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Customs Notifications Cannot Override FTP & HBP Benefits Once DGFT Grants Approval: CESTAT Chennai Grants Relief To Hyundai Motor
The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) held that once benefits under the Foreign Trade Policy (FTP) and Handbook of Procedures (HBP) are granted by the Directorate General of Foreign Trade (DGFT), the same cannot be nullified by Customs through Notifications or Circulars issued under the Customs Act, 1962. Ajayan T.V (Judicial Member) and...
Acceptance of Goods Does Not End Pre-Existing Dispute If Quality Issues Emerge After Use: NCLT Ahmedabad
The National Company Law Tribunal (NCLT) at Ahmedabad recently ruled that accepting and consuming goods does not, by itself, erase a dispute. Quality defects that emerge after consumption can still qualify as a valid pre-existing dispute under insolvency law. A bench of Judicial Member Shammi Khan and Technical Member Sanjeev Sharma passed the order on December 19, 2025, while dismissing...
Special Appeal Against Transfer Order Under Section 24 CPC Not Maintainable As It Is Not A 'Judgment': Allahabad High Court
The Allahabad High Court has held that special appeal against an order on transfer applcation under Section 24 of CPC is not maintainable under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 as such an order is not a judgment.The bench of Justice Rajan Roy and Justice Prashant Kumar held “an order passed under Section 24 CPC is not a judgment, therefore, an appeal is not...
Arbitral Tribunal Of Retired Railway Officers Invalid Without Express Waiver U/S 12(5) A&C Act: MP High Court
The Madhya Pradesh High Court bench of Justice Vivek Jain has terminated the mandate of an arbitral tribunal constituted by Railways holding that unilateral appointment of railway officers as arbitrators despite a clear refusal by the contractor to waive the appointment under section 12(5) of the Arbitration Act rendered the tribunal de jure ineligible. The petitioner,...
Central Consumer Protection Authority Fines Vision IAS ₹11 Lakh For 'Misleading Ads' On UPSC Civil Services Exam Results
The Central Consumer Protection Authority has fined coaching institute Vision IAS (AjayVision Education Private Limited) Rs 11 Lakh for publishing "misleading advertisements" on its website wherein it is stated to have made certain claims with respect to the UPSC Civil Services Examination (CSE) results. The authority had initiated a suo-moto case against Vision IAS with regard to...
Individuals Who Are Not Homebuyers Can Approach RERA If Aggrieved: Odisha REAT
The Odisha Real Estate Appellate Tribunal has ruled that even a person who is not a homebuyer can approach the Odisha Real Estate Authority with a complaint under RERA. It set aside an order of the Odisha Real Estate Regulatory Authority which had dismissed a complaint as not "maintainable”.The tribunal held that the authority wrongly refused to examine whether a project had been...
Labour & Service Law Annual Digest 2025
Allahabad High Court Allahabad High Court Orders Inquiry Against Officers Responsible For Flawed Compassionate Appointment Case Title: Vikrant Sengar v. State Of U.P. And 3 Others [WRIT - A No. - 17732 of 2022] The Allahabad High Court recently denied relief to a petitioner dismissed from service on grounds that he obtained compassionate appointment without disclosing full...
Penalty U/S 45A KGST Act Cannot Be Initiated Beyond 'Reasonable Time' Despite No Prescribed Limitation Period: Kerala High Court
The Kerala High Court held that even though Section 45A of the Kerala General Sales Tax Act, 1963 (KGST Act) does not prescribe any limitation period, penalty proceedings must be initiated within a reasonable time. Justices A. Muhamed Mustaque and Harisankar V. Menon stated that since the notice was issued with reference to the assessment year 2011-12, the period of five years had...
Interest Stated In Invoices Not Counted To IBC Threshold Without Debtor's Acceptance : NCLT Delhi
The National Company Law Tribunal (NCLT) at New Delhi recently reiterated that interest mentioned only in invoices cannot be counted for meeting the insolvency threshold unless there is clear evidence that the corporate debtor accepted liability to pay such interest. A bench of Judicial Member Mahendra Khandelwal and Technical Member Anu Jagmohan Singh observed, “Merely because the...
No Service Tax Payable On Laying Of Cables Under Or Alongside Roads: CESTAT Kolkata
The Kolkata Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) held that consideration received for laying of underground telecom/optical fibre cables under or alongside roads is not liable to service tax. Ashok Jindal (Judicial Member) and K. Anpazhakan (Technical Member) opined that the entire demand confirmed in the impugned order under these specific categories...
Failure To Transfer Khata After Property Possession Breaches RERA: Karnataka RERA
The Karnataka Real Estate Regulatory Authority (K-RERA) has recently directed a Bengaluru-based real estate developer to transfer Khata in the names of homebuyers within 30 days, holding that a prolonged delay after execution of the sale deed and delivery of possession violated the Real Estate (Regulation and Development) Act, 2016. A Khata is an official property record maintained...
Wife Outshines 'Uncle' In 'Closest Legal Heir Test' Under Section 2 (Wa) CrPC: Allahabad High Court
Recently, the Allahabad High Court has held that the wife will outshine 'uncle' in 'closest legal heir test' under Section 2 (wa) of Cr.P.C.Section 2(wa) of CrPC defines 'victim' as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or legal heir. In...












