Residents Welfare Association Or Homebuyers' Society Can't Intervene In Insolvency Petition Against Builder : Supreme Court

The Supreme Court on Thursday (January 15) held that Resident Welfare Associations (RWAs) representing homebuyers cannot intervene in the Corporate Insolvency Resolution Process unless the RWA itself has disbursed funds or is directly a party to the financial transaction, as only then can it claim the status of a financial creditor. “A society or Resident Welfare Association, not being...

'To Safeguard Homebuyers' Interests' : Supreme Court Issues Directions For CoC In Insolvency Cases Against Builders

The Supreme Court on Thursday (January 15) issued a set of directions regarding the functioning of the Committee of Creditors (CoC) under the Insolvency & Bankruptcy Code, noting that while the commercial wisdom of the CoC is paramount, such power must be exercised with responsibility, transparency and proper application of mind, particularly in real estate insolvencies where...

'Transaction Designed For Tax Avoidance' : Supreme Court Denies Income Tax Relief To Tiger Global In Flipkart-Walmart Deal

The Court observed that the benefit of the India-Mauritius Double Taxation Avoidance Agreement cannot be given to Tiger Global.

Disobedience Of Lawful Order By CISF Personnel Constitutes Misconduct Regardless Of Prior Intimation Of Non‑Compliance : Calcutta HC

A Division Bench of the Calcutta High Court comprising Justice Madhuresh Prasad and Justice Prasenjit Biswas held that disobedience of a lawful order by a member of a disciplined force like CISF constitutes misconduct regardless of prior intimation of non‑compliance. Background Facts The employee was a Constable with the Central Industrial Security Force (CISF). She was issued...

Compassionate Appointment Can't Be Rejected Merely On Ground Of Delay If Financial Distress Is Established & Delay Is Explained: Andhra Pradesh HC

A Division Bench of the Andhra Pradesh High Court comprising Justice Cheekati Manavendranath Roy and Justice Tuhin Kumar Gedela held that compassionate appointment cannot be denied solely on the ground of delay when the delay is due to lack of awareness of rules and the family's financial distress is established. Further it was directed that the authorities must make a balanced...

Termination Violating S.25F Industrial Disputes Act Doesn't Automatically Lead To Reinstatement: Rajasthan High Court

The Rajasthan High Court has partly upheld the order of a Labour Court which directed monetary compensation to the petitioner, instead of reinstatement, despite ruling his termination to be in violation of Section 25F of the Industrial Disputes Act, 1947 (“the Act”). The bench of Justice Anand Sharma observed that even though a violation of Section 25F rendered the retrenchment illegal,...

Consumer Cases Annual Digest 2025 [Part-II]

Supreme Court Supreme Court Criticises NCDRC For Inventing New Case Of Medical Negligence In Appeal; Orders Complainant To Refund Rs 10 Lakh To Doctors Cause Title: Deep Nursing Home and another Versus Manmeet Singh Mattewal and others Citation: 2025 LiveLaw (SC) 883 The Supreme Court on Tuesday (Sep. 9) ordered a complainant to refund the ₹10 lakhs...

Karnataka High Court Quashes Cheque Bounce Case Against Director Who Resigned Before Cheques Were Issued, Cites MCA Records

The Karnataka High Court quashed a cheque dishonour complaint lodged against a man who was the Director of an infrastructure company, after referring to records of Ministry of Corporate Affairs and noting that when the cheques were issued to the complainant the petitioner was not a director. Justice M Nagaprasanna allowed the petition filed by Sujith Sudhakaran, Director of M/S Dreamz...

Contract Employee Subjected To Disciplinary Rules Can't Be Terminated Without Departmental Enquiry: Gauhati HC

A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that if a contractual employee's appointment expressly incorporates statutory disciplinary rules, then the termination on grounds of misconduct is punitive and invalid without following the prescribed enquiry procedure under such rules. Background Facts The...

Compassionate Appointment Barred Where Co-dependent Is Already Employed : Chhattisgarh HC

A Division Bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Arvind Kumar Verma held that the compassionate appointment is governed by the policy in force on the date of the employee's death and cannot be granted where a dependent is already employed. Background Facts The deceased employee worked as a Subordinate Engineer with South...

NCDRC Decree Against Builder Company Can't Be Executed Against Directors/Promoters Without Personal Liability Fixed: Supreme Court

The Supreme Court on Monday (January 12) observed that the homebuyers cannot execute a decree, obtained solely against a builder company, against its directors or promoters personally, unless a specific finding of liability was made against them in the original proceedings. “It is trite that a decree cannot, by process of execution, be employed to shift or enlarge liability so as to...

Supreme Court To Examine If NCLT President Has Power To Transfer Cases Across States

The Supreme Court is set to examine the scope of National Company Law Tribunal President's power to transfer a case across states by way of an administrative order.A bench of CJI Surya Kant and Justice Joymalya Bagchi recently issued notice on a plea challenging the Gujarat High Court order which held that the NCLT President has no authority to transfer cases from one State to another...