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Corporate Criminal Liability: Supreme Court Lays Down a Three-Stage Framework for Attributing Mens REA to Companies

Summary: The article examines the Supreme Court’s decision in Sanofi India Ltd. v. Central Bureau of Investigation, which lays down a three-stage framework for determining when a natural person’s act and mens rea may be attributed to a company. The judgment is significant because it brings structure to a previously unsettled area of corporate criminal liability and makes a company’s decision-making authority, delegation framework and transaction-specific governance record central to the attribution analysis.

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Contours of Interim Moratorium under Section 96 of IBC, 2016

Summary: This blog delineates the contours of interim moratorium under Section 96 of the IBC. It explores the provision’s interaction with the SARFAESI Act, 2002, its application to co-owned properties, the 2026 amendment to Section 96, and potential future legislative changes.

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Beyond Trading: The Evolving Law on UPSI Communication

Summary: An allegation of communication of unpublished price sensitive information under Regulation 3 of the SEBI (Prohibition of Insider Trading) Regulations, 2015, cannot be established merely basis proximity between parties or trading pattern. Balram Garg held that cogent material such as emails, letters, etc., will be required. The recent AGEL and RHI Magnesita orders sharpen this further, showing that a call or contact between parties, without more, will not suffice. Ultimately, the outcome of any allegation of UPSI communication is fact sensitive. Together, these rulings establish a clear evidentiary requirement: that SEBI must prove that UPSI was communicated, not merely that the parties had the opportunity to communicate it.

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When Food-Safety Enforcement Reaches the Boardroom: Director Liability Under the FSS Act

Summary: Heightened food-safety enforcement is bringing renewed attention to the personal exposure of directors and senior management. A series of High Court decisions in 2026 illustrates the boundaries of liability under Section 66 of the Food Safety and Standards Act, 2006. The emerging position rejects both extremes: directorship alone does not establish criminal liability, while the appointment of a nominated food-safety officer does not necessarily insulate directors where the alleged contravention is attributable to their consent, connivance, or neglect. For boards, the significance increasingly lies in how responsibility is allocated, how significant food-safety concerns are escalated and how senior management eventually responds to these concerns.

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Court Deposit Not Payment: Delhi HC’s Key Ruling on Arbitration and Insolvency Intersection

Summary: The Delhi High Court, in McNally Bharat Engineering Company Limited v. Metso India Pvt. Ltd., has held that an amount deposited in court as a condition for stay of an arbitral award, pending a challenge under Section 34 of the Arbitration & Conciliation Act, does not amount to payment to the award-holder and remains an asset of the award-debtor. Therefore, upon the award-debtor going into CIRP under the Insolvency and Bankruptcy Code during the pendency of such challenge, if a claim is not submitted to the Resolution Professional and does not form part of an approved resolution plan, it stands extinguished. Consequently, the pending Section 34 petition challenging the underlying arbitral award is rendered infructuous, and the deposited amount is to be refunded to the award-debtor turned corporate debtor.

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Gujarat High Court Upholds Supremacy Of Gujarat Public Works Tribunal Arbitration Act, 1992 Over Arbitration Act, 1996

Summary: What happens when a contract says “arbitration”, but the law says “tribunal”? The Gujarat High Court, on an issue of disputes arising from public works, gave precedence to the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 (“Gujarat Public Works Tribunal Act”)over the Arbitration and Conciliation Act, 1996 (“1996 Act”). This decision concerning the infrastructure sector, specifically public works contractors, clarifies that irrespective of a contractual obligation clause, state legislation shall prevail over the provisions of the contract, hence making dispute planning, and risk assessment critical for contractors as well as government bodies.

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Should cognizance be taken before or after examination of complainant on oath? Delhi High Court refers matter to larger bench

Summary: A magistrate takes cognizance of an offence on a private complaint prior to examining the complainant on oath under Section 200 of the CrPC, 1973. However, BNSS, 2023, has upset this settled position. Like the erstwhile Section 200 of the CrpC, Section 223 of the BNSS too confers a similar duty on the magistrate to examine the complainant on oath. But the newly-introduced proviso to Section 223(1) (absent under Section 200 CrPC) mandates that the accused must be heard prior to the magistrate taking cognizance of the offence. This is the point at which divergence arises, raising the issue of whether cognizance is taken before or after the examination of the complainant? High Courts in India, including the Delhi High Court, have interpreted Section 223(1) of the BNSS to imply that the magistrate must firstexamine the complainant on oath, then issue notice to the accused, and only take cognizance at the time of hearing the accused. However, several Supreme Court judgements have held cognizance as already been taken if the magistrate proceeds to examine the complainant on oath. The Delhi High Court took note of this variance in its judgement in Dr Rita Bakshi v. Seema Bajaj and has further referred the issue for consideration by a larger bench.

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Enforcement vs. Due Process: Lessons from the FDA–Cadila Matter on Drug Regulation in Maharashtra

Summary – At a time when drug regulators are intensifying enforcement against the sector across India, this article examines the regulatory framework within which drug regulators are required to act in the wake of the Bombay High Court’s recent order in Cadila Pharmaceuticals’ writ petition challenging the Maharashtra FDA’s directions restraining sale and distribution of its ACILOC products.

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Sanctions by Formula: What the Graham Act Means for India’s Trade and Businesses

Summary: The US Senate has passed the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026, which proposes to impose up to 100% secondary tariffs on countries importing significant volumes of Russian crude oil or natural gas, affecting all sectors regardless of goods. As one of the largest purchasers of Russian energy, India faces a significant risk of triggering this mechanism. This article examines the framework of the proposed legislation, its likely commercial impact on Indian trade, and the contractual and policy measures that Indian businesses must now consider.

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Summary: The Bombay High Court, in Osterreichischer Lloyd v. Victore Ships, has held that a party seeking to enforce a foreign arbitral award in India does not lose its right to seek interim protective relief under Section 9 of the Arbitration and Conciliation Act, 1996, merely by filing a petition for recognition and enforcement under Part II. Such relief remains available at least until the award is recognised as an enforceable decree under Section 49. This ruling strengthens the hand of award-creditors seeking to prevent dissipation of assets while enforcement is pending. It also reaffirms India’s pro-enforcement stance towards foreign awards. However, the judgement leaves open the more difficult question of whether Section 9 relief continues to be available even after the award is recognised as a decree, during the execution stage. High Courts remain divided on it and may require clarification from the Supreme Court.

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