The Supreme Court questioned the Election Commission of India this week regarding voter exclusions during the Special Intensive Revision. The court also issued notice to the Centre over the DPDP Act and ruled that creditors cannot withdraw approved insolvency plans just because a company’s financial position got better over time.
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The Supreme Court this week took up key questions involving corporate insolvency, press freedom, electoral rights, taxation and digital content regulation. It questioned the Election Commission of India's handling of voters excluded during the Special Intensive Revision (SIR), issued notice to the Centre on a challenge to the Digital Personal Data Protection (DPDP) Act, and sought safeguards against the misuse of courtroom recordings.
In commercial matters, the court ruled that creditors cannot withdraw an approved insolvency resolution plan merely because a company's finances have improved. It also barred arbitrators from rewriting contracts, allowed tax reassessment proceedings involving the sons of former Chief Justice of India Y K Sabharwal to continue, and directed expelled JD(U) MLA Anant Singh to surrender in a murder case.
Here are seven key judgments, orders and legal developments from the week:
October 26: SC bars withdrawal of approved IBC plan over improved finances
The Supreme Court held that a Committee of Creditors (CoC) cannot withdraw an approved resolution plan once it has been placed before the adjudicating authority, merely because the corporate debtor's financial position has improved.
In Bank of India v S M Kamal Pasha, a bench of Justices JB Pardiwala and K Vinod Chandran said withdrawal is permissible only until the CoC approves the plan. The court added that improved profitability alone cannot be a ground to reject a plan that meets Section 30(2) of the Insolvency and Bankruptcy Code (IBC).
October 27: SC issues notice to Centre on DPDP Act challenge by news publishers
The Supreme Court issued notice to the Centre on a petition by the Digital News Publishers Association (DNPA) challenging provisions of the DPDP Act, 2023, and its rules. The petition argues that the absence of a specific journalistic exemption could affect investigative reporting, source confidentiality and access to information under the RTI Act.
A three-judge bench headed by Chief Justice Surya Kant, and comprising Justices Joymalya Bagchi and V Mohana, listed the matter for hearing on November 17.
Disclosure: Network18, which operates Moneycontrol, is a DNPA member and a party to the petition challenging the DPDP Act
October 28-30: SC questions ECI over Form 6, seeks report on alleged bulk voter deletions
The Supreme Court questioned the Election Commission's requirement that voters excluded from Delhi's draft electoral rolls submit Form 6 to seek inclusion. It noted that the form requires applicants to declare that they have not been registered as voters elsewhere, raising concerns for people who were already enrolled but were left out during the SIR.
The court also sought an ECI report on allegations of bulk Form 7 applications seeking deletion of voters' names in Uttar Pradesh. The poll body said officials had verified the applications and rejected those found to be false.
The court clarified that its earlier ruling on Bihar's SIR did not settle the legality of the “logical discrepancies” category. The ECI also defended its decisions, saying they were taken unanimously.
October 28: SC allows reopening of tax assessments involving former CJI's sons
The Supreme Court cleared the way for reopening income-tax assessments involving Chetan and Nitin Sabharwal, sons of former Chief Justice of India YK Sabharwal.
A bench of Justices JB Pardiwala and K Vinod Chandran upheld reassessment proceedings for assessment years 2008-09 and 2009-10. The case concerns share transactions worth around Rs 255 crore in October 2007 and the purchase of a property on Delhi's Sikandra Road for Rs 61 crore in April 2010. The assessees had claimed an exemption under Section 54F of the Income Tax Act.
The court held that the tax department's investigation report provided tangible material to reopen the cases. The ruling concerns the validity of reassessment proceedings and is not a final finding of tax evasion.
October 29: SC says arbitrators cannot rewrite contracts, orders 9% interest on refund
The Supreme Court reiterated that arbitrators cannot rewrite contractual terms or grant relief contrary to the agreement between parties.
In Shreeram Builders v Upendra Kantilal Thanawala, a bench of Justices Sanjay Kumar and Sanjeev Sachdeva set aside an arbitral award arising from a 2003 development agreement. Referring to Section 28(3) of the Arbitration and Conciliation Act, 1996, the court said arbitrators must decide disputes in accordance with the terms of the contract.
It directed a refund with simple interest of 9% per annum from the respective dates of payment until repayment.
October 30: SC asks Centre to frame safeguards against misuse of courtroom recordings
The Supreme Court asked the Centre to incorporate enforcement measures in its proposed policy to prevent unauthorised extraction, uploading and commercial exploitation of audio-video recordings of court proceedings.
A bench headed by CJI Surya Kant, with Justices Joymalya Bagchi and V Mohana, discussed measures such as digital watermarking and safeguards against unauthorised use of courtroom feeds.
The court has previously restricted unauthorised extraction and commercial use of recordings, while clarifying that recognised news organisations can report on court hearings. The proceedings also raised concerns over whether prior permission requirements for sharing authenticated clips could affect judicial reporting.
October 30: SC cancels Anant Singh's bail, directs him to surrender by December 1
The Supreme Court cancelled the bail granted to expelled JD(U) MLA Anant Singh in the Dularchand Yadav murder case and directed him to surrender by December 1.
A bench of Justices MM Sundresh and Prasanna B Varale also directed Bihar Police to complete the investigation within four months. Singh had been granted interim bail to attend a family wedding.
The case relates to the killing of Dularchand Yadav during the 2025 Bihar Assembly election campaign in Mokama. The Supreme Court found fault with the Patna High Court's reasoning while examining the grant of bail.