Supreme Court Clarifies Arbitration Mandate for Bank-to-Bank Disputes Under SARFAESI Act — “Dispute Between Two Banks, Not Bank and Borrower, Must Be Resolved Through Arbitration” - "No Written Arbitration Agreement Required, Section 11 Provides Independent Statutory Mandate for Arbitration"
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Supreme Court Clarifies Arbitration Mandate for Bank-to-Bank Disputes Under SARFAESI Act — “Dispute Between Two Banks, Not Bank and Borrower, Must Be Resolved Through Arbitration” – “No Written Arbitration Agreement Required, Section 11 Provides Independent Statutory Mandate for Arbitration”

Court’s Decision The Supreme Court set aside the judgment of the Punjab & Haryana High Court dated 07.10.2020 and the subsequent order of the Debt Recovery Tribunal (DRT) dated 12.02.2020.…
May 28, 2025
Supreme Court Upholds Vicarious Liability in NI Act Proceedings - Respondent No. 2, Who Actively Negotiated the Facility, Executed the Loan and Security Documents, and Provided Personal Guarantees, Held Liable - “Repetition of the Exact Words of the Section 141 Language in the Same Order, Like a Mantra or a Magic Incantation is Not the Mandate of the Law”
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Supreme Court Upholds Vicarious Liability in NI Act Proceedings – Respondent No. 2, Who Actively Negotiated the Facility, Executed the Loan and Security Documents, and Provided Personal Guarantees, Held Liable – “Repetition of the Exact Words of the Section 141 Language in the Same Order, Like a Mantra or a Magic Incantation is Not the Mandate of the Law”

Court’s Decision The Supreme Court allowed the appeal filed by HDFC Bank Ltd. and set aside the judgment of the Bombay High Court dated 10.01.2024, which had quashed proceedings under…
May 28, 2025
Supreme Court Dismisses Contempt Petitions Against Karnataka Government — Orders Immediate Release of DRCs/TDRs in Favour of Complainants, Rejects Karnataka Government’s Attempt to Delay Compliance - "Judicial Orders Cannot Be Stifled by Procedural Maneuvers"
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Supreme Court Dismisses Contempt Petitions Against Karnataka Government — Orders Immediate Release of DRCs/TDRs in Favour of Complainants, Rejects Karnataka Government’s Attempt to Delay Compliance – “Judicial Orders Cannot Be Stifled by Procedural Maneuvers”

Court’s Decision The Supreme Court dismissed multiple contempt petitions (Nos. 188–189/2013, 237/2014, 103/2025, 104/2025, 129/2025, 555/2024, 556/2024, 585/2024, 578/2022, 716/2023, 688/2021, and 135/2025) arising out of alleged wilful disobedience of…
May 28, 2025
Supreme Court Rules Exemption for Goods, Including Vehicles, Imported under Transfer of Residence (ToR) Facility Valid, Rejects Retrospective Application of CBEC Circular — “A Circular Cannot Override or Detract from the Provisions of the Statute or Notifications Issued Thereunder”
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Supreme Court Rules Exemption for Goods, Including Vehicles, Imported under Transfer of Residence (ToR) Facility Valid, Rejects Retrospective Application of CBEC Circular — “A Circular Cannot Override or Detract from the Provisions of the Statute or Notifications Issued Thereunder”

Court’s Decision In a significant ruling, the Supreme Court allowed a batch of appeals and writ petitions challenging the retrospective application of CBEC Circular No. 15/2015-Cus. dated 28.02.2015. The Court…
May 28, 2025
Supreme Court Ruling: “Contributory Negligence Cannot Be Assumed Without Evidence” — Overturns High Court's Finding, Restores Tribunal’s Award of ₹1.20 Crore Compensation to Victim’s Family in Fatal Bus Accident Case Based on Verified Income and Future Prospects
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Supreme Court Ruling: “Contributory Negligence Cannot Be Assumed Without Evidence” — Overturns High Court’s Finding, Restores Tribunal’s Award of ₹1.20 Crore Compensation to Victim’s Family in Fatal Bus Accident Case Based on Verified Income and Future Prospects

Court’s Decision The Supreme Court allowed the appeal and set aside the High Court’s finding of 25% contributory negligence on the part of the deceased. The Court restored the finding…
May 27, 2025
Supreme Court Rules Article 20 of Concession Agreements Between Municipal Corporations in Delhi and Private Contractors Is Not a Valid Arbitration Agreement Under the Arbitration and Conciliation Act, 1996: “Article 20 Lacks the Necessary Judicial Characteristics to Be Considered Arbitration”
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Supreme Court Rules Article 20 of Concession Agreements Between Municipal Corporations in Delhi and Private Contractors Is Not a Valid Arbitration Agreement Under the Arbitration and Conciliation Act, 1996: “Article 20 Lacks the Necessary Judicial Characteristics to Be Considered Arbitration”

Court’s Decision The Supreme Court held that Article 20 of the Concession Agreements executed between Municipal Corporations in Delhi and private contractors does not constitute a valid arbitration agreement under…
May 27, 2025