Insights & Resources

SC sets aside High Court’s interference in IBC proceedings, affirming that insolvency disputes must follow statutory resolution channels.

In a landmark ruling, the Supreme Court has clarified that maintenance and alimony under Sections 24 and 25 of the Hindu Marriage Act, 1955 may be granted even in void marriages. While affirming judicial discretion based on parties’ conduct and circumstances, the Court refrained from laying down fixed standards. This ruling addresses long-standing ambiguity but leaves key interpretive questions open for future litigation.

The Appellate Tribunal under PMLA has clarified that while seizure and attachment can co-exist, the ED cannot attach property beyond the proceeds quantified in the scheduled offence. In Barik Biswas v. ED, the Tribunal reaffirmed key safeguards—procedural and proportionality-based—while reiterating that attachment must have a direct or equivalent nexus to the predicate offence under PMLA.

In a notable decision, the Karnataka High Court affirmed that the DCF method, when used in compliance with Rule 11UA(2), cannot be disregarded without a reasoned and case-specific analysis. The ruling reinforces that Revenue authorities must exercise subjective satisfaction, backed by substantive evidence, before invoking Section 56(2)(viib) to tax share premiums.

CCI’s 2025 regulations overhaul penalty recovery with expanded scope, third-party liability, and legal heir accountability.

Did the Supreme Court overlook BNSS’s deemed sanction provision? This analysis dissects the ruling's impact on public servant prosecutions.

In a decisive ruling, the ITAT Mumbai held that a BMA assessment cannot be sustained without a valid notice under section 10(1), reinforcing that procedural compliance is not a mere formality but a jurisdictional precondition. The case underscores the interplay between notice issuance, deemed acquisition under section 72(c), and the consequences of retrospective taxation under the Black Money regime.

The NCLAT has held that the absence of charge registration under the Companies Act, 2013 does not bar a creditor from being treated as a secured financial creditor under the IBC. The ruling underscores that commercial arrangements creating security—such as escrowed flats—remain valid during CIRP, reinforcing substance over statutory formality.

Delhi HC clarifies that cash violations under Section 269ST don't void contracts; unjust enrichment cannot override contractual claims.

An in-depth analysis of the EU's AI Act—its key provisions, risk-based approach, and global implications for AI governance.

In a pivotal ruling, the Delhi High Court has reaffirmed that borrowers are entitled to a personal hearing before their accounts are classified as fraud under the RBI Master Directions. Drawing upon the Supreme Court’s decision in SBI v. Rajesh Agarwal, the Court reinforced that procedural fairness and natural justice demand more than just written representation when civil consequences are involved.

SC clarifies whether royalty on minerals is a tax or a fee, reaffirming state powers in a landmark ruling with retrospective effect.