Introduction The Supreme Court of India in Sanjabij Tari v. Kishore S. Borcar & Anr. (Criminal Appeal No. 1755 of 2010) addressed critical issues concerning cheque dishonour under Section 138 of the Negotiable Instruments Act, 1881. The case primarily revolved around whether a complainant’s limited financial capacity could rebut statutory presumptions. by the High Court revision jurisdiction.
... Continue Reading.Category: Uncategorized
CONSUMER PROTECTION AND EQUITABLE RELIEF: SUPREME COURT ENHANCES INTEREST RATE IN REAL ESTATE DELAY CASES
Introduction The Supreme Court of India in Rajnesh Sharma v. M/s. Business Park Town Planners Ltd. (Civil Appeal No. 3988 of 2023) delivered a significant verdict addressing consumer protection in real estate disputes, particularly concerning interest rate parity between builders and buyers. Justice Dipankar Datta and Justice Augustine George Masih heard this Appeal challenging the National Consumer
... Continue Reading.The Tax Policy Paradox in Fast-Track Demergers
[Aayush Agarwal is a 3rd year student at Gujarat National Law University, Gandhinagar and Taher Hussain is a 4thyear student at Maharashtra National Law University, Mumbai] On July 21, 2025, the Select Committee on the Income Tax Bill, 2025, presented its Report (‘the Report’) before the Parliament, analysing various provisions of the new bill and suggesting appropriate changes to it. One
... Continue Reading.SEBI’s Proposal on Minimum Public Shareholding and its Spillover Effects
[Manisha Soni is a corporate lawyer based in New Delhi, India] The Securities Exchange Board of India (SEBI) has released a consultation paper on 18 August 2025, proposing sweeping changes in rule 19(2)(b) of the Securities Contracts (Regulation) Rules, 1957 (SCRR), governing Minimum Public Offer (MPO) and Minimum Public Shareholding (MPS). These rules determine how much of a company’s equity must
... Continue Reading.STRICT COMPLIANCE COMPULSORY IN NOTICE U/S 138 NEGOTIABLE INSTRUMENTS ACT
The Supreme Court has reaffirmed the strict and technical compliance required under Section 138 of the Negotiable Instruments Act, 1881 (NI Act), particularly regarding the contents of a demand notice issued under Proviso (b) of the Section. BACKGROUND FACTS The case arose from a dispute involving a dishonoured cheque issued for Rs. 1 crore by
... Continue Reading.LIMITS ON RECALL OF JUDICIAL ORDERS IN ANTICIPATORY BAIL MATTERS
INTRODUCTION The Supreme Court of India, in the case of Gurvinder Singh v. Jasbir Singh @ Jasvir Singh & Anr., SLP (Crl.) No. 3843/2025, decided on 15th September 2025, Coram: Justices Ahsanuddin Amanullah & S.V.N. Bhatti, has addressed a nuanced yet crucial aspect of criminal procedure—the limits on recalling or restoring judicial orders, particularly in
... Continue Reading.SUPREME COURT ON ABUSE OF PROCESS IN SEC. 498A, IPC MATTER
In a judgment delivered on September 18, 2025, the Supreme Court of India, through a Division Bench of Justices Sanjay Karol and Prashant Kumar Mishra, set aside both an FIR and related High Court order, underscoring the rigorous standards for allowing prosecution under Section 498-A of the Indian Penal Code. The case, Nitin Ahluwalia v.
... Continue Reading.NAVIGATING EXECUTION AMIDST PENDING APPEALS: THE AUTHORITY OF COURTS UNDER THE ARBITRATION AND CONCILIATION ACT
INTRODUCTION The Supreme Court of India, in Civil Appeal No. 11840/2025 (@ SLP (C) No. 20480 of 2025) – Chakardhari Sureka v. Prem Lata Sureka through SPA & Ors., addressed a critical issue concerning the execution of arbitral awards amidst pending appeals. The Judgement was delivered on 15th September 2025 by Hon’ble Mr. Justice Manoj
... Continue Reading.SUPREME COURT ON TAX ASSESSMENT TIME LIMITS
On September 11, 2025, the Supreme Court of India delivered a significant ruling in Ms. Shiv Steels v. State of Assam & Others (Civil Appeal No. 4440 of 2014). The Judgment, authored by Justices J.B. Pardiwala and Sandeep Mehta, decisively addressed the interplay between different time limitation provisions under the Assam General Sales Tax Act,
... Continue Reading.Level Playing Field or Market Lock-Out? CCI’s Probe into Google’s RMG Commitments
[Anmol Jain is a 4th year BCom LLB (Hons.) student at Institute of Law, Nirma University and Swayam Mundhra a 4th year student at Gujarat National Law University] In December 2022, WinZO Games Pvt. Ltd., a leading Indian Real Money Gaming (RMG) platform, filed a complaint with the Competition Commission of India (CCI) alleging that Google
... Continue Reading.