For an award to be held in conflict with the public policy of India, it must be shown to contravene the fundamental policy of Indian lawIndian Law Basic Indian Laws Indian Ancient Laws Manu Smriti, a ground which is narrowly construed.

GUJARAT PUBLIC SERVICE COMMISSION vs. GNANESHWARY DUSHYANTKUMAR SHAH
Civil Appeal No. 344/2026, Diary No. 54046/2025, Date: 19 January 2026 (2026 INSC 70)

The criteria for the interview and the qualifying marks were expressly notified. The candidate applied pursuant thereto, participated in the selection process, and took her chance. It was only after being declared unsuccessful that she sought to invoke an entirely different regulatory framework. It is a settled principle of lawLaw νόμος: Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. Law Practice. Read a scholarly article that a candidate who participates in a selection process without demur cannot, upon being unsuccessful, turn around and challenge the rules governing that process. The Division Bench of the High Court, therefore, erred in holding that the candidate was not precluded from questioning the selection process.