Madras High Court Weekly Round-Up: December 8 - December 14, 2025

Citations: 2025 LiveLaw (Mad) 473 To 2025 LiveLaw (Mad) 483 NOMINAL INDEX R Thirumurugan v. R Thennarasu and Others, 2025 LiveLaw (Mad) 473 C Kayalvizhi v. The State of Tamil Nadu and Others, 2025 LiveLaw (Mad) 474 TVS Motor Company Limited v. The Assistant Controller of Patents & Designs, 2025 LiveLaw (Mad) 475 A Affice Khan v. The State, 2025 LiveLaw (Mad) 476 PVR...

'This Trend Not Correct' : Kerala Governor Questions Supreme Court's Move To Select University VCs

Kerala Governor Rajendra Arlekar has questioned the Supreme Court's decision to step in and select Vice Chancellors for two State Universities, stating that under the University Grants Commission (UGC) Act, the power to appoint Vice Chancellors vests with the Chancellor.The Governor's comments have come in the backdrop of the Supreme Court last week deciding to pick the VCs for the APJ...

Meghalaya High Court Flags 'Alarming' Breach Of Separation Of Powers; Orders District Council Judge To Cease Functioning As Executive Secretary

The Meghalaya High Court recently directed a Judge of the District Council Court to forthwith cease functioning as the Secretary to the Executive Committee of Garo Hills Autonomous District Council, Tura as holding both the posts by him violates separation of powers.The division bench comprising Chief Justice Soumen Sen and Justice H. S. Thangkhiew was hearing a PIL raising the issue that...

GST | CBIC Circulars Cannot Shield Dubious Transactions; Must Operate Within Statutory Framework: Calcutta High Court

The Calcutta High Court held that CBIC (Central Board of Indirect Taxes & Customs) circulars are binding on departmental officers but cannot be used as a protective shield in cases where the genuineness of the transaction or invoices is in doubt. Justice Om Narayan Rai stated that it cannot be doubted that a circular issued by the Central Board of Indirect Taxes & Customs...

Auction Purchaser Not Liable For Corporate Debtor's Electricity Dues: NCLT Chandigarh Reiterates

The National Company Law Tribunal (NCLT) at Chandigarh has recently directed the Himachal Pradesh State Electricity Board to restore electricity to a property purchased in liquidation, holding in the case that the successful auction purchaser cannot be made liable for electricity dues owed by the corporate debtor prior to the auction sale. A coram of Judicial Member K Biswal and Technical...

NCLT Allahabad Approves First Motion For Demerger Of Umesh Modi Group Firm's Nutraceutical Business

The National Company Law Tribunal (NCLT) at Allahabad has approved the first motion application for a scheme of arrangement involving Umesh Modi Group's G S Pharmbutor Private Limited, for the demerger of its nutraceutical business into its wholly owned subsidiary, Modilac Private Limited. A bench of Judicial Member Praveen Gupta and Technical Member Ashish Verma passed the order on December...

NPA Classification Applies To Borrower, Not Individual Loan Facilities : NCLT Kolkata

The National Company Law Tribunal (NCLT) at Kolkata has, relying on RBI norms, held that NPA classification is borrower-wise and not facility-wise, and that once any credit facility of a borrower is declared NPA, all facilities extended by the bank must be treated as NPA for insolvency proceedings.A coram of Judicial Member Labh Singh and Technical Member Rekha Kantilal Shah, in an order...

Approval Of Tribunal Not Required To Appoint Monitoring Committee Chair Under IBC: NCLT Mumbai

The National Company Law Tribunal (NCLT) at Mumbai has recently held that neither the Insolvency and Bankruptcy Code nor the CIRP Regulations require tribunal approval for appointing the chairperson of a monitoring committee, and that its role is limited to ensuring that such a committee is constituted for implementation of an approved resolution plan. A monitoring committee is typically...

Delhi High Court Quashes ₹45.36 Crore GST Demand Against NBCC After Finance Ministry Clarification

The Delhi High Court has recently quashed a Rs 45.36 crore GST demand raised against NBCC (India) Ltd, a state-owned construction and project management company under the Ministry of Housing and Urban Affairs, in connection with the redevelopment of East Kidwai Nagar, New Delhi.A division bench of Justice Prathiba M Singh and Justice Shail Jain set aside the demand after relying on...

Rajasthan High Court Issues Notice To Saudi Embassy Over Delay In Repatriation Of Indian Worker's Mortal Remains

The Rajasthan High Court has issued notice to the Embassy of the Kingdom of Saudi Arabia located in New Delhi to expedite the repatriation of mortal remains of the petitioner's son who was working there and passed away in November 2025.The bench of Dr. Justice Nupur Bhati was hearing a petition filed by a father whose son was working in Saudi Arabia on a valid work visa, and passed away...

Business Law Daily Round-Up: December 14, 2025

TAX Third-Country Invoicing Inapplicable For Electronic/Non-Electronic Toy Parts From China For Preferential Customs Duty Benefit: Mumbai AARIncome Tax Act | Gross Receipts Cannot Be Taxed As Income Without Deducting Expenses: Bombay High CourtArbitrationS.11 Arbitration Plea Not Maintainable Without Valid S.21 Notice; Email Suggesting Arbitrator Appointment Insufficient: Kerala High...

'AI-Generated Petitions': Kerala High Court Flags Rise In Fraudulent De-Freezing Pleas, Orders Mandatory Impleadment Of Local SHO

Noting increasing misuse of jurisdiction by false and forged cases, the Kerala High Court recently directed the Registry to ensure impleadment of Station House Officers of the police stations having jurisdiction over the area of residence of the petitioners that prefer pleas seeking de-freezing of their accounts.Justice M.A. Abdul Hakhim passed the direction while considering a plea...