Corporate
Criminal Liability Can't Be Imposed On Directors Solely Due To Designation: Chhattisgarh High Court Grants Bail In CSMCL Corruption Case
The Chhattisgarh High Court has granted regular bail to two Directors of a manpower supply company arraigned in the Chhattisgarh State Marketing Corporation Limited (CSMCL) corruption case, holding that criminal liability cannot be fastened upon a person merely because of his designation as a Director. The Court observed that, unless a statute specifically creates vicarious criminal liability...
FERA Complaint Cognisance Vitiated If There Was No Notice To Accused : Supreme Court
The Supreme Court on Tuesday held that a Magistrate cannot validly take cognizance of a criminal complaint under the repealed Foreign Exchange Regulation Act, 1973 (FERA) if the mandatory "opportunity notice" required under Section 61(2) of the Act was not served upon the proposed accused.“…the service of an opportunity notice under the proviso to Section 61(2) of FERA is a...
Supreme Court Revives Over ₹16 Crore Service Tax Demand Against BPCL & HPCL For Facilitating CNG Sales For Mahanagar Gas
The Supreme Court on Monday (July 20) restored the service tax demands exceeding ₹16 Crore against the Bharat Petroleum Corporation Ltd. (BPCL) and Hindustan Petroleum Corporation Ltd. (HPCL), who acted as 'commission agents' of the Mahanagar Gas Limited (MGL) while selling Compressed Natural Gas (CNG) through their retail outlets. Referring to the agreement, a bench of Justice Aravind...
Nominee Director Crisis Indian Law Refuses To Confront
It is July 2026, two months after the Insolvency and Bankruptcy Code (Amendment) Act, 2026 came into force. In Mumbai, in a boardroom, a director appointed by an institutional lender is looking at the agenda item that will shape a company for the next eighteen months. The emergency interim financing super-priority debt proposed in the resolution may keep the company alive. The bank that appointed him is silently preparing for a creditor-initiated insolvency resolution process. Pulling the...
Supreme Court Recommends IBC Amendment To Protect MSMEs, Says Small Operational Creditors Need Fairer Repayment Mechanism
While reaffirming the "clean slate" principle under the Insolvency and Bankruptcy Code (IBC), the Supreme Court has called upon the Law Commission and the Legislature to examine amendments to the insolvency framework to better protect Micro, Small and Medium Enterprises (MSMEs) and other small operational creditors, observing that they are significantly disadvantaged under the existing...
Regulating Gatekeepers Across Borders: Apple-Meta Dispute And Limits Of International Competition Law
In April 2025, the European Commission (“EU”) issued its first ever fines under the Digital Markets Act (“DMA”) against Apple for violating app store obligations and €200 million against Meta over its 'pay or consent' advertising model, which required European users to either accept personalised advertising or pay for ad-free access to Facebook and Instagram. The fines followed yearlong investigations into conduct of the companies on European markets. Apple condemned the measures as coercive and...
Supreme Court Takes Suo Motu Case Over NCLT Appointment Delays & Infrastructure Issues
The Supreme Court has registered a suo motu case over the delays in the appointment of members in National Company Law Tribunals and infrastructure issues.The suo motu case, titled "In Re : Appointment of Judicial and Technical Members and Inadequate Infrastructure in National Company Law Tribunal (NCLT) and Ancillary Issues" was registered on May 19, following the April 29 judgment in...
Plaintiff's Reply To Counterclaim In Commercial Suits Subject To Same Time Limit As Written Statement: Supreme Court
The Supreme Court on Monday held that plaintiffs in commercial suits are also bound by the mandatory 120-day time limit for filing a written statement in response to a defendant's counterclaim, ruling that the stringent timeline under the Commercial Courts Act applies equally to such pleadings to ensure expeditious disposal of commercial disputes.A Bench of Justice Sanjay Kumar and Justice...
Perils Of Judicial Metaphors
Reflections on Value Wise Consultancy and the craft of judgingBy Every judge knows that difficult cases occasionally tempt colourful language. A striking metaphor can illuminate a legal principle, make a judgment memorable and sometimes even explain a complex doctrine more clearly than pages of reasoning. But there is also a danger. A metaphor is a servant of reasoning, not a substitute...
