Jan (2026) - secondary cases

Comprehensive flashcards covering key Supreme Court decisions from early $$2026$$ regarding the Arbitration and Conciliation Act, Foreign Trade Policy, and UGC Equity Regulations.

Viraj Impex Pvt. Ltd. v. Union of India & Anr. ($2026$ INSC $80$)

A Supreme Court case establishing that notifications issued under Section $3$ of the Foreign Trade (Development and Regulation) Act, $1992$ only acquire force of law upon formal publication in the Official Gazette.

Vineet Jindal v. Union of India & Ors. ($2026$)

An interim Supreme Court order that put the $2026$ UGC Equity Regulations in abeyance due to concerns over vagueness and the exclusion of general category students.

Clause $3(c)$ of the $2026$ UGC Regulations

A provision defining 'caste-based discrimination' exclusively for SC/ST/OBCs, which was challenged for violating the Right to Equality under Article $14$.

Clause $7(d)$ of the $2026$ UGC Regulations

A provision concerning student allocation in hostels/classrooms that the Court warned could create an unconstitutional 'separate but equal' framework.

Article $142$ of the Constitution of India

Granting the Supreme Court extraordinary powers to pass orders for doing complete justice; used to stay the $2026$ UGC Regulations and reinstate the $2012$ framework.

Jan De Nul Dredging India Pvt. Ltd. v. Tuticorin Port Trust ($2026$ INSC $34$)

A case clarifying that the Appellate Court's jurisdiction under Section $37$ of the Arbitration Act is circumscribed and limited to the restrictions of Section $34$.

Section $37$ of the Arbitration and Conciliation Act, $1996$

Governs the powers of the Appellate Court, which lacks the authority to reappraise evidence or substitute findings based on alternative contract interpretations.

Jagdeep Chowgule v. Sheela Chowgule & Ors. ($2026$ INSC $92$)

A Supreme Court ruling defining which 'Court' has the jurisdiction to extend the time limit of an arbitral tribunal under Section $29A$.

Section $2(1)(e)$ 'Court'

The Principal Civil Court of original jurisdiction in a district or a High Court exercising ordinary original civil jurisdiction, specifically for the purposes of Section $29A$.

Functus Officio

A legal status where a Court's jurisdiction (such as a High Court's power to appoint an arbitrator under Section $11$) is completely exhausted once the arbitral tribunal is constituted.

Regenta Hotels Private Limited v. M/S Hotel Grand Centre Point and Others ($2026$ INSC $32$)

A case establishing that arbitral proceedings commence based on Section $21$ notice, not the filing of a Section $11$ petition.

Section $21$ of the Arbitration and Conciliation Act, $1996$

States that arbitral proceedings commence on the date the respondent receives a request to refer the dispute to arbitration.

Section $9(2)$ of the Arbitration and Conciliation Act, $1996$

Requires that arbitral proceedings be 'commenced' within $90$ days of an interim protection order being granted.

Section $29A(6)$ of the Arbitration Act

Vests the exclusive discretionary power to substitute one or all arbitrators while extending a time limit in the Court defined under Section $2(1)(e)$.