Suit Filed Before SC's Patil Automation Judgment Can't Be Returned For Non-Compliance Of S.12-A Commercial Court Act: Allahabad High Court

Recently, the Allahabad High Court has held that a commercial court instituted prior to the Supreme Court's judgment in Patil Automation Private Limited and others Vs. Rakheja Engineers Private Limited cannot be returned for non-compliance of Section 12-A of the Commercial Court Act, 2015.It held that the mandate in the judgment regarding compulsory per-institution mediation and settlement as...

'Detention Based On 5-Year-Old FIR Suggests Lack Of Proximate Link': J&K&L High Court Quashes Preventive Detention Order Under Public Safety Act

The Jammu & Kashmir and Ladakh High Court has held that a preventive detention order cannot be sustained when it is based on a stale and remote incident, observing that a five-year gap between the alleged offence and the detention demonstrates the absence of a live and proximate link between the two.Justice Moksha Khajuria Kazmi was hearing a petition filed challenging the detention order...

Only Sessions Court Can Order Further Probe Upon Committal Of Case, Not Ilaqa Magistrate: Delhi High Court

The Delhi High Court has ruled that upon committal of a case, only the Court of Sessions can order further investigation and not an ilaqa magistrate. “After committal of the case by the Magistrate, it is the Court of Session that is trying the case. The proviso to Section 193(9) BNSS does not leave any doubt that after committal, the power to order further investigation is with the Court...

Interest Of Homebuyers Paramount In Insolvency Process Of Real Estate Company: Allahabad High Court

The Allahabad High Court has held that the interest of the homebuyers is paramount in an insolvency resolution process of a real estate company as it directly impacts their rights and interests.Justice Arun Kumar held“In an insolvency resolution process of a real estate company the primary concern is the interest of a homebuyer in the real estate project. The homebuyers are vital...

Tax Monthly Digest: October 2025

SUPREME COURTSupreme Court Issues Notice To IndiGo On Plea Of Customs Dept & GST Council Against Ruling On IGST Exemption For Imported PartsCase : Principal Commissioner of Customs Acc (Import) and others v. Interglobe Aviation LtdCase no.: Diary No. 49140-2025The Supreme Court on Monday sought a response from IndiGo's parent company, InterGlobe Aviation, on a petition filed by the...

Bank Advancing Loans To Homebuyers Can't Claim Status Of Financial Creditor Against Builder In Absence Of Undertaking To Repay: NCLAT

The National Company Law Appellate Tribunal (NCLAT), New Delhi bench of Justice Ashok Bhushan and Mr. Arun Baroka (Technical Member) held that a bank disbursing loans to homebuyers cannot be treated as a financial creditor in the Corporate Insolvency Resolution Process (CIRP) of the builder, since the loan amount was sanctioned to the homebuyers and not to the corporate debtor. The...

Demurrer And Party Autonomy: Supreme Court Reaffirms Fairness As Cornerstone Of Procedure

When can a court dismiss a case without even examining the evidence? This question lies at the heart of the plea of demurrer, a procedural device that allows the court to test whether a claim—assuming every fact stated by the plaintiff is true—still stands in law. While it was designed to promote procedural efficiency, its misuse in recent years has increasingly resulted in premature dismissals and denial of fair hearing.In Urban Infrastructure Real Estate Fund v. Neelkanth Realty Pvt. Ltd.,...

LaWGiCo Invites Papers & Articles On Emerging Legal, Policy And Justice Themes (2025–26)

LaWGiCo (Nivisam Lawgico Innovation Pvt. Ltd.) has announced its Call for Papers & Articles 2025–26, inviting submissions from lawyers, academicians, researchers, and students across India. The initiative seeks to advance legal scholarship, inspire reform, and nurture innovation in law, policy, and justice through rigorous academic engagement.About the Initiative:LaWGiCo's annual call offers a national platform for critical dialogue and scholarly contribution to India's evolving legal...

Customs | FOB Value Determined Between Parties Protected By Privity Of Contract; Cannot Be Modified By Stranger: CESTAT

The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that the FOB (Free On Board) value determined between the parties is protected by privity of contract, and it cannot be modified by a stranger to the contract. Justice Dilip Gupta (President) and Hemambika R. Priya (Technical Member) opined that FOB value is the product of...

Delhi High Court Allows Couple To Proceed With Surrogacy Despite Husband Crossing Statutory Age Bar

The Delhi High Court has permitted an intending couple to move ahead with surrogacy procedure, despite the husband being above the maximum age limit prescribed under the Surrogacy (Regulation) Act, 2021.Justice Sachin Datta noted that since the couple initiated the surrogacy procedure prior to enforcement of the enactment, the age bar under Section 4(iii)(v)(c)(I) shall not be applicable to...

Resignation From Directorship Does Not Discharge Personal Guarantor From Liability Under Continuing Guarantee: NCLAT

The National Company Law Appellate Tribunal (NCLAT) New Delhi held that once a personal guarantee is executed, the resignation from the directorship does not discharge the guarantor from liability, particularly when the guarantee is a continuing one, unless it has been expressly revoked. A bench of Justice Ashok Bhushan and Mr. Barun Mitra (Technical Member) held that “we are...

NCLT Rejects Sterling Biotech's Plea To Reclaim Pune Land From Sterling Healthcare

The National Company Law Tribunal (NCLT) at Mumbai on Friday rejected an application filed by Sterling Biotech Ltd (SBL) seeking possession of an industrial plot in Pune leased to Sterling Healthcare Ltd (SHL), which is currently under insolvency proceedings.The dispute related to a 29-year lease executed in 2008 for land located at Village Urse in Pune district. A coram comprising...