Supreme Court
Supreme Court Holds Appeals On Excisability Of Goods Lie Before It, Not High Courts
The Supreme Court has recently held that disputes over whether goods are excisable fall within the exclusive appellate jurisdiction of the Supreme Court and cannot be decided by High Courts.Setting aside a Karnataka High Court judgment, the Court observed, "The provisions of Sections 35G and Section 35L, read together, always pointed to one and only one conclusion: that the question of excisability fell within the exclusive appellate jurisdiction of the Supreme Court." A Bench of Justice J.B....
Supreme Court Refuses To Condone 166-Day Refiling Delay In IBC Appeal, Calls Explanation A 'Lame Excuse'
The Supreme Court has refused to entertain an appeal by Thrani Industries Ltd against insolvency proceedings initiated against it, holding that the company's explanation for a 166-day delay in refiling the case was nothing more than a "lame excuse". A Bench of Justices Dipankar Datta and Satish Chandra Sharma dismissed the appeal after finding that Thrani Industries had failed to show any sufficient cause for the prolonged delay. The company had attributed the delay to the non-availability of...
Supreme Court Upholds Admission of Insolvency Plea Filed by Ingram Micro Against Bathla Teletech
The Supreme Court has refused to interfere with an NCLAT ruling that Bathla Teletech Pvt Ltd's claims relating to unsold iPhone 8 inventory and backend discounts did not constitute a genuine pre-existing dispute capable of defeating an insolvency application. The order leaves intact insolvency proceedings against the electronics reseller at the instance of Ingram Micro India Pvt Ltd. A Bench of Justices Dipankar Datta and Satish Chandra Sharma dismissed an appeal filed by Bathla Teletech,...
Validity Of Vote Cast On Behalf Of Society At Company's AGM Cannot Be Decided By Who Voted First: Supreme Court
The Supreme Court has recently held that the validity of a vote cast on behalf of a society at a company's annual general meeting cannot be determined merely by who voted first. The Court ruled that voting authority must flow from the society's governing documents and the statutory framework regulating electronic voting. A bench of Justices Vikram Nath and Sandeep Mehta allowed appeals filed by Hindustan Medical Institution, Eastern India Educational Institution and Belle Vue Clinic, all...
Supreme Court Directs Princeton-Named Telangana Colleges To Publish Disclaimer Stating No Connection With US University
The Supreme Court has directed six Telangana colleges operating under the "Princeton" name to prominently state on their websites, prospectuses, admission material, and certificates that they have "no connection whatsoever with Princeton University, New Jersey, United States of America." The Court observed that "students may well be misled by the use of its name by others offering educational courses." A bench of Justice Sanjay Kumar and Justice K. Vinod Chandran passed the order on May 29...
Limitation To Challenge Arbitral Award Begins Only After Tribunal Disposes Of Post-Award Pleas: Supreme Court
The Supreme Court on Tuesday held that when parties invoke post-award proceedings before an arbitral tribunal seeking correction, interpretation, or an additional award, the limitation period for challenging the arbitral award begins only after those proceedings are disposed of. The court observed that parties cannot be compelled to challenge an award while such proceedings remain pending before the tribunal. A bench of Justices Pamidighantam Sri Narasimha and Alok Aradhe allowed an appeal...
Extinguished Dues Cannot Be 'Resurrected' To Disqualify Resolution Applicant Under IBC: Supreme Court
The Supreme Court has recently held that once a company has been resolved under an approved insolvency resolution plan and all remaining dues stand extinguished, those dues cannot be "resurrected" to assess the eligibility of a prospective resolution applicant a year later. It set aside orders that had declared Cosmic CRF Ltd ineligible to participate in the corporate insolvency resolution process of Amzen Transportation Industries Pvt. Ltd. A Bench of Justices J.B. Pardiwala and Ujjal Bhuyan...
Supreme Court Refuses to Interfere With HC Order Initiating Perjury Proceedings Against Manipal Business Solutions
The Supreme Court on Tuesday refused to interfere with a May 4, 2026 order of the Delhi High Court directing initiation of perjury proceedings against Manipal Business Solutions Pvt. Ltd. The proceedings stem from allegations that the company relied on false pleadings and prima facie fabricated documents in a commercial dispute with Aurigain Consultants Pvt. Ltd. While directing initiation of proceedings under Sections 340 and 195 of the Criminal Procedure Code (CrPC), the Delhi High Court...
Over 80% Of NCLT, NCLAT Workforce Is Contractual; Justice Pankaj Mithal Calls For Reforms
Supreme Court judge Justice Pankaj Mithal on Monday said that more than 80% of the workforce of the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) consists of contractual employees, warning that the heavy dependence on temporary staff is disrupting the functioning of India's insolvency adjudication system.Speaking at an event marking 10 years of the NCLT and NCLAT at the Constitution Club of India in New Delhi, Justice Mithal said the completion of a...
GST Is Levied On Actionable Claims Arising From Stakes, Not Dependent On Whether A Game Is Of Skill Or Chance: Supreme Court
The Supreme Court has recently held that GST liability on online gaming transactions does not depend on whether the underlying game is one of skill or chance, ruling that the levy is attracted by the supply of actionable claims arising from money staked on uncertain outcomes. A bench of Justices J.B. Pardiwala and R. Mahadevan said the taxable event under the GST framework is the supply of actionable claims generated by staking money on uncertain outcomes and not the underlying game itself. The...
Pending Suit Dispute Could Be Referred To Arbitration Only Through Court Under 1940 Act: Supreme Court
The Supreme Court on Friday held that under the now-repealed Arbitration Act, 1940, parties to a pending civil suit could not validly refer their dispute to arbitration without jointly approaching the court where the suit was pending for a reference. The court consequently decreed a suit for possession and mesne profits concerning a property in Gwalior and set aside a Madhya Pradesh High Court judgment that had upheld dismissal of the suit. A bench of Justices J.K. Maheshwari and Atul...