Sansa Law Desk

Background and Facts A borrower who believes a secured creditor has gone too far has a forum, and it is not the civil court. The Supreme Court has held that a SARFAESI measure taken in good faith cannot be assailed, that a civil court has no jurisdiction over a matter the Debts Recovery Tribunal is empowered to determine, and that a claim for damages cannot be built until the Tribunal has first found the measure to be outside the Act. The appeal was brought by an asset recons

An application for recall of an admission order is not an appeal and is not a review, and the three are refused for different reasons. This guide sets out how to apply for recall of an order admitting a company into the corporate insolvency resolution process, in the order the steps arise, beginning with the choice of route that decides everything after it. Step 1: Choose Between Recall, Review and Appeal Before Drafting The National Company Law Tribunal has no power to revie

Background and Facts An order admitting a company into insolvency is difficult to undo, and the Code contains no express power to undo it. The Supreme Court has held that an insolvency admission obtained by fraud or collusion may be recalled by the National Company Law Tribunal at any point of time, and that a person who invokes the Code is under a public law duty not to deceive or mislead the tribunal. The judgment in Greenopolis Welfare Confederation v. Rakesh Kumar Gupta w

Background and Facts An order against a platform is easy to obtain in form and hard to obtain in substance, because the width of the direction decides whether it can be obeyed at all. The Bombay High Court has directed the deletion of specifically identified material published in breach of an existing injunction, and has refused the wider relief sought alongside it, declining blanket monitoring of future posts and the suspension or deletion of the accounts the material came f

A recorded lecture carries at least two rights that can be enforced separately, and most claims over pirated course content plead only one of them. This guide sets out how to enforce rights in recorded lecture and course content, in the order the steps arise, beginning with the performer's right that belongs to the speaker personally and is frequently overlooked. Step 1: Separate the Rights Before Drafting Anything Three things may sit in a single recorded lecture. There is c

Background and Facts A court executing a decree has wide powers over the judgment debtor and much narrower ones over everybody else. The Supreme Court has held that a forensic audit directed in aid of execution must stay confined to the transactions that connect the banks to the judgment debtors, and cannot become a general inquiry into the affairs of the banks themselves. The order was reported on September 29, 2026 and was made by a Bench of Chief Justice Surya Kant, Justic

Background and Facts A single suit can engage three different sets of rights, and the remedy for each runs on a different trigger. The Delhi High Court has directed the removal of deepfake endorsements and other content misusing an educator's identity, and has ordered the intermediaries to disclose who uploaded it. The suit is Dr Vikas Divyakirti v. Meta Platforms Inc and others, before Justice Anup Jairam Bhambhani, reported on September 29, 2026. Three kinds of content were

A patented medicine priced beyond the reach of the patients who need it is the situation the Patents Act, 1970 addresses through three mechanisms, only one of which is an application to the Controller. This guide sets out how to apply for a compulsory licence under the Act, in the order the steps arise, and where the two executive routes sit beside it. The exercise is evidential before it is legal: the provisions are short, and what decides an application is the material asse

Background and Facts The Securities and Exchange Board of India has settled proceedings against four listed Adani group companies arising from alleged non-compliance with the minimum public shareholding requirement. The settlement was reported on September 28, 2026. The four companies are Adani Enterprises Limited, Adani Power Limited, Adani Ports and Special Economic Zone Limited and Adani Energy Solutions Limited, formerly Adani Transmission Limited. Each of the four paid a

Background and Facts Government use of a patent is usually discussed as though it meant use inside a government department. The Kerala High Court has read it wider. In a judgment reported on September 28, 2026, the Court held that Section 100 of the Patents Act, 1970 allows the Central Government to authorise the manufacture of a patented medicine and its sale to a patient who needs it, provided the sale is on a non-commercial basis. The judgment was delivered by Justice Hari

A liquidation auction looks like a discount and is sometimes a liability. The asset is sold on an as is where is basis, which puts the burden of enquiry on the bidder, and statutory dues that sit on the property as a charge are not swept away by the sale. A buyer who has not quantified them before bidding has not valued the asset. This guide sets out the enquiry to make, in the order to make it. The exercise is not long. It is usually a week of searches and two letters, again

Background and Facts A resolution professional holds office at the pleasure of the committee of creditors, within the limits the statute sets. The National Company Law Appellate Tribunal has upheld an order allowing a committee of creditors to replace a resolution professional, holding that the decision to seek replacement falls within the committee's commercial wisdom provided the statutory route is followed. The judgment in S. Viswanathan v. Canara Bank [Company Appeal (AT)

Background and Facts A buyer at a liquidation auction takes the asset with the statutory charges that sit on it. The Mumbai bench of the National Company Law Tribunal has held that a municipal first charge for unpaid property tax is not extinguished by the sale of the property in liquidation, and that the auction purchaser is liable for the arrears. The order in Indojewel Jewellery Private Limited v. Brihanmumbai Municipal Corporation was reported on September 26, 2026. The c

An application for the release of seized assets is a short document that is usually lost on one point: the explanation of where the asset came from. The statute gives a narrow window to apply, imposes a single substantive condition, and sets a period within which the asset is to be released. Whether that period obliges the department to hand the asset back is contested. The Allahabad High Court has held the provision directory, and the Gujarat High Court has referred the ques

Background and Facts An assessee whose cash is taken in a search has thirty days to ask for it back and the statute says the seized assets shall be released within one hundred and twenty days. What happens when the Assessing Officer simply does not decide within that period has now been referred for authoritative answer. A Division Bench of the Gujarat High Court has referred to a larger bench the question whether assets seized under the Income-tax Act must be released once t