सुप्रीम कोर्ट ने किया निर्णय: विकलांग पेंशन नियम, NCLAT e‑filing गड़बड़ी, घरेलू हिंसा अधिनियम, POCSO एवं अन्य प्रमुख मामलों पर

This roundup of weekly legal developments in India covers the most significant Supreme Court and High Court rulings, including Disability Pension Rules substantially retaining the 1982 scheme with the burden shifting to ex-servicemen after 15 years, NCLAT e-filing glitches not prejudicing litigants, no limitation period for approaching the Magistrate under Section 12 of the Domestic Violence Act, conditional sale of minerals from expired mining leases subject to strict safeguards, subsequent failure to fulfil a promise of marriage not constituting an offence under Section 69 BNS absent initial deceitful intent, and inappropriate conduct without sexual intent not amounting to sexual assault under POCSO and others

TOP STORY OF THE WEEK

Disability Pension| Entitlement Rules 2008 Substantially Retain 1982 Scheme; Burden Shifts to Ex-Servicemen After 15 Years

In Union of India v. Col. NC Isaac, 2026 SCC OnLine SC 1895, while hearing a batch of appeals concerning entitlement of ex-servicemen to the disability element of service pension, a Division Bench examined the legal effect of the Entitlement Rules, 2008 (2008 Rules) vis-à-vis the Entitlement Rules, 1982 (1982 Rules). The Court held that, assuming the Entitlement Rules, 2008 have legal effect, they substantially reproduce the 1982 scheme on causal connection, onus, attributability and aggravation, subject to the limited qualification under Rule 7 shifting the burden upon the claimant where the claim is preferred after 15 years. The Court, however, noted that the Union had failed to demonstrate the source, time and manner in which the 2008 Rules were validly promulgated so as to repeal or supersede the 1982 Rules, and emphasised that the applicable pensionary rules must be formulated and notified authoritatively by the competent authority. The Court further held that the opinion of the Medical Board deserves due weight and ought not to be substituted merely because another view is possible, while directing tribunals to scrutinise the opinion and reasons of the Medical Board in pending matters. Dismissing the present batch of appeals on the grounds of delay as well as on merits, the Court clarified that in claims preferred after 15 years, the burden under Rule 7 of the 2008 Rules shifts upon the claimant to prove the conditions of entitlement. Read more about Entitlement Rules 2008 HERE

SUPREME COURT HIGHLIGHTS OF THE WEEK

Bar Enrolment| Supreme Court allows provisional enrolment of candidates with prior open/distance mode degrees enrol as advocates after regular mode LLB

In STS Gladies v. BCI1, while hearing a batch of appeals concerning the eligibility of candidates for enrolment as advocates where the law degree has been obtained through the regular mode, but the preceding educational qualifications have been obtained through the open, distance or correspondence mode, the Division Bench considered requests for provisional enrolment pending final adjudication of the appeals and directed the Telangana State Bar Council to provisionally enrol the applicants. Read more about provisional enrolment of candidates with prior open/distance mode degrees HERE

Also Read: Raj HC: Directs Rajasthan Bar Council to Dispose of Enrollment Applications| SCC Times

Delay and Laches| Technical glitch in NCLAT e-filing system cannot prejudice litigant

In EPFO-II v. Mamta Binani, 2026 SCC OnLine SC 1900, while hearing an appeal arising from the National Company Law Appellate Tribunal’s (NCLAT) order, wherein, the appellant’s challenge to the National Company Law Tribunal’s (NCLT) order approving a resolution plan in respect of Rolta India Ltd., was dismissed as time-barred after refusing to condone a delay of 1 day beyond the maximum condonable period under Section 61(2), Insolvency and Bankruptcy Code, 2016 (IBC), the Division Bench applied the principle actus curiae neminem gravabit and restored the appeal before NCLAT, holding that Section 61(2) IBC does not permit the NCLAT to condone delay beyond 45 days, however, where a litigant’s bona fide attempt to file within that period is frustrated solely by failure of the NCLAT’s e-filing system, the period of system failure may be excluded and the first bona fide filing attempt treated as the date of presentation. Read more HERE

Domestic Violence| DV Act prescribes no limitation period for approaching Magistrate under Section 12; Mere delay does not warrant quashing of proceedings

In X v. Y, 2026 SCC OnLine Ker 14871, while hearing a petition filed under Section 528, Nagarik Suraksha Sanhita, 2023 (BNSS), seeking quashing of proceedings initiated under Section 12, Protection of Women from Domestic Violence Act, 2005 (PWDV Act), a Single Judge Bench held that mere delay in approaching the Magistrate, the timing of the proceedings, or the existence of disputed allegations cannot, by themselves, justify quashing proceedings under the PWDV Act. Read more about limitation period under S. 12 DV Act HERE

Environmental Law| SC permits conditional sale of minerals from expired mining leases; allows amalgamation of mining blocks with virgin forest land subject to strict safeguards

In Samaj Parivartana Samudaya v. State of Karnataka, 2026 SCC OnLine SC 1899, a long-running litigation concerning mining activities in Karnataka, while considering the applications concerning sale of minerals lying with erstwhile lessees after expiry of mining leases and amalgamation of mining blocks of different categories with virgin forest land for auction, the three-Judge Bench approved Amicus’s 11 condition framework for disposal of minerals from expired leases, holding the conditions to be mandatory, while permitting amalgamation of Category A, B and C mining leases with virgin forest land subject to strict statutory and environmental safeguards. The Court clarified that amalgamation or execution of a composite lease does not, by itself, authorise mining in virgin forest areas without the requisite statutory approvals. Read more about conditional sale of minerals from expired mining leases HERE

False Promise to marry| Subsequent failure to fulfil promise of marriage, without initial deceitful intent, does not constitute offence under Section 69 BNS

In Kunal Rameshbhai Kalyani v. State of Gujarat, 2026 SCC OnLine SC 1818, while examining the scope of Section 69, Nyaya Sanhita, 2023 (BNS) in the context of an allegation that sexual relations were established on the promise of marriage, the Division Bench distinguished a promise to marry made with a fraudulent intention from the outset from a genuine promise that is subsequently not fulfilled because of circumstances arising later. The Court held that a mere subsequent failure or refusal to marry does not, by itself, attract Section 69 BNS. There must be material indicating that the promise to marry was made without any intention of fulfilling it when the promise was made. The Court quashed the FIR, holding that the allegations in the FIR disclosed a consensual relationship and did not establish deceitful conduct within Section 69 BNS. Read more about offence under S. 69 BNS HERE

Also Read: Mere promise-to-marry allegation by married woman insufficient: Ker HC | SCC Times

POCSO| Inappropriate conduct or corporal punishment without sexual intent does not amount to sexual assault

In Bhaskar Paul v. State of W.B., 2026 SCC OnLine SC 1833, while hearing a case concerning allegations of sexual assault under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) against a Geography teacher accused of beating 2 minor girl students and touching their backs, waists and necks while teaching them, a Division Bench examined whether such conduct, in the absence of the requisite “sexual intent”, could constitute sexual assault under Section 7, POCSO Act and attract the aggravated offence under Section 10. The Court held that although a teacher is expected to exercise greater sensitivity while dealing with young students, particularly girl students, inappropriate physical conduct or corporal punishment, by itself and without the requisite sexual intent, could not justify prosecution under the stringent provisions of the POCSO Act. Holding that continuation of the proceedings would amount to an abuse of the process of law and cause extreme prejudice to the accused; the Court quashed the criminal proceedings. Read more HERE

Also Read: Penetrative sexual assault convict acquitted by SC | SCC Times

MAJOR HIGH COURT RULINGS THIS WEEK

Cyber financial crime investigations | Can your entire bank account be frozen over a ₹100 fraud alert

In Shree Balaji Enterprises v. RBI, 2026 SCC OnLine Raj 5476, while hearing a common judgment disposing of several writ petitions, where the common issue raised was freezing, debit freezing, lien marking, holding and seizure of bank accounts in cyber fraud investigations, a Single Judge Bench directed the respondents to review the restraints imposed upon the petitioner’s bank accounts such as freezing of account, debit freeze, transaction-specific hold or lien, seizure of property, attachment of proceeds of crime and independent banking restrictions, in the light of directions and guidelines given by the Court. The Court held that the terms such as suspicious transactions, mule account, Layer-1 account or cyber fraud transaction may justify investigation but cannot constitute adequate reasons for indefinitely immobilising the entire bank account. Read more about Rjasthan HC guidelines on Cyber financial crime investigations HERE

Disparagement suit| Delhi High Court rejects Bombay Shaving Company’s amended Switch4 Advertisement in Gillette disparagement suit

In Gillette India Ltd. v. Visage Lines Personal Care (P) Ltd.2, while hearing a case concerning the alleged disparagement of Gillette’s products through an advertisement for Bombay Shaving Company’s Switch4 razor, a Single Judge Bench took strong exception to the portrayal of Court proceedings in the impugned advertisement. The Court described the portrayal as an “outright mockery” of the Court, questioned the defendant’s continued use of such a promotional approach, and directed Bombay Shaving Company to take down the impugned advertisement from all platforms controlled by it. Read more about Gillette disparagement suit HERE

Divorce| Talaq-E-Hassan a valid form of divorce; registration must be sought before competent authority under Assam Act, 2024

In X v. State of Assam3, while hearing a writ petition concerning registration of a divorce pronounced through Talaq-E-Hassan, a Single Judge Bench referring to Shayara Bano v. Union of India, (2017) 9 SCC 1, held that Talaq-E-Hassan is a valid and recognised form of Talaq and is not prohibited under law. The Court noted that the authority approached by the petitioner for registering the divorce was functioning under the repealed Assam Moslem Marriages and Divorces Registration Act, 1935. Therefore, it directed him to approach the jurisdictional Marriage and Divorce Registrar under the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024 to complete the mandatory registration process. Read more about validity of a divorce through Talaq-E-Hassan HERE

Jurisdiction| No Delhi jurisdiction over Maharashtra FDA notice to VIMAL Elaichi’s brand ambassadors; mere location of business and FSSAI in Delhi insufficient

In P.B. Agro LLP v. Union of India, 2026 SCC OnLine Del 7080, while hearing a challenge to a show-cause notice issued by the Food and Drug Administration (FDA), Mumbai, to the brand ambassadors of the VIMAL Elaichi advertising campaign, namely, Ajay Devgn, Shah Rukh Khan and Tiger Shroff, for alleged misrepresentation of the product in their advertisement, a Single Judge Bench held that the mere fact that a petitioner is based in Delhi, or that certain authorities impleaded in the writ petition are situated in Delhi, does not confer territorial jurisdiction upon the Delhi High Court where the impugned action has been independently initiated by a State authority in another State and no substantial part of the cause of action has arisen in Delhi. The Court also held that courts in the State where the impugned action originated would be the more appropriate and convenient forum under the doctrine of forum conveniens. Read more about VIMAL Elaichi advertising campaign suit HERE

POSH| POSH limitation runs from the last incident, not the fear or apprehension in the mind of the complainant

In State of W.B. v. Lala Mir, 2026 SCC OnLine Cal 13644, while hearing a writ petition filed against an order passed by the W.B. Administrative Tribunal, setting aside the ICC’s report under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH), a Division Bench declared that a 3-months period of limitation as per Section 9 of the Act is to be reckoned with reference to the date of the last incident of Sexual Harassment. Also, the Act does not recognize mere fear or apprehension in the mind of the complainant as a ground for lodging a complaint. Read more about period of limitation under POSH Act HERE

Rape| Victim’s credible testimony enough to sustain rape conviction despite no external injuries

In T. Thanaraj v. State of T.N., 2026 SCC OnLine Mad 7886, while hearing a criminal appeal, a Division Bench considered whether the conviction of appellant/accused for rape and allied offences could stand on the basis of the victim’s testimony, corroborative circumstances, and medical evidence despite the absence of external injuries and held that the victim testimony can sustain rape conviction when it inspires the confidence of the court and is natural, consistent, and trustworthy. While affirming the core prosecution version, the Court modified the conviction under Section 376(2)(f) IPC to Section 376(1) IPC, set aside the conviction under Section 354A(2) IPC, and maintained the conviction under Section 366 IPC. Read more about credible victim testimony to sustain rape conviction HERE

TRIBUNAL UPDATES OF THE WEEK

CCPA: Rapido’s pre-ride tipping prompts misleading and unfair; ₹10 lakh penalty imposed

In the matter of: Misleading advertisement, unfair trade practices and use of dark patterns by Rapido (Roppen Transportation Services Private Limited)4,while taking cognizance of a representation against Rapido (Roppen Transportation Services Pvt. Ltd.) concerning pre-ride tipping prompts displayed on its ride-hailing platform, the CCPA comprising Nidhi Khare, Chief Commissioner, and Anupam Mishra, Commissioner, examined whether such prompts amounted to misleading advertisements, unfair trade practices, unfair contracts and prohibited dark patterns under the Consumer Protection Act, 2019. The CCPA held that the impugned prompts created a misleading impression in the minds of consumers that paying an amount over and above the quoted fare would improve the likelihood and speed of ride confirmation, thereby violating Sections 2(28), 2(46) and 2(47) of the Consumer Protection Act, 2019 and the Dark Patterns Guidelines, 2023. Accordingly, to safeguard the interest of the consumers, the authority directed Rapido to discontinue the impugned prompts including the interface designs and imposed a penalty of ₹10 lakh. Read more about Rapido’s pre-ride tipping prompts HERE

FOREIGN COURT UPDATES

US Court refuses preliminary injunction in xAI Challenge to Minnesota’s AI Anti-Nudification Law amid child safety concerns

In IN x.AI LLC v. Keith Ellison5, the dispute arose from Minnesota’s enactment of HF 1606, an anti-nudification law regulating AI tools capable of generating realistic nude or sexually explicit images of identifiable persons. xAI LLC, the developer of Grok Imagine, filed suit against the Minnesota Attorney General, alleging that the law violates the First Amendment and seeking a preliminary injunction to prevent its enforcement. The Court, considered xAI’s motion for a preliminary injunction. The Court held that xAI failed to demonstrate irreparable harm, emphasizing that the company waited nearly three months after the statute was signed into law before initiating the action and sought injunctive relief only shortly before the law was scheduled to take effect. Read more about xAI Challenge to Minnesota’s AI Anti-Nudification Law HERE

THIS WEEK’S KEY LEGISLATIVE UPDATE

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Consumer Protection E-Commerce Amendment Rules 2026: Explained | SCC Times

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Maharashtra: DCPs as Competent Authorities under Rent Control Act | SCC Times

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RuPay and UPI transactions up to ₹2,000 remain free | SCC Times

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AIBE XXI COPs dispatched to State Bar Councils; Second lot announced | SCC Times

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Centre expands Chlorpheniramine Maleate-Phenylephrine Warning | SCC Times

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NPCI released UPI MDR: Charges, Exemptions & Rules Explained | SCC Times

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Cabinet Approves EPFO Wage Ceiling Hike to ₹25,000 | SCC Times

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CBDT notifies Income-tax (Fourth Amendment) Rules 2026 | SCC Times

OTHER DEVELOPMENTS OF THIS WEEK

OP.ED.

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Can a Prime Minister Lose Her Election? The Constitutional Battle That Changed Indian Democracy by Sariyah Khan

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When Humour Confronts Authority: Satire, Free Speech, and Constitutional Limits in India by Advaith Sri Krishna Datta Mamidanna

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The Creditor Takes the Wheel: Control, Custody and the New Creditor-Initiated Insolvency Resolution Process by V.P. Singh

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Anatomy of a Corporate Tunnel and the Regulatory Blind Spots in Related Party Transactions by Himanshu Mishra

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Artificial Light and Neurological Stress: A Study on Migraine as an Emerging Public Health Concern by Arshita Sharma and Prof. (Dr) Ashish Virk

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Taxing the Award: The Convergence of the MoRTH Arbitration Ban, Evidentiary Burdens, and GST Exposures in Infrastructure Claims by Manoj Thakur

KNOW THY JUDGE

Also Read:

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Calcutta Bar Library Club Unveils Ashoke Kumar Sen Portrait | SCC Times

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Weekly Legal Developments India: 7 – 13 Sep 2026 | SCC Times

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Rule of Law in infrastructure delivery: CJI addresses FIDIC conference | SCC Times

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DMD Advocates Win LawStrings Pickleball Cup Season 2 | SCC Times

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President appoints 14 Judicial Officers as High Court Judges | SCC Times

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NGT International Conference 2026: PM, CJI on Climate Action | SCC Times

1. Civil Appeal No. 13559 of 2025

2. CS(COMM) 1007 of 2026

3. WP(C) No. 4163 of 2026

4. CCPA-2/53/2025-CCPA

5. Civil No. 26-3425 (DWF/DTS)

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