Administrative Delay And Seniority: When Favouring A Junior Over Seniors Becomes Discriminatory: Delhi High Court

A Division bench of the Delhi High Court comprising Justice Navin Chawla and Justice Madhu Jain held that administrative delay in the employees' joining created a shortfall in their qualifying service for promotion. Hence the employees were eligible for promotion as the delay was attributable to the administrative process of UOI and not to any fault of...

No Depreciation On SIPCOT Payments For Infrastructure Development, But Eligible For 5% Annual Revenue Deduction: Madras High Court

The Madras High Court has held that depreciation on payment to State Industries Promotion Corporation of Tamil Nadu Limited (SIPCOT) for infrastructure development is not allowed, but the assessee is eligible for 5% annual revenue deduction. Chief Justice Manindra Mohan Shrivastava and G. Arul Murugan were addressing the appeal pertaining to the claim of depreciation on the sum...

Resignation as Director Doesn't Relieve Guarantor of Personal Guarantee Obligations: NCLAT

The National Company Law Appellate Tribunal at Delhi recently observed that a resignation from directorship does not absolve a person from obligations arising under a personal guarantee agreement. The tribunal held that a personal guarantee, once executed as a continuing obligation, remains binding even after the guarantor steps down from the company's board. A bench comprising...

Termination Of Contract During CIRP For Performance Default Not Covered By Moratorium: NCLAT New Delhi

The National Company Law Appellate Tribunal (NCLAT) New Delhi held that termination of a contract based on long performance defaults does not violate section 14 of the Insolvency and Bankruptcy Code, 2016 (IBC). A Bench comprising Justice Ashok Bhushan (Chairperson) and Arun Baroka (Technical Member) dismissed the appeal filed by Mr. Pradeep Upadhyay, Liquidator of M/s...

Delhi High Court Refers EBC–Rupa Trademark Dispute on Constitution Pocket Edition To Mediation

The Delhi High Court has recently referred a trademark dispute between EBC Publishing Pvt. Ltd. and Rupa Publications India Pvt. Ltd. to mediation before the Delhi High Court Mediation and Conciliation Centre. The dispute concerns the alleged deceptive similarity between the publishers' coat-pocket editions of the Constitution of India. Justice Manmeet Pritam Singh Arora passed the order...

District Court Can Hear Design Infringement Cases Unless Cancellation Is Sought : Rajasthan High Court

The Rajasthan High Court has recently held that District Courts are empowered to hear design infringement cases unless the opposing party formally seeks cancellation of the registered designs. The bench at Jaipur made this ruling while setting aside the transfer of three such cases filed by Jaipur-based carpet exporter S.N. Kapoor Export against Saraswati Global Ltd., another trader from...

One-Time Settlement Proposal Made After Expiry Of Limitation Does Not Extend Period U/S 18 Of Limitation Act: NCLT Indore

The National Company Law Tribunal (NCLT), Indore Bench, has held that the one-time settlement (OTS) proposal submitted after the expiry of the limitation period doesn't extend the limitation period under section 18 of the Limitation Act, 1963. The bench of Judicial Member Brajendra Mani Tripathi and Technical Member Man Mohan Gupta observed that if a party makes an acknowledgment...

NCLT Mumbai Clears Reliance Retail's Consumer Brands Restructuring Plan

The National Company Law Tribunal (NCLT) at Mumbai has approved Reliance Retail's plan to reorganize its consumer products business. The move will shift the group's fast-moving consumer goods and brands division into a new arm called Reliance Consumer Products Limited, giving the business its own management and focus. In an order passed on November 6, a coram of Judicial Member Sushil...

'Insurance Is A Safety Net, Not Hurdle': Kerala Consumer Forum Raps Insurer For Denying Valid Claim, Imposes Cost

The District Consumer Disputes Redressal Commission, Ernakulam recently ordered Future Generali India Insurance Company Ltd. and Future General Health (FGH) to pay the balance hospital bill and a compensation of Rs. 30,000 to a policy holder for denying a valid health insurance claim.The Bench of D.B. Binu (President), V. Ramachandran and Sreevidhia T.N. ordered that the opposite parties would...

Personal Guarantors Cannot Misuse Insolvency Process To Defeat Creditor Recovery: NCLT Chennai

The National Company Law Tribunal (NCLT), Chennai, has recently ruled that personal guarantors cannot misuse the insolvency process to delay or obstruct legitimate recovery actions by creditors. In an order passed on October 10 by a coram of Judicial Member Jyoti Kumar Tripathi and Technical Member Ravichandran Ramasamy, the tribunal noted that the Interim Resolution Professional (IRP)...

'Callous': NCLAT Pulls Up NCLT For Ignoring MCA Communication On Removal Of Promoter's Disqualification

The National Company Law Appellate Tribunal (NCLAT) New Delhi bench set aside an order passed by the National Company Law Tribunal (NCLT) by which it had declared promoters of JC World Hospitality Pvt. Ltd. ineligible under section 29A of the Insolvency and Bankruptcy Code, 2016 (IBC) and quashed their resolution plan. The Bench comprising Justice Ashok Bhushan and Mr. Barun...

Aishwarya Rai Bachchan Gets Relief From ITAT Mumbai; ₹4.6 Crore Disallowance U/S 14A Income Tax Act Deleted As 'Unreasonable'

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has deleted Rs. 4.6 Crore disallowance made under Section 14A Income Tax Act, against Aishwarya Rai Bachchan in a high-profile income tax case. Section 14A of the Income Tax Act, 1961 has prescribed a method for determining the expenditure incurred towards earning exempt income under Rule 8D by the income...