Corporate
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SARFAESI | Sale Certificate Issued To Non-Bidder Entity That Didn't Exist On Auction Date Is Illegal : Supreme Court
The Supreme Court has held that an entity which did not exist when bids were invited and received in a SARFAESI auction could not subsequently be made the beneficiary of the sale by issuance of a sale certificate in its favour. A bench comprising Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe observed while setting aside the Madras High Court's decision to uphold the auction sale...
SARFAESI | Bids Received In Defiance Of Restraint Order Cannot Form Foundation Of Valid Sale: Supreme Court
The Supreme Court on Wednesday (September 30) set aside an auction sale concluded in defiance of the Security Interest (Enforcement) Rules, 2002, noting that bids had been received in violation of a restraint order on the auction sale and that the sale had taken place before the expiry of the 30-day notice period to the borrower. Amongst other things, a major violation occurred of the...
Supreme Court Refuses To Interfere With Delhi High Court Ruling Against Ilaiyaraaja In 'En Iniya Pon Nilave' Copyright Dispute
The Supreme Court today (01 October) has refused to interfere with the Delhi High Court's order restraining the use of a recreated version of the song En Iniya Pon Nilave, in a challenge brought up by music composer Ilaiyaraaja. The bench, instead, clarified that the High Court's observations are prima facie. A bench of Justice JB Pardiwala and Justice K Vinod Chandran was hearing the...
IBC | CIRP Need Not Be Set Aside Merely Because S 9 Application Was Filed Fraudulenty : Supreme Court
The Court said that while the Adjudicating Authority can recall the admission of a Section 9 application on the ground of fraudulent jurisdictional facts, the CIRP need not automatically be terminated.
Corporate Criminal Liability – Who Forms Mens Rea For Company?
Corporate entities have long been regarded as incapable of being prosecuted for offences which constitute of mens rea, the mental component of criminality. The Supreme Court has dislodged this roadblock, and held that mens rea of natural persons can be attributed to corporate entities, making them liable for commission of such crimes.On 7 September 2026, in Sanofi India Ltd. v. Central Bureau of Investigation, the Supreme Court has made initial inroads towards creating a legal framework, for...
S. 53 Patents Act | Should Patent Term Be Counted From Date Of Grant If There Was Delay In Deciding Application? Supreme Court To Decide
The Supreme Court has issued notice on a plea seeking consideration of a mechanism for Patent Term Adjustment (PTA) in India, raising the question whether a patentee should receive additional patent protection where a substantial portion of the statutory 20-year term is lost because of delay in granting the patent. A bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe issued...
Supreme Court Dismisses Percept's Appeal Against ₹14.49 Crore Arbitral Award In Favour Of Sourav Ganguly
The Supreme Court on Monday refused to entertain an appeal filed by Percept Talent Management challenging a Calcutta High Court judgment which upheld a ₹14.49 crore arbitral award in favour of former Indian cricket captain Sourav Ganguly.A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was dealing with Percept Talent Management Ltd.'s plea against the Calcutta High...
Arbitral Tribunal Cannot Award Pre-Reference Interest If There's Contractual Bar: Supreme Court
The Supreme Court has held that when a contractual clause bars claims for interest arising from delay in making periodical or final payments, it is impermissible for an arbitral tribunal to award the same as a pre-reference interest under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996. A bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe set aside the...
Arbitration | High Court's Location Doesn't Become Arbitration's Seat Just Because HC Appointed Arbitrator : Supreme Court
The Supreme Court on Wednesday (September 23) has held that mere conduct of arbitral proceedings at a particular place does not, by itself, determine the juridical “seat” of arbitration, in the absence of an express designation or agreement between the parties. A Bench of Justice Sanjay Kumar and Justice Sanjeev Sachdeva set aside the Orissa High Court's judgment, which had deemed Cuttack...
Five Adani Group Companies Settle SEBI Cases Over Hindenburg-Linked Issues For ₹1.5 Crore
Five Adani Group companies have settled SEBI adjudication proceedings arising from an examination into issues highlighted in the Hindenburg Report by paying combined settlement amounts of ₹1.508 crore. SEBI Adjudicating Officer Jai Sebastian passed the settlement order on Tuesday (September 22) The proceedings concerned Adani Enterprises Limited, Adani Total Gas Limited, AWL Agri...
