Wednesday, 16 September 2026

Edition No. 54. The day’s most significant judgments from India’s courts.

In today’s digest

  • Entitlement Rules | Presumption of attributability binding : SC
  • CGST Rule 96(10) | Omission voids pending proceedings : Calcutta HC
  • S.5(2)(b) IT Act | Payer residence cannot tax non-resident : Delhi HC
  • S.432 BNSS | Appellate court can admit victim's age proof : HP HC
  • S.54 TPA | Sale agreement possession is not adverse : Uttarakhand HC
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Supreme Court

1Supreme CourtGovernment & Public Body Interactions

The dispute. Armed forces personnel discharged with disabilities were denied disability pension after medical boards categorized their conditions as non-attributable to service. Lower tribunals granted pensionary relief by presuming personnel enter service in sound physical and mental health. The Union of India appealed to the Supreme Court, contending that subsequent pension rules had eliminated the statutory presumption of attributability.

The reasoning. Unpromulgated entitlement rules cannot dismantle the protective casualty pension regime. For claims brought within fifteen years, the employer retains the burden to disprove service connection with reasoned medical evidence.

For your practice. Claimants filing within fifteen years of discharge enjoy a presumption of attributability, requiring the establishment to produce reasoned medical proof to deny pensions.

The order. Dismissing the Union's appeals on limitation and merits without costs, the Supreme Court affirmed the tribunal orders granting disability pensionary awards to the respondent ex-servicemen.

Entitlement Rules for Casualty Pensionary Awards, 1982

Case
UNION OF INDIA vs NC ISAAC (RETD.)
Citation
Supreme Court of India · C.A. No.-012885-012885 - 2026 · 2026 INSC 993 · 15.09.2026
Bench
Pamidighantam Sri Narasimha, Alok Aradhe

High Courts

2High CourtGovernment & Public Body Interactions

The dispute. An Indian pharmaceutical firm remitted US drug exclusivity settlement proceeds to an Israeli company while withholding tax at source. The tax authority initiated reassessment proceedings, asserting that payment by a resident automatically constituted income accruing in India. The foreign entity filed a writ petition challenging the reassessment notices and the advance ruling authority's refusal to determine taxability.

The reasoning. Source taxation requires a real territorial nexus or business connection rather than a mechanical payer-location rule. Because the commercial rights and markets were situated entirely abroad, the remitted proceeds did not accrue in India.

For your practice. Cross-border tax claims cannot rest solely on the payer's domestic residence without demonstrating a tangible economic nexus or statutory deeming connection within India.

The order. The High Court quashed the reassessment notices, set aside the advance ruling order, and directed the revenue to refund over 783 crore rupees in withheld tax with interest within two months.

Section 5(2)(b), Income Tax Act, 1961

Case
TEVA PHARMACEUTICAL INDUSTRIES LIMITED vs ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 3 (1)(1), INTERNATIONAL TAXATION, NEW DELHI
Citation
Delhi High Court · CW - 4065/2022 · 2026:DHC:7843-DB · 15.09.2026
Bench
Dinesh Mehta, Vinod Kumar
3High CourtProperty & Asset Disputes

The dispute. Plaintiffs filed a revenue suit claiming bhumidhari land rights by adverse possession, alleging purchase under unregistered sale agreements two decades earlier. The recorded owners denied transferring the land and asserted continuous cultivatory possession through sharecroppers. After revenue courts concurrently decreed the suit, the recorded tenure-holders challenged the adverse possession declarations before the Uttarakhand High.

The reasoning. Under Section 54 of the Transfer of Property Act, an unregistered sale agreement creates no property interest, leaving possession inherently permissive.

For your practice. Plead and prove the exact date when possession turned openly hostile to sustain adverse possession, as occupancy rooted in an informal sale agreement remains strictly permissive.

The order. Writ petition allowed. Judgments of the Assistant Collector, Commissioner, and Board of Revenue set aside, and the matter is remanded to the Assistant Collector, Haldwani, for fresh decision.

Section 54, Transfer of Property Act, 1882

Case
Rajvinder Singh & ors. v. Jagdish Chandra & ors.
Citation
Uttarakhand High Court · WPMS/1219/2026 · 2026:UHC:8275 · 15.09.2026
Bench
Manoj Kumar Tiwari
4High CourtGovernment & Public Body Interactions

The dispute. GST intelligence authorities issued a show cause notice in January 2024 alleging Glen Industries violated Rule 96(10) between 2017 and 2021. Glen Industries filed a writ petition before the Calcutta High Court seeking to quash the notice and consequential demand orders.

The reasoning. Upon the unconditional omission of a statutory provision without a saving clause, the provision ceases to exist in law. Consequently, no ongoing or fresh proceedings can be initiated or continued on the basis of the omitted rule.

Upon omission of a provision without any saving clause the provision ceases to exist in the eye of law and no proceedings can be initiated or continued on the basis thereof.
From the judgment

For your practice. Check for express saving clauses in amending notifications, and rely on Rule 96(10)'s unconditional omission alongside binding Supreme Court precedent to strike down pending.

The order. Show cause notice dated 9 January 2024 and consequential orders dated 30 January 2025 quashed. The Court held that no tax proceedings could be initiated or continued under the omitted Rule 96(10).

Rule 96(10), Central Goods and Services Tax Rules, 2017

Case
M/s. Glen Industries Private Limited & ors. versus The Deputy Director, Directorate General of GS T Intelligence, Kolkata Zonal Unit & ors.
Citation
Calcutta High Court · WPA/3254/2025 · 15.09.2026
Bench
Smita Das De
5High CourtWork & Employment Issues

The dispute. A market committee clerk was denied promotion after the marketing board wrongfully transferred another employee into the post. Following revision proceedings, the transfer was quashed and the clerk received retrospective promotion from 2008, but was denied intervening salary arrears. Aggrieved by the rejection of his claim under the principle of no work no pay, the employee filed a writ petition before the High Court.

The reasoning. The rule of no work no pay does not apply when a willing employee is kept away from work by the employer. Denying salary arrears for retrospective promotion defeats the remedy where the employee was prevented from working without fault.

The normal rule of "no work no pay" is not applicable to cases such as the present one where the employee although he is willing to work is kept away from work by the authorities for no fault of his.
From the judgment

For your practice. Practitioners must now prove employee fault to deny arrears for notional promotions; mere non-performance insufficient when employer caused inability to work. Shift burden to employers to show employee's unwillingness/default in service cases involving retrospective promotions.

The order. Petitioner entitled to pay and allowances for Auction Recorder post w.e.f. 21.01.2008 to 23.04.2012. Impugned orders dated 25.10.2013 and 22.09.2014 denying arrears quashed. Respondents directed to calculate and release arrears within three months from date of receipt of certified copy of order. No interest rate specified.

Article 14 of the Constitution of India

Case
JASKARAN SINGH vs PUNJAB STATE AGRICULTURAL MARKETING BOARD AND ANR
Citation
Punjab and Haryana High Court · CWP/25747/2016 · 15.09.2026
Bench
Namit Kumar
6High CourtCriminal Issues

The dispute. A woman died by hanging four months after marriage following persistent physical abuse and dowry demands of fifty thousand rupees. Family members deposed consistently regarding the harassment, while the accused alleged an illicit relationship and argued the absence of injury marks negated cruelty. The trial court convicted the husband and brother-in-law for dowry death and cruelty, which they challenged on appeal before the High Court.

The reasoning. Related witnesses in matrimonial disputes are not interested, and their credible testimony requires no external corroboration. Continuous harassment throughout a brief marriage satisfies the statutory requirement of cruelty occurring soon before death.

In these circumstances, far from discharging the reverse burden placed upon them, the explanations offered by the Appellants, being false and unsubstantiated, only served to reinforce the presumption of guilt arising under Section 113 -B, and the presumption must accordingl y be held to stand un -rebutted.
From the judgment

For your practice. Practitioners must now be prepared to counter claims that family witness testimony is inherently unreliable, to argue that persistent demand and cruelty throughout a short marriage can meet the 'soon before death' test, and to ensure that the foundational facts for Section 113-B presumption are solidly proved before relying on the presumption of guilt.

The order. The appeal was dismissed; the conviction under Section 304-B IPC (10 years rigorous imprisonment) and Section 498-A IPC (3 years rigorous imprisonment and fine of Rs. 5,000) was maintained. The appellants were entitled to the benefit of set-off under Section 428 Cr.P.C.

Section 304B, Indian Penal Code, 1860

Case
NAVEEN KUMAR VERMA & ors. vs STATE
Citation
Delhi High Court · CRL.A.-677/2004 · 2026:DHC:7815 · 15.09.2026
Bench
Vimal Kumar Yadav

Tribunals

7TribunalConsumer & Service Problems

The dispute. State Bank of India delayed debiting the annual renewal premium from an account holder's savings account for a personal accident policy. The bank appealed against the District Commission's order directing it to pay insurance cover with interest and compensation for mental agony.

The reasoning. The SCDRC held that interest and compensation for mental agony cannot be awarded together in consumer claims. As interest compensates for delay, granting separate damages for mental agony constitutes impermissible double recovery for the same loss.

It is well settled that both interest and compensation for mental agony, can not be awarded together, hence the award of Rs. 5,000/- towards financial & mental agony, needs to be set aside.
From the judgment

For your practice. Litigators should avoid claiming separate mental agony damages alongside interest, while holding banks liable for policy lapses caused by delayed premium debits.

The order. The SCDRC partly allowed the appeal, setting aside the award of Rs 5,000 for mental agony. It affirmed the insurance payout of Rs 2,00,000 with 6% annual interest and Rs 5,000 litigation expenses.

Section 14, Consumer Protection Act, 2019

Case
State Bank of India vs Smt. Ilma Devi & ors.
Citation
State Consumer Disputes Redressal Commission · SC/5/A/80/2022 · 15.09.2026
Bench
Kumkum Rani, B.S. Manral

Also decided

The Supreme Court affirmed that the presumption of attributability under the 1982 Entitlement Rules remains binding for armed forces disability pensions, holding that unpromulgated 2008 revisions cannot displace the employer's burden to disprove service connection. By reinforcing statutory presumptions against administrative denial of military disability claims, does this ruling ensure long-overdue institutional protection for veterans, or will it compel the executive to formalise stricter evidentiary thresholds for service-related ailments?

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Curated by the Cassie editorial desk. Read earlier briefs