Tax Weekly Round-Up: October 13 - October 19, 2025

SUPREME COURTITC Cannot Be Denied To Bona Fide Purchasers If Seller Defaults On Tax Payment : Supreme CourtCase Title: THE COMMISSIONER TRADE AND TAX DELHI vs M/S SHANTI KIRAN INDIA (P) LTDCase Number: CIVIL APPEAL NO(S).2042-2047/2015The Supreme Court recently held that the Input Tax Credit (ITC) on goods purchased from registered dealers cannot be denied to bona fide purchasers merely...

IBBI Notifies Insolvency Resolution Process For Corporate Persons (Sixth Amendment) Regulations 2025

On October 14th 2025, the Insolvency and Bankruptcy Board of India (IBBI) has issued Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Sixth Amendment) Regulations, 2025. By exercising its power conferred by virtue of section 196 read with section 240 of the Insolvency and Bankruptcy Code, 2016, the IBBI has released the said...

Delhi High Court Acquits Man In POCSO Case, Says Alleging 'Physical Relations' Without Evidence Doesn't Establish Rape

While acquitting a man in a POCSO case, the Delhi High Court has ruled that mere use of the term “physical relations” without supporting evidence is insufficient to establish rape or aggravated penetrative sexual assault. Justice Manoj Kumar Ohri said that it was an unfortunate case where the victim's parents repeatedly stated that “physical relations” were established however, there...

COVID-Induced Financial Distress Or Inability To Pay Is Not Valid Defence U/S 7 IBC: NCLT Mumbai

The National Company Law Tribunal (NCLT) Mumbai bench admitted a petition under section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by Prudent ARC Limited (assignee of Central Bank of India) against RBEP Entertainment Pvt. Ltd. (formerly Reliance Big Entertainment Pvt. Ltd.). The Tribunal held that debt and default were duly established in the present case and the plea...

Supreme Court Half Yearly Digest 2025 : Banking Law

Bank Fraud – One-Time Settlement (OTS) – Supreme Court quashed criminal proceedings against appellants involving allegations of ₹25.89 lakh bank fraud under Sections 120B, 420, 468, and 471 of IPC and Sections 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988, following a full settlement of dues with the Bank via OTS of ₹52,79,000. Held, where dispute is purely...

NCLT Lacks Jurisdiction To Recover Disputed Contractual Dues During Liquidation U/S 60(5) IBC: NCLAT New Delhi

The NCLAT, New Delhi, Principal Bench, comprising Justice Ashok Bhushan (Chairperson) and Barun Mitra (Member-Technical), has held that the NCLT doesn't have jurisdiction under section 60(5) of the IBC to recover disputed contractual dues during liquidation. Uttar Pradesh Rajkiya Nirman Nigam Ltd. (URNL) was working under the Uttar Pradesh Power Transport Corporation Ltd. (UPPTCL)....

Can't Claim Salary Arrears For Period Of Honorary Service Prior To Prospective Regularization: Gauhati HC

A Division bench of the Gauhati High Court comprising JusticeMichael Zothankhuma and Justice Anjan Moni Kalita held that an employee cannot claim arrear salary for honorary service prior to regularization if the appointment conditions were accepted and regularization order granted benefits only prospectively. Background Facts The appellant was appointed as a Subject Teacher for...

NCLAT New Delhi Dismisses Korea Trade Insurance Corp's Insolvency Plea Against Amrit Polychmen

The National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, comprising Justice Ashok Bhushan (Chairperson) and Barun Mitra (Member-Technical), has dismissed the Korea Trade Insurance Corporation (Ksure) plea for insolvency of Amrit Polychmen, saying that the Ksure was well aware of the pre-existing dispute before stepping into the shoes of JTC. Amrit Polychem...

Courts Can Exempt Property From Doctrine Of Lis Pendens To Protect Genuine Owners From Vexatious Suits: Delhi High Court

The Delhi High Court has held that courts can exempt a property from the doctrine of lis pendens, to shield genuine owners from vexatious suits.The doctrine stems from Section 52 of the Transfer of Property Act 1882. It stipulates that any transfer of property during a pending lawsuit affecting that property is subject to the outcome of the lawsuit.A division bench of Justices Anil Kshetarpal...

[S.5 BSA] 'Photos Of Place Where Crime Occurred Is Relevant Document While Cross-Examining Witness': Kerala High Court

The Kerala High Court has held that a defence lawyer may confront a prosecution witness with relevant documents such as photographs or site plans during cross-examination if those materials are connected to the facts in issueJustice G. Girish delivered the judgment in a criminal miscellaneous petition challenging the order of the Additional Sessions Judge, Ernakulam, who refused to allow...

Arbitration Quarterly Digest: July-September 2025

Supreme Court Clause Saying Arbitration "May Be Sought" Doesn't Constitute A Binding Arbitration Agreement : Supreme Court Cause Title: BGM AND M-RPL-JMCT (JV) VERSUS EASTERN COALFIELDS LIMITED Citation : 2025 LiveLaw (SC) 731 The Supreme Court recently held that a clause in an agreement that arbitration "may be sought" to resolve disputes between the parties will not...

Himachal Pradesh High Court Monthly Digest: September 2025

Citations: 2025 LiveLaw (HP) 143 to 2025 LiveLaw (HP) 180NOMINAL INDEX:Adil V/s State of H.P.,2025 LiveLaw (HP) 143Manish Dharmaik V/s State of H.P. & Ors.,2025 LiveLaw (HP) 144Nathu v/s National Thermal Power Corporation (NTPC) & others.,2025 LiveLaw (HP) 145Raj Kumar & another V/s State of H.P. & Ors.,2025 LiveLaw (HP) 146Zydus Wellness Products Ltd. v/s Karnal Foods...