Ex-Director Cannot Claim Oppression For Lapses During His Tenure: NCLT Ahmedabad

The National Company Law Tribunal (NCLT) at Ahmedabad has recently observed that a director who actively managed a company cannot allege oppression for irregularities that took place during his own tenure. A bench of Judicial Member Shammi Khan and Technical Member Sanjeev Sharma, while examining allegations of siphoning of funds, falsification of accounts and mismanagement in DB...

“Illegal, Arbitrary & Colourable Exercise Of Power": Karnataka High Court Quashes Consolidated GST Show Cause Notice Clubbing Multiple FYs

The Karnataka High Court held that issuing a consolidated show cause notice for multiple financial years is illegal, arbitrary and contrary to the provisions of the CGST Act. The bench opined that a composite notice for multiple financial years enables the Department to blur the statutory distinction between Section 73 (non-fraud, etc.,- 3 year limitation) and Section 74 (fraud etc., -...

LiveLawBiz: Business Law Daily Round-Up: December 18, 2025

TAX Centre Notifies Reallocation Of Territorial Jurisdiction Of DRTs In West Bengal Under RDB ActService Tax | Windmill Installation, Commissioning Services Construable As 'Input Service', Credit Admissible: Gujarat High CourtCustoms Act | No Time Bar For Shipping Bill Conversion Under Section 149: CESTAT MumbaiIPRCommercial Courts Act Bars Intra-Court Appeals In Patent Disputes: Madras...

Bombay High Court Upholds Validity Of ODR Clause, Refuses Substitution Of Arbitrator Appointed Through ODR Platform

The Bombay High Court has upheld the validity of an Online Dispute Resolution (“ODR”) clause as well as the arbitrator appointment process conducted through an ODR platform. The Petitioner i.e. Amit Chaurasia (“Chaurasia”) filed an application for substitution of arbitrator. The Bench of Justice Somasekhar Sundaresan reviewed the contract between the parties and observed that...

Auction Purchaser Cannot Be Compelled To Clear Previous Owner's Dues: NCLT Mumbai

The National Company Law Tribunal (NCLT) at Mumbai has held that an auction purchaser under the Insolvency and Bankruptcy Code cannot be compelled to clear the previous owner's outstanding dues, in a dispute arising from the transfer of a flat sold during liquidation proceedings.The ruling came on an application filed by AJS Impex Private Limited, the auction purchaser, against the...

NBFC Retains Financial Service Provider Status Despite Lending Ban, Insolvency Only On RBI's Plea: NCLAT

The National Company Law Appellate Tribunal (NCLAT), New Delhi, has held that a non-banking financial company does not lose its status as a financial service provider merely because the Reserve Bank of India has barred it from fresh lending. As a result, such an entity continues to remain outside creditor-initiated insolvency proceedings under the Insolvency and Bankruptcy Code.A bench headed...

Commercial Courts Act Bars Intra-Court Appeals In Patent Disputes: Madras High Court

The Madras High Court has held that an intra-court appeal is not maintainable against an order passed by a Single Judge while deciding a statutory patent appeal under the Patents Act. The court reiterated that the Commercial Courts Act does not permit a second appeal within the High Court. “Any expansion of scope of the Commercial Courts Act will defeat its objectives and there is no...

Debenture Trustees Are Financial Service Providers, Insolvency Plea Not Maintainable: NCLT Mumbai

The National Company Law Tribunal at Mumbai has recently reiterated that debenture trustees are Financial Service Providers, and therefore insolvency proceedings under the Insolvency and Bankruptcy Code are not maintainable against them, dismissing a plea filed against Centbank Financial Services Ltd. A coram of Judicial Member Nilesh Sharma and Technical Member Sameer Kakar, in an order...

CCI Takes Cognisance Of Complaint Against IndiGo Over Mass Flight Disruptions

The Competition Commission of India (CCI) has taken cognisance of a complaint filed against budget airline IndiGo over the widespread flight disruptions that affected passengers across multiple routes in recent weeks. In a press release issued on Thursday, the competition watchdog said it had carried out a preliminary assessment of the information placed before it and decided to proceed...

Securities Markets Code, 2025: What Is New In the Government's Proposed Overhaul of Capital Markets Law

The Central government on Thursday introduced the Securities Markets Code, 2025 in the Lok Sabha, proposing a single, consolidated law to govern India's securities markets. The proposed bill repeals the Securities Contracts (Regulation) Act, 1956, the Securities and Exchange Board of India Act, 1992, and the Depositories Act, 1996.Beyond consolidation, It also introduces introduces...

Insolvency Cannot Be Withdrawn After Liquidation Begins: NCLAT Reaffirms

The National Company Law Appellate Tribunal at Chennai has reiterated that an insolvency case cannot be withdrawn once liquidation has begun, holding that the law allows withdrawal only during the resolution stage and not after a liquidation order is passed. A bench of Judicial Member Justice Sharad Kumar Sharma and Technical Member Jatindranath Swain dismissed an appeal on Wednesday , filed...

Bombay High Court Bars Sale of Cough Syrup Under 'CEFDON' Mark, Citing Similarity With 'CEDON'

The Bombay High Court has permanently barred an Ahmedabad-based drug company from selling a cough syrup under the name “CEFDON”, ruling that it is too similar to an existing and well-known brand, “CEDON.” In a judgment delivered on December 16, 2025, Justice Arif S Doctor ruled in favour of Blue Cross Laboratories Private Limited, which owns the registered trademark “CEDON.”...