The Indian competition law regime has undergone substantial changes over the past few years and is constantly evolving both in terms of regulations as well as the Competition Commission of India’s decisional practice. This note covers key developments in the Indian competition law over the past year.
Compounding of offences is a mechanism under Section 441 of the Companies Act, 2013 that enables parties to resolve regulatory non-compliance by paying a certain amount and reflects a legislative intent to provide an alternative to investigation or adjudication for technical or procedural non-compliances while preserving the deterrent function of penal provisions.
This note examines the legal framework and principles governing compounding, clarifies certain misconceptions surrounding compounding and notes certain areas of improvement.
Issue 2 of 2026 of the RERA Roundup covers significant judicial pronouncements, appellate decisions, High Court rulings and regulatory circulars issued between October 2025 and March 2026.
This edition highlights important developments concerning the definition of “allottee” and “promoter,” delayed possession claims, jurisdictional boundaries of RERA authorities, enforcement of RERA orders, conflicts between homebuyer rights and secured creditors, deemed project registration, arbitration vis-à-vis RERA remedies and the evolving treatment of redevelopment and assignment arrangements. The roundup also analyzes key circulars issued by MahaRERA concerning execution of documents and recovery of amounts awarded under RERA orders.
The Supreme Court of India in Securities and Exchange Board of India v. Terrascope Ventures Limited (2026 INSC 245). The note analyzes the landmark judgment of Securities and Exchange Board of India v. Terrascope Ventures Limited, where the Supreme Court of India ruled that deviations from the disclosed use of proceeds of a preferential issue cannot be cured by shareholder ratification or post-facto amendments to the company’s memorandum of association. The note outlines SEBI’s affirmation that its regulatory framework protects market integrity and that such breaches cannot be waived by corporate actions.
Given the significant rise in redevelopment activity across Mumbai, this note examines the critical legal, regulatory, and commercial checks that buyers, investors, and financial institutions must undertake before committing to a unit in a redevelopment project. It highlights key considerations under applicable laws such as the Real Estate (Regulation and Development) Act, 2016 and the Maharashtra Ownership Flats Act, 1963, along with practical due diligence measures relating to title, statutory approvals, society consent, and development agreements.
On January 21, 2026, a full bench of the Madras High Court passed an order in a case titledBM Insulationanswering questions of law raised by a single judge on the maintainability of applications filed post-award under Section 9 of the Arbitration and Conciliation Act, 1996, as amended. The reference was made in light of two inconsistent division bench judgements of the Madras High Court inGopuram EnterprisesandK. Puniyamoorthy.The full bench has held that a post-award Section 9 application is maintainable until the proceedings for execution of the arbitral award are concluded.
This note highlights the inconsistencies that existed prior to the full bench decision and the current position of law.
This annual roundup of the “Namaste Korea” newsletter provides an overview of key Indian legal and business developments in 2025 relevant to South Korean businesses and other organizations with India-related interests.
The newsletter includes recent legislative developments in India – including on data protection, labour and employment, insurance, and online gaming.
The newsletter also includes sector-specific updates, including in the aerospace and defence, tourism, healthcare, retail, gaming, media and entertainment, manufacturing, electronics, technology, and automotive sectors.
We are pleased to present issue 1 of 2026 of S&R’s RERA Roundup for the period April to September 2025. This publication provides a curated overview of significant legal developments under the Real Estate (Regulation and Development) Act, 2016 (“RERA”), as reflected in recent judgments and passed by various Real Estate Regulatory Authorities and appellate forums/courts across India.
As the regulatory framework continues to evolve, these decisions provide valuable insight into emerging interpretative trends influencing the implementation and enforcement of RERA. This edition is intended to serve as a practical reference for stakeholders navigating the dynamic real estate regulatory landscape.
Defaults by allottees in making timely payments continue to pose serious challenges for real estate promoters, often resulting in stalled inventory, disrupted cash flows, and project-level financial stress. While the Real Estate (Regulation and Development) Act, 2016 permits cancellation of allotments in accordance with the agreement for sale, the absence of a clear statutory mechanism for giving effect to such cancellation—particularly where allottees refuse to cooperate—has led to prolonged deadlocks. Addressing this long-standing procedural gap, the Maharashtra Real Estate Regulatory Authority (“MahaRERA”) has now issued a significant circular prescribing a standard operating procedure for execution and registration of deeds of cancellation. This note examines the background to the Circular, the judicial developments that prompted it, and its practical implications for promoters, allottees, and registering authorities.
One of the innovations proposed in the Insolvency and Bankruptcy Code (Amendment) Bill, 2025 (the “Bill”) is a new resolution framework that is intended to serve as an alternative to the conventional corporate insolvency resolution process (“CIRP”) under the Insolvency and Bankruptcy Code, 2016. Termed as the creditor-initiated insolvency resolution process (“CIIRP”), this process is designed as a largely out-of-court mechanism, but with the National Company Law Tribunal playing a supervisory role at key stages, including in case of a dispute, for grant of a moratorium and approval of a resolution plan. Another distinguishing feature of the CIIRP is that the corporate debtor continues to remain in control of the business (subject to certain checks and balances), in contrast to the CIRP where control is ceded to the resolution professional. This note analyzes the CIIRP framework as proposed in the Bill. For our analysis of other provisions of the Bill, please refer to our note here.
S&R Associates is pleased to announce the opening of its office in Bengaluru:
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1st Floor
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Bengaluru 560 001
India