Category: Corporate

Competition Act, 2002 — Merger control (Section 6 read with Sections 10, 31) — Disclosure obligations — Substance over form (Regulation 9(4) and 9(5)) — Inter-connected steps — Duty of complete notification — Whether mere naming of agreements in a filing constitutes sufficient notice? — Held, notification is sufficient if inter-connected steps and linkages are placed on record and explained, enabling assessment, even if not labelled as per regulator’s preference.

2026 INSC 576 SUPREME COURT OF INDIA DIVISION BENCH AMAZON.COM NV INVESTMENT HOLDINGS LLC Vs. COMPETITION COMMISSION OF INDIA AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ.…

Securities Contracts (Regulation) Act, 1956 (SCRA) — Section 18A — Validity of derivative contracts — Breach of position limits under SEBI Circular 2001 does not render derivative contracts void — The Circular mandates disclosure of positions exceeding limits and imposes penalties for non-disclosure, not voiding of contracts — Therefore, breach of position limits does not invalidate trades under Section 18A.

2026 INSC 585 SUPREME COURT OF INDIA DIVISION BENCH RELIANCE INDUSTRIES LIMITED AND OTHERS Vs. THE SECURITIES AND EXCHANGE BOARD OF INDIA ( Before : J.B. Pardiwala and R. Mahadevan,…

Companies Act, 1956 — Sections 397, 398, 41 and 2(27) — Member of a company — Locus standi to file petition for oppression and mismanagement — Essential requirement is not just formal entry in register of members, but also equitable consideration of proprietary interest and conduct of the company treating the person as a member

2026 INSC 447 SUPREME COURT OF INDIA DIVISION BENCH DR. BAIS SURGICAL AND MEDICAL INSTITUTE PVT. LTD. AND OTHERS Vs. DHANANJAY PANDE ( Before : Pamidighantam Sri Narasimha and Alok…

Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) — Insolvency and Bankruptcy Code, 2016 (IBC) – Repeal of SICA and Abatement of Proceedings – Companies whose proceedings were pending before BIFR/AAIFR could approach NCLT within 180 days of IBC enactment – Failure to do so results in abatement and revival of earlier orders, like winding up recommendation.

2026 INSC 364 SUPREME COURT OF INDIA DIVISION BENCH BHARTIYA MAZDOOR SANGH, U.P. AND ANOTHER Vs. STATE OF U.P. AND OTHERS ( Before : Rajesh Bindal and Vijay Bishnoi, JJ.…

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…

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