Corporate
CERC's Powers To Refer Disputes To Arbitration Extends To Even Those Cases Which Fall Outside Its Jurisdiction: Delhi High Court
In a noteworthy judgment for the renewable energy sector, the Delhi High Court has observed that the power of Central Electricity Commission (“CERC”) under Section 79(1)(f), Electricity Act to refer parties to arbitration is wider than its power to adjudicate. A bench of Justice Purushaindra Kumar Kaurav observed that CERC in exercise of its adjudicatory powers can...
Income Tax | Bombay High Court Declines Interim Relief To Same Sex Couple Seeking Inclusion Under Term 'Spouse' For Tax Exemption
The Bombay High Court on Thursday refused to grant any interim relief to the same sex couple, which has challenged the constitutional validity of Section 56(2)(x) of the Income Tax (IT) Act, which grants exemption from tax on gifts between heterosexual couples.A division bench of Justices Burgess Colabawalla and Amit Jamsandekar heard the brief submissions of the petitioner Payio Ashiho and...
Delhi High Court Directs 'American Dream11' To Take Down Social Media Pages Infringing Dream11's Mark
The Delhi High Court has directed American Dream 11, a US-based fantasy gaming company, to take down or block all its social media pages and profiles that allegedly infringe the trademark Dream11 on platforms such as Facebook, X (formerly Twitter), LinkedIn, and Instagram.A single-judge bench of Justice Tejas Karia passed the order while hearing a plea filed by Sporta Technologies Pvt....
NCLT Mumbai Summons Bank Of India Chairperson Over Delays In BE Billimoria Insolvency Revival
The National Company Law Tribunal at Mumbai recently summoned the Chairperson of Bank of India, MR Kumar to appear in person after expressing serious dissatisfaction over the bank's conduct in handling settlement funds and the delay in reviving insolvency proceedings against BE Billimoria & Company Limited. A coram of the Judicial Member Ashish Kalia and Technical Member Sanjiv Dutt, in...
Homebuyers With Settled Claims Can't Seek Reconstitution Of Committee Of Creditors: NCLT Kochi
The National Company Law Tribunal (NCLT) at Kochi on Wednesday said that homebuyers whose claims have been settled through the insolvency resolution process lose their stake in the corporate debtor, Samson and Sons Builders and Developers Pvt. Ltd., and therefore cannot seek the reconstitution of the Committee of Creditors (CoC). The dispute arose from a plea filed by the Nova Castle...
VRS Application Must Be Processed Notwithstanding Pending Misconduct Charges If Employee Is Medically Unfit To Face Inquiry: Allahabad High Court
A Division bench of the Allahabad High Court comprising Justice Manoj Kumar Gupta and Justice Siddharth Nandan held that an employee's application for VRS (voluntary retirement) must be processed without regard to pending misconduct charges when a medical condition renders a disciplinary inquiry impossible. Background Facts The employee was a Technician Grade-II with...
GST Department Must Decide Refund Applications Expeditiously, Any Delay Adversely Affects Business: Delhi High Court
The Delhi High Court has called upon the Goods and Services Tax Department to expeditiously process the refund applications filed by registered persons/ entities.A division bench of Justices Prathiba M. Singh and Shail Jain observed, “As per the statutorily prescribed procedure, the refund applications have to be dealt with in a particular manner within the prescribed timelines as per...
Furnace Oil Not On Par With 'Plant And Machinery', Unrelated To Goods Dispatched For Complete Sales Tax Set-Off: Bombay High Court
The Bombay High Court on Wednesday held that manufacturers cannot claim full sales tax set-off on furnace oil used in producing goods that are partly sold within Maharashtra and partly transferred to branches outside the state, ruling that a 6% reduction must apply under Rule 41D(3)(a) of the Bombay Sales Tax Rules, 1959. Assessee sought to put forth that Furnace oil is a consumable...
Intellectual Property Rights Weekly Round-Up: 2025 November 03–09
NOMINAL INDEX Suparshva Swabs India v. AGN International & Ors., 2025 LiveLaw (Del) 1430 Sabu Trade Pvt. Ltd. v. Rajkumar Sabu & Anr., 2025 LiveLaw (Del) 1439 Bima Sugam India Federation v. A Range Gowda & Ors., 2025 LiveLaw (Del) 1441 Quantum Hi-Tech Merchandising Pvt. Ltd. v. LG Electronics India Pvt. Ltd. & Ors., 2025 LiveLaw (Del) 1443 Capital Foods...
Delhi High Court Raps Income Tax Dept For Over Two-Year Delay In Implementing ITAT Order; Directs Refund With Interest Within One Month
The Delhi High Court recently criticized the Income Tax Department for an over 2-year delay in implementing an ITAT order, directing it to reconsider the demand raised against an assessee.A division bench of Justices Prathiba M. Singh and aShail Jain observed that the Income Tax Department must implement judicial orders with “alacrity” however in this case, it woke up only after the...
NCLT Kochi Directs Deposit Of Due Security And Revenue Shares In Jatayupara Tourism Project Escrow Account
The National Company Law Tribunal, Kochi Bench, has directed the Guruchandrika Builders & Property Private Limited, Mr. Rajeev Vidyadharan, and Mrs. Padmam Rajeev, proprietor of Nanma Eatery (formerly Jatayu Merchandise), to deposit the sum of Rs. 38,32,744, into the project's common pool account. An agreement dated January 1, 2024, under which Respondents Rajeev Vidyadharan and...
Informer Of GST Evasion Cannot Seek Reward As A Matter Of Right: Delhi High Court
The Delhi High Court has prima facie observed that an informer, who apprises the Department about evasion of goods and services tax by an entity, cannot seek reward for sharing such information as a matter of right.A division bench of Justices Prathiba M. Singh and Shail Jain were of the prima facie view that no such right vests in any informer.“In the opinion of this Court, the grant of...