No Employer-Employee Relationship Between Principal Employer & Workman Engaged Through Contractor : Delhi HC

A Delhi High Court Bench comprising Justice Renu Bhatnagar held that a workman engaged through a contractor is not an employee of the principal employer if the claimant fails to prove a direct employer-employee relationship with credible evidence. Background Facts The workman was a Driveway Sales Man (DSM) for Indraprastha Gas Limited (IGL) since 2001. He was terminated in 2005. He claimed that his services were ended illegally without compliance with the Industrial Disputes Act....

LIC Cannot Deny Accidental Death Benefit On 'Hyper-Technical' Grounds: Chandigarh Consumer Commission

The District Consumer Disputes Redressal Commission, Chandigarh, comprising Amrinder Singh Sidhu (President) and B.M. Sharma (Member), has held that insurance companies cannot reject legitimate claims by taking shelter behind minor or hyper-technical objections, particularly when the insured has acted in good faith. Holding the Life Insurance Corporation of India (LIC) guilty of deficiency...

LiveLawBiz: Business Law Daily Round-Up: December 20, 2025

TaxCan GST Be Levied On Medicines Supplied During In-Patient Treatment? Delhi High Court To ExamineIncome Tax Act | S.153C Trigger Starts On Handing-Over Date, Not Search Date: Delhi High Court ITC Cannot Be Denied To Purchasing Dealer Solely Due To Retrospective Cancellation Of Supplier's GST Registration: Calcutta High Court GST Not Leviable On Interest/Penalty Charged By Chit Fund...

Delhi High Court Cancels Trademark Similar To Punjab Football Club Held By Apparel Company

The Delhi High Court has ordered the removal of the “PFC” trademark registered in favor of Posshusa Apparels India Private Limited, holding that the mark was deceptively similar to the trademarks of Punjab Football Club and had remained unused since its registration. By an order dated December 11, 2025, Justice Manmeet Pritam Singh Arora allowed a plea filed by Punjab FC, a...

NCLT Delhi Dismisses Diwan Spirits Insolvency Plea Against Khao Gali Restaurants

The National Company Law Tribunal (NCLT) at New Delhi, has refused to push Khao Gali Restaurants Pvt. Ltd. into insolvency on a plea by liquor wholesaler Diwan Spirits.It held that the dispute between the parties is not a clear case of non-payment but one that turns on reconciliation of accounts under the now scrapped Delhi Excise Policy 2021–22. A bench of Judicial Member Manni...

Contractor Who Stayed Silent During CIRP and Liquidation Cannot Reclaim Auctioned Machinery: NCLT Mumbai

The National Company Law Tribunal (NCLT) at Mumbai has recently held that a contractor cannot seek compensation or get back machinery auctioned during liquidation if it remained silent throughout the corporate insolvency resolution process and liquidation. A bench of Judicial Member Sushil Mahadeorao Kochey and Technical Member Prabhat Kumar dismissed an application filed by Ahluwalia...

Covid-Era Insolvency Protection Applies Only To Companies, Not Personal Guarantors: NCLAT Reaffirms

The National Company Law Appellate Tribunal (NCLAT) at New Delhi, has recently reiterated that that the Covid-era suspension under the Insolvency and Bankruptcy Code does not protect personal guarantors from insolvency proceedings. The appellate tribunal ruled that the suspension applies only to companies and does not bar creditors from initiating insolvency proceedings against individuals...

NCLT Hyderabad Declares Former Deccan Chronicle Promoter T Venkatram Reddy Bankrupt

The National Company Law Tribunal (NCLT) at Hyderabad has declared Tikkavarapu Venkatram Reddy, former promoter of Deccan Chronicle Holdings Limited, the publisher of the Deccan Chronicle newspaper, bankrupt after he failed to submit a repayment plan as a personal guarantor for the company's borrowings.A bench of Judicial Member Rajeev Bhardwaj and Technical Member Sanjay Puri, while allowing...

Central Excise | Packaged Drinking Water Cannot Be Assessed On MRP Basis U/S 4A: CESTAT Chennai

The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) held that packaged drinking water is not liable to be assessed on MRP basis under Section 4A of the Central Excise Act unless it is specifically covered by a statutory notification. Section 4A of the Central Excise Act, 1944, provides a special procedure for the valuation of excisable goods based on...

Bombay High Court Denies Interim Relief To Chinese Restaurant House of Mandarin In 'HOM' Trademark Dispute

The Bombay High Court has refused interim relief to a Mumbai Chinese cuisine restaurant, House of Mandarin, in a trademark infringement and passing off suit over the use of the mark “HOM.” By an order dated December 19, 2025, Justice Sharmila U Deshmukh held that no prima facie case was made out. The court said House of Mandarin failed to show that the acronym “HOM” had...

CENVAT Credit Rules | Only Common Input Service To Be Considered For Calculating Credit For Reversal Under Rule 6(3A): CESTAT Chennai

The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) held that while computing the amount of CENVAT credit to be reversed under Rule 6(3A) of the CENVAT Credit Rules, 2004, only credit pertaining to common input services is required to be considered. Rule 6(3A) of the CENVAT Credit Rules, 2004, provides the specific procedure and formula for determining...

Excise | Captive Exemption Cannot Be Denied When Final Products Are Partly Cleared On Duty Payment & Partly Under Exemption: CESTAT

The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) held that the captive exemption under Notification 67/95-CE remains available even if the final product is partly cleared on duty payment and partly under exemption. Central Excise Notification No. 67/95-CE provides an exemption from excise duty for specified inputs and capital goods that...