Karan Dinesh Singh Rawat is Partner @ Dinesh Singh Law Associates Practices Corporate Law and Legal Strategy Corporate Law and writes reviews on Judgments passed by Supreme Court of India in public interest.
In its January 2026 ruling in Yerram Vijay Kumar v. State of Telangana, the Supreme Court drew a clear line between corporate-regulatory enforcement and private criminal complaints. The Court held that offences under Sections 448 and 451 of the Companies Act, 2013 cannot be prosecuted through private complaints because they are inseparably linked to the fraud punishment regime under Section 447, which triggers the statutory bar in Section 212(6).
At the same time, the Court refused to quash the IPC charges, holding that civil and NCLT proceedings do not automatically extinguish criminal liability. By quashing the Companies Act counts while allowing IPC offences to proceed before the proper territorial court, the judgment restores statutory discipline, curbs misuse of criminal process in corporate disputes, and preserves accountability for genuine criminal conduct.
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However, the Supreme Court has clarified that executive notifications cannot create taxes without clear legislative authority. In Adani Power Ltd. v. Union of India, the Court therefore struck down customs duty on SEZ-generated electricity and, in doing so, reinforced limits on delegated legislation, judicial discipline, and constitutional accountability under Indian tax law.
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As tariffs reshape global trade, disputes are no longer accidental but structural. This ABC Live explainer shows why arbitration predictability now matters more than neutrality, how enforcement risk has shifted, and why neutral hubs like SIAC, DIAC, and GIFT City–based GIM&AC are gaining ground.
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India’s long-awaited Aircraft Objects Act, 2025 finally gives legal force to the Cape Town Convention. This report explains what the law changes, why lessors care, how insolvency rules shift, and where India now stands compared to global leasing hubs like Ireland and Singapore.
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