Category: Corporate

Provincial Insolvency Act, 1920 — Section 37 — Proceedings on annulment — The validity of acts done by a court or receiver before annulment of adjudication of insolvency depends on whether the sales and dispositions of property and payments made were “duly made.” If these acts are found to be not duly made, Section 37 will not protect them.

2025 INSC 1159 SUPREME COURT OF INDIA DIVISION BENCH SINGAMASETTY BHAGAVATH GUPTHA AND ANOTHER Vs. ALLAM KARIBASAPPA (D) BY LRS./ALLAM DODDABASAPPA (D) BY LRS. AND OTHERS ( Before : Pamidighantam…

Competition Act, 2002 — Sections 3(1), 3(3)(b), 27, 48 — Anti-competitive agreements — Penalty on office-bearers — Principles of natural justice — Show cause notice — Opportunity of hearing — Commission’s power to differ with DG — Competent to impose penalties and behavioural remedies on individuals responsible for contravention after due process.

2025 INSC 1167 SUPREME COURT OF INDIA DIVISION BENCH COMPETITION COMMISSION OF INDIA Vs. KERALA FILM EXHIBITORS FEDERATION AND OTHERS ( Before : Manoj Misra and K. V. Viswanathan, JJ.…

Andhra Pradesh Motor Vehicles Taxation Act, 1963 — Section 3 — Levy of tax — Requirement of motor vehicle being used or kept for use in a ‘public place’ — ‘Public place’ defined under Section 2(34) of Motor Vehicles Act, 1988 as a road, street, way or other place to which public has a right of access — Visakhapatnam Steel Plant premises, being a restricted area with controlled access, not a public place — Tax not leviable on vehicles used exclusively within such premises.

025 INSC 1052 SUPREME COURT OF INDIA DIVISION BENCH M/S. TARACHAND LOGISTIC SOLUTIONS LIMITED Vs. STATE OF ANDHRA PRADESH AND OTHERS ( Before : Manoj Misra and Ujjal Bhuyan, JJ.…

ESI – The definition of ‘principal employer’ under Section 2(17) is wide and includes not only the owner or occupier of a factory (or head of department in government establishments) but also the managing agent or any person responsible for the supervision and control of the establishment — Designation is immaterial if the person functions as a managing agent or supervises/controls the establishment

2025 INSC 500 SUPREME COURT OF INDIA DIVISION BENCH AJAY RAJ SHETTY Vs. DIRECTOR AND ANOTHER ( Before : Sudhanshu Dhulia and Ahsanuddin Amanullah, JJ. ) Criminal Appeal No. ….of…

Validity of State rule providing for cancellation of Form C declaration — The power to prescribe the form of declaration (Form C) required under Section 8(4) of the CST Act, and the particulars to be contained therein, is conferred upon the Central Government under Section 13(1)(d) — The Central Government exercised this power by framing the Central Sales Tax (Registration and Turnover) Rules, 1957, which prescribe Form C (Rule 12(1)) but do not contain any provision empowering any authority to cancel such a declaration once issued.

2025 INSC 496 SUPREME COURT OF INDIA DIVISION BENCH STATE OF RAJASTHAN AND OTHERS Vs. COMBINED TRADERS ( Before : Abhay S Oka and Ujjal Bhuyan, JJ. ) Civil Appeal…

Writ jurisdiction under Article 226 of the Constitution is not absolutely barred by the statutory arbitration mechanism under the MSMED Act and can be exercised in exceptional cases, such as violations of fundamental rights, natural justice, or jurisdictional errors, despite the availability of alternative remedies

2025 INSC 91 SUPREME COURT OF INDIA FULL BENCH M/S TAMIL NADU CEMENTS CORPORATION LIMITED Vs. MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL AND ANOTHER ( Before : Sanjiv Khanna, CJI,…

Bank Loan — Auction — Solatium — Co-operative Bank, granted a business loan of Rs. 25,00,000 to respondents 1, 2, 5, and 6 — Upon default, the bank initiated recovery proceedings before the Assistant Registrar of Co-operative Societies, who awarded Rs. 21,92,942 with interest to the bank — The borrowers’ property was auctioned, with the appellant offering the highest bid of Rs. 81,20,000 — A sale confirmation certificate was issued, but the 1st and 2nd respondents challenged the auction in the Karnataka High Court — The court set aside the auction, noting that the borrowers had deposited Rs. 25,61,400 within three months of the writ petition and ordered the bank to refund the auction amount along with 5% additional compensation to the appellant — The appellant argued that the 5% solatium was inadequate and sought interest for being deprived of the auction amount since July 2019 — The court found merit in the appellant’s claim, ruling that the 4th respondent bank, which initiated the auction, must pay the appellant interest at 6% per annum on the Rs. 81,20,000 from 21st July 2019 until the refund — The court modified the earlier judgments, setting aside the 5% compensation and directing the bank to pay interest.

2024 INSC 793 SUPREME COURT OF INDIA DIVISION BENCH SALIL R. UCHIL — Appellant Vs. VISHU KUMAR AND OTHERS — Respondent ( Before : Abhay S. Oka and Ujjal Bhuyan,…

Drugs (Price Control) Order, 1995 — Paragraph 13 — Recovery of overcharged amount of drugs — Demand made by the National Pharmaceutical Pricing Authority (NPPA) to recover an overcharged amount for a Cloxacillin-based drug formulation called Roscilox — The Court found that the appellant’s admission of purchasing the drug directly from the manufacturer made it liable under Paragraph 13 of the Drugs (Price Control) Order, 1995 (DPCO) — The Court also rejected the appellant’s claim that it was only a ‘dealer’ and not a ‘distributor’ under the DPCO, as the definitions of these terms under the DPCO are not mutually exclusive — The Court further noted that the objective of the DPCO is to control the prices of medicinal drug formulations and ensure they are made available to the common man, and thus, the provision should not be subjected to a restricted or hidebound interpretation — Appeal Dismissed.

2024 INSC 521 SUPREME COURT OF INDIA DIVISION BENCH M/S. SUN PHARMACEUTICAL INDUSTRIES LTD. — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjay Kumar and…

Drugs (Price Control) Order, 1995 — Paragraph 13 — Recovery of overcharged amount of drugs — Demand made by the National Pharmaceutical Pricing Authority (NPPA) to recover an overcharged amount for a Cloxacillin-based drug formulation called Roscilox — The Court found that the appellant’s admission of purchasing the drug directly from the manufacturer made it liable under Paragraph 13 of the Drugs (Price Control) Order, 1995 (DPCO) — The Court also rejected the appellant’s claim that it was only a ‘dealer’ and not a ‘distributor’ under the DPCO, as the definitions of these terms under the DPCO are not mutually exclusive — The Court further noted that the objective of the DPCO is to control the prices of medicinal drug formulations and ensure they are made available to the common man, and thus, the provision should not be subjected to a restricted or hidebound interpretation — Appeal Dismissed.

2024 INSC 521 SUPREME COURT OF INDIA DIVISION BENCH M/S. SUN PHARMACEUTICAL INDUSTRIES LTD. — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjay Kumar and…

Bird and Company Limited (Acquisition and Transfer of Undertaking and Other Properties) Act, 1980 – Sections 3 and 7 – Renewal of mining leases granted to Bird and Company Limited, which were later vested in Bharat Process & Mechanical Engineers Limited (BPMEL) after nationalization. BPMEL, in liquidation, and its subsidiary OMDC are central to the case – The dispute revolves around the renewal of three expired mining leases: Kolha-Roida, Thakurani, and Dalki – TGP Equity Management Private Limited, an assignee of UCO Bank’s claims against BPMEL, seeks renewal or transfer of these leases – The Government of Odisha and the Union of India argue against renewal, citing BPMEL’s non-operation and financial constraints – The Supreme Court dismissed TGP’s appeals and upheld the State of Odisha’s order, rejecting the renewal of the Kolha-Roida lease – The Thakurani and Dalki leases are also rejected, citing the impracticality of renewing leases for a defunct company and the lack of a viable mining operation plan – The dispute should be resolved, with dues settled under the Companies Act, 1956.

(2024) INSC 440 SUPREME COURT OF INDIA DIVISION BENCH CHIEF SECRETARY GOVERNMENT OF ODISHA — Appellant Vs. BHARAT PROCESS AND MECHANICAL ENGINEERS LIMITED (IN LIQUIDATION) AND OTHERS — Respondent (…

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