Category: Corporate

Securities and Exchange Board of India Act, 1992 — Section 15Z — Appeal to Supreme Court against SAT order setting aside Adjudicating Officer’s order imposing penalties for violation of SEBI (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003 and Securities Contracts (Regulation) Act, 1956 — Held, diversion of funds from preferential issue was in violation of Regulations and detrimental to investors — SAT’s reversal of AO’s order based on shareholder ratification was erroneous — Appeals allowed — Order of Adjudicating Officer restored.

2026 INSC 245 SUPREME COURT OF INDIA DIVISON BENCH SECURITIES AND EXCHANGE BOARD OF INDIA Vs. TERRASCOPE VENTURES LIMITED ETC ( Before : J.B. Pardiwala and K. V. Viswanathan, JJ.…

Contract Act, 1872 — Section 126 — Guarantee — Corporate Guarantee — Defendant No.1 executed a written undertaking (Corporate Guarantee) to pay a sum of USD 100,000 — This constituted a valid guarantee, not just a freight payment arrangement — Liability of surety is co-extensive with principal debtor.

2026 INSC 247 SUPREME COURT OF INDIA DIVISON BENCH CANARA BANK OVERSEAS BRANCH REP. BY SENIOR MANAGER Vs. ARCHEAN INDUSTRIES PRIVATE LIMITED AND ANOTHER ( Before : J.B. Pardiwala and…

Companies Act, 2013 — Section 66 — Reduction of Share Capital — Procedural Fairness — Minority Shareholders — Valuation of Shares — Non-disclosure of valuation report and fairness report in notice for general meeting — Held, not a “tricky notice” as statutory requirement for valuation report not mandated under Section 66 — Valuation by a related agency — Held, not a conflict of interest where internal auditor is independent and valuation agency follows accepted norms — Discount for Lack of Marketability (DLOM) — Held, applicable to illiquid shares, especially in absence of oppression — Share price fixation — Held reasonable based on market value of subsidiary, past offers, and rights issue.

2026 INSC 213 SUPREME COURT OF INDIA DIVISION BENCH PANNALAL BHANSALI Vs. BHARTI TELECOM LIMITED AND OTHERS ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. ) Civil Appeal…

Debts Recovery Tribunal Act, 1993 — Auction Sale — Revaluation of Property — High Court’s direction to reconsider valuation after confirmation of auction sale is permissible if there are credible issues regarding adequacy of valuation or fairness of process for fixing reserve price, to ensure best possible value is realised for the secured asset.

2026 INSC 237 SUPREME COURT OF INDIA DIVISION BENCH OM SAKTHI SEKAR Vs. V. SUKUMAR AND OTHERS ( Before : J.B. Pardiwala and R. Mahadevan, JJ. ) Civil Appeal No.…

Contract Act, 1872 — Section 133 — Discharge of surety by variance in terms of contract — A variance made without the surety’s consent in the terms of the contract between the principal debtor and the creditor discharges the surety only with respect to transactions occurring subsequent to the variance. The surety remains liable for the original amount guaranteed.

2026 INSC 205 SUPREME COURT OF INDIA DIVISION BENCH BHAGYALAXMI CO-OPERATIVE BANK LTD. Vs. BABALDAS AMTHARAM PATEL (D) THROUGH LEGAL REPRESENTATIVES AND OTHERS ( Before : B.V. Nagarathna and Ujjal…

“Sharbat Rooh Afza” — Classification — Contains declared fruit juice and derives essential beverage identity from fruit-based constituents — Invert sugar syrup acts as carrier, sweetener, and preservative, not determinative of commercial identity — Fruit juice and allied distillates impart flavour and beverage character — Held to be classifiable as “fruit drink” under Entry 103.

2026 INSC 195 SUPREME COURT OF INDIA DIVISION BENCH M/S HAMDARD (WAKF) LABORATORIES Vs. COMMISSIONER, COMMERCIAL TAX, U.P. COMMERCIAL ( Before : B.V. Nagarathna and R. Mahadevan, JJ. ) Civil…

Telecommunication Act, 2023 — Spectrum Allocation — Supreme Court’s order dated 15.02.2013 directing licensees to pay reserve price — Liability commences from 02.02.2012 for those continuing operations — End date is determined by the issuance of Letter of Intent (LoI) or cessation of operations.

2026 INSC 174 SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA Vs. SISTEMA SHYAM TELESERVICES LIMITED ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. ) Civil Appeal…

Advocates Act, 1961 — Section 38 — Appeal against Bar Council of India judgment — Professional misconduct — Failure to act with reasonable diligence and absence from Court hearing leading to dismissal of quashing petition — High Court ordered quashing of FIR subject to deposit of costs — Costs not deposited in time, FIR quashing order recalled and petition dismissed — Application to recall dismissal order allowed, quashing restored subject to enhanced costs — Compromise reached between advocate and complainant, misunderstanding about costs resolved — High Court waived enhanced costs — FIR quashed — Complainant filed affidavit withdrawing complaint due to misunderstanding about costs and expressing satisfaction with advocate’s services — Disciplinary Committee of Bar Council of India held advocate guilty of professional misconduct despite withdrawal affidavit — Supreme Court held that disciplinary committee ignored vital aspect of withdrawal affidavit and satisfaction of complainant — Substratum of complaint ceased to exist once dispute was resolved and withdrawn — Finding of professional misconduct unsustainable.

2026 INSC 94 SUPREME COURT OF INDIA DIVISION BENCH MONTY GOYAL Vs. NAVRANG SINGH ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Civil Appeal No(s). 77 of 2026…

Expression ‘date of this Notification’ means date of publication in Official Gazette – Foreign Trade (Development and Regulation) Act, 1992 — Section 3 — Notification — Publication in Official Gazette — Essential requirement for enforceability — Delegated legislation requires publication for accessibility, notice, accountability and solemnity — Not an empty formality but transforms executive decision into law — Strict compliance with publication requirement is a condition precedent — Law must be promulgated or published in a recognisable way. (Paras 16, 17, 18, 19)

2026 INSC 80 SUPREME COURT OF INDIA DIVISION BENCH VIRAJ IMPEX PVT. LTD. Vs. UNION OF INDIA AND ANOTHER ( Before : Pamidighantam Sri Narasimha and Alok Aradhe, JJ. )…

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