Supreme Court
Direction To Deposit Proceeds In Escrow Warranted Only In Limited Circumstances: Supreme Court
The Supreme Court has recently held that a direction to deposit proceeds in an escrow account cannot be issued as a matter of routine in arbitration dispute. The court observed that such an arrangement is ordinarily warranted only where the underlying contract providing for escrow is subsisting or where there is material to show that the party receiving the money is likely to divert it and lacks sufficient assets to satisfy the award if it goes against it. A Bench of Justices Manoj Misra...
Supreme Court Directs NHAI To Deposit 50% of ₹1,019 Crore Award In Vadodara-Mumbai Expressway Dispute
The Supreme Court has recently modified a Delhi High Court order that had directed the National Highways Authority of India to deposit the entire arbitral award of over Rs. 1,019 crore in its dispute with Vadodara Mumbai Expressway PKG-08 Pvt. Ltd., and instead ordered it to deposit 50% of the total amount referred to in its order. A bench of Justices J.B. Pardiwala and K.V. Viswanathan was hearing special leave petitions arising out of the High Court's November 19, 2025 order passed in...
Supreme Court Allows Product-To-Claim Mapping In Nivolumab Patent Dispute Between ER Squibb and Zydus
The Supreme Court on Wednesday disposed of a special leave petition filed by E.R. Squibb and Sons LLC against Zydus Lifesciences Ltd in a patent dispute over the anti-cancer immunotherapy drug Nivolumab, arising from a January 12 judgment of the Delhi High Court's Division Bench.A Bench of the Chief Justice Surya Kant and Justice Joymalya Bagchi noted that since Zydus had already marketed its product and it was readily available in the market, the petitioners would be at liberty to undertake a...
Conciliation Gets Award Status Under Arbitration Act Unless Expressly Excluded by Parties: Supreme Court
The Supreme Court has recently restored a civil suit challenging a family partition deed and an alleged conciliation award, observing that any conciliation conducted in accordance with Part III of the Arbitration and Conciliation Act, 1996 would attain the status and effect of an award unless the parties have expressly agreed to exclude its application. “On a reading of Section 61, any conciliation between two parties brought about by following the procedure in Part III of the Act of 1996 would...
Supreme Court To Examine If Delay In Filing ITR Can Be Condoned Under Section 119(2)(b) Of Income Tax Act
The Supreme Court is to examine whether a delay in filing a return of income can be condoned under Section 119(2)(b) of the Income Tax Act, 1961. A Bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan issued notice in a Special Leave Petition filed by Sirez Limited challenging the judgment dated December 8, 2025, of the Delhi High Court. “The short point that falls for our consideration is whether delay in filing the Return of income can be condoned under Section 119(2)(b) of the Act,...
Supreme Court Reverses 'Alien Modality' Of Refunding IGST To Torrent Power, Orders Credit To Consumer Welfare Fund
The Supreme Court has set aside the Gujarat High Court's judgment that had quashed the transfer of ₹19.28 crore in GST refunds to the Consumer Welfare Fund and directed that the amount be refunded to Torrent Power Ltd. for adjustment in electricity tariff. Holding that such a mechanism was “not contemplated by Section 54 of the CGST Act and the Rules framed therein,” a Bench of Justice Sanjay Kumar and Justice K. Vinod Chandran directed the company to transfer the amount to the authorities...
Supreme Court Dismisses Plea Seeking Checks To Prevent TDS Defaults On Property Purchases Above ₹50 Lakh
The Supreme Court on Wednesday dismissed a plea seeking directions to introduce safeguards so that property buyers are not unknowingly penalised for failing to deduct tax at source (TDS) while purchasing property worth more than Rs 50 lakhs. A bench of Justice Vikram Nath and Justice Sandeep Mehta heard the matter and dismissed the petition after brief submissions. The petition concerned Section 194IA of the Income Tax Act, 1961. The provision requires a buyer of immovable property (other than...
Supreme Court Appoints Former SC Judge Abhay Oka As Mediator In IMAX–E-City Arbitration Enforcement Dispute
The Supreme Court of India on Wednesday appointed former apex court judge Justice Abhay S. Oka as mediator to explore the possibility of settlement between IMAX Corporation and the E-City Group in their dispute concerning enforcement of foreign arbitral awards.The court was hearing the matter arising out of the Bombay High Court's December 2025 judgment reviving enforcement proceedings in favour of IMAX.A bench of Justices J.B. Pardiwala and K.V. Viswanathan was further informed that the hearing...
GST | Supreme Court Declines To Interfere With Delhi HC Refusal To Exercise Writ Jurisdiction In Fraudulent ITC Case
The Supreme Court has recently declined to interfere with a Delhi High Court order declining to entertain writ petitions challenging show cause notices alleging fraudulent availment of Input Tax Credit (ITC), holding that no good ground was made out for intervention under Article 136 of the Constitution. In an order dated January 30, 2026, a bench of Justice Manoj Misra and Justice Manmohan dismissed the special leave petitions arising from the Delhi High Court's judgment of December 5, 2025,...
PIL In Supreme Court Challenges Income Tax Law Allowing Search Of Digital Devices, Cloud Data
A public interest litigation has been filed before the Supreme Court challenging the constitutionality of provisions in the Income Tax Act, 2025 that empower tax authorities to conduct searches of “computer systems” and “virtual digital space”, including personal electronic devices, cloud servers, emails and private communications. The plea, filed under Article 32 of the Constitution by entrepreneur Vishwaprasad Alva, assails Section 247 of the Income Tax Act, 2025, as well as the corresponding...
Supreme Court To Examine If Civil Judge (Senior Division) As Commercial Court Can Hear Trademark Suits
The Supreme Court on Tuesday said that it will examine whether a Commercial Court presided over by a Civil Judge (Senior Division) can entertain trademark infringement and passing-off suits in view of Section 134 of the Trade Marks Act. The court stayed further proceedings in a trademark infringement and passing-off suit pending before the Commercial Court at Jamshedpur. The issue arises from Section 134 of the Trade Marks Act, 1999, which governs the forum for filing trademark infringement...
Supreme Court Upholds NCLAT Order Entrusting NBCC To Complete Stalled Supertech Housing Projects
The Supreme Court recently dismissed a batch of appeals challenging directions issued by the National Company Law Appellate Tribunal (NCLAT) to involve NBCC (India) Ltd for completion of stalled housing projects of Supertech Ltd, declining to interfere with the appellate tribunal's approach. A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi held that the NCLAT's decision in evolving a mechanism to protect the interests of homebuyers and ensure completion of long-delayed projects...