India: Trials & Appeals & Compensation

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Article
Supreme Court Holds That The Indian Railways Is Not A Deemed Distribution Licensee And Is Liable To Pay Cross-Subsidy Surcharge And Additional Surcharge For Procurement Of Electricity.
Supreme Court through its judgement dated 08.05.2026 in the matter of Indian Railways v West Bengal State Electricity Distribution Company Limited & Others held that Indian Railways (“IR”) is not a Deemed Distribution Licensee (“DDL”) under Section 14 of the EA Act and is liable to pay Cross-Subsidy Surcharge (“CSS”) and Additional Surcharge (“AS”) as stipulated in Section 42 of the EA Act.
India Energy
Sagus Legal
Article
Supreme Court Holds That The Corporate Veil Of Holding Companies May Be Lifted During The CIRP Where The Associated Or Group Companies Are Inextricably Connected So As To Form Part Of One Concern.
Supreme Court through its judgement dated 05.05.2026 in the matter of Alpha Corp Development Private Limited v Greater Noida Industrial Development Authority (GNIDA) and Others held that the corporate veil of holding companies may be lifted during the Corporate Insolvency Resolution Process (“CIRP”) where subsidiary companies are inextricably connected so as to form part of one concern.
India Commercial
Sagus Legal
Article
In "Fraud" Determination, No Right Of Personal Hearing But Sc Ensures Right To Audit Reports
The Hon'ble Supreme Court has recently on 7th April 2026 clarified the scope of procedural safeguards available to borrowers before their accounts are classified as "fraud" under the Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions, 2016 ("Master Directions, 2016") and Reserve Bank of India (Fraud Risk Management in Commercial Banks and All India Financial Institutions Directions, 2024 ("Master Directions, 2024").
India Criminal
DL
Dentons Link Legal
Article
A Classic Case Of Suppression: Bombay High Court Vacates Ex-Parte Injunction In Elder Projects v. Elder Nutraceuticals
The Bombay High Court’s recent judgment in Elder Projects Ltd. v. Elder Nutraceuticals Pvt. Ltd. serves as a stark reminder that ex-parte injunctions being extraordinary remedies demand the highest standard of candour from plaintiffs. Justice Sandeep V. Marne, by an order dated 9 March 2026, vacated an ex-parte ad-interim injunction previously granted to Elder Projects Ltd., finding that the plaintiff had secured the order by grossly suppressing material facts across four distinct categories.
India Litigation
SR
S.S. Rana & Co. Advocates
Article
Finality Without Borders: The Supreme Court Of India Embraces Transnational Issue Estoppel In Foreign Award Enforcement
In Nagaraj V. Mylandla v. PI Opportunities Fund-I & Ors. [Special Leave Petition (Civil) Nos. 31866-68 of 2025] (‘Nagaraj V. Mylandla Case’), the Supreme Court of India grappled for the first time with the doctrine of ‘transnational issue estoppel’. Its endorsement of the doctrine in the context of enforcement proceedings under Section 48 of the Arbitration and Conciliation Act, 1996 (‘the Arbitration Act’) places India squarely within a growing international consensus: awards that have withstood challenge at the seat should not be relitigated on the merits at the enforcement stage.
India Litigation
SO
S&A Law Offices
Article
Unsuccessful Party Can Invoke Section 9 Post-Award: Supreme Court Resolves Conflicting High Court Views In Home Care Retail Marts Pvt. Ltd. v. Haresh N. Sanghavi
The Supreme Court's decision in Home Care Retail Marts Pvt. Ltd. v. Haresh N. Sanghavi addresses a critical question in arbitration law: can a party that loses in arbitral proceedings still seek interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 after an award is rendered but before enforcement? This ruling resolves conflicting High Court interpretations and clarifies the scope of interim measures available to all parties, regardless of their success in arbitration.
India Litigation
IL
IndiaLaw LLP
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