Corporate
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...
Liability Of Personal Guarantor Arises Only Upon Demand Made In Accordance With Guarantee Deed: NCLT Hyderabad
The National Company Law Tribunal (NCLT), Hyderabad Bench-II, has recently ruled that the liability of the personal guarantor to the corporate debtor arises only upon a valid demand being made in strict accordance with the terms of the guarantee deed. The bench of Rajeev Bhardwaj (Member-Judicial) and Yogendra Kumar Singh (Member-Technical) observed that, “Rule 3(1)(e) of...
Leasehold Rights Vest With Corporate Debtor Upon Amalgamation: NCLAT Upholds Inclusion Of WBHIDCO Land In Concast Steels' Liquidation Estate
The National Company Law Appellate Tribunal (NCLAT), New Delhi, has upheld the inclusion of leasehold land allotted by West Bengal Housing Infrastructure Development Corporation Ltd. (WBHIDCO) to Concast Ispat Ltd. (CIL) in the liquidation estate of Concast Steel and Power Ltd. (CSPL), thereby dismissing WBHIDCO's appeal and affirming that the transfer of the leased land was made with...
Supreme Court Dismisses Rs 244 Crore Service Tax Plea Against Bharti Airtel Over Employee Scheme
The Supreme Court has recently dismissed a nearly Rs 244 crore service tax appeal filed by the Commissioner of Central Goods and Service Tax, Gurugram, against telecom giant Bharti Airtel Ltd. The dispute concerned the company's Airtel Employees Services Scheme (AESS), which offered free or discounted telecom services to its employees.The appeal challenged a January 27, 2025 order of the...
Customs | Importer Cannot Be Penalised For Misdeclaration Merely Because Other Importers Declared High Prices For Similar Goods: CESTAT
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that an importer cannot be penalised for misdeclaration merely because other importers declared high prices for similar goods under the Customs Valuation Rules. Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member) opined that the mere fact that another importer...