AI-curated court updates, legal developments, and practice-area insights for Indian legal professionals.
The Calcutta High Court ruled that Section 107 of the BNSS Act does not provide adequate safeguards for third parties, applying a stringent 'reason to believe' test to quash a property attachment order. This highlights the need for more comprehensive legal frameworks.
The Calcutta High Court quashed an FIR in a dispute worth Rs 3.3 crore, determining that the FIR filed after unsuccessful IBC proceedings constituted an abuse of process. The court noted that the petitioner had already made payments in compliance with previous orders.
The Madras High Court ruled that legal heirs of a deceased taxpayer can be held liable for tax dues under Sections 73, 74, and 74A. The court emphasized that tax liability can be determined posthumously, encompassing the entire adjudicatory process.
The Calcutta High Court ruled that Company Courts can transfer winding up petitions to the NCLT on their own accord under Section 434(1)(c) of the Companies Act, 2013.
The Karnataka High Court affirmed the mandatory seven-day compliance period for income tax notices under Section 148A(b), ruling that shorter timeframes are inherently illegal.
The Bombay High Court has declared a penalty under Section 271(1)(c) of the Income Tax Act invalid due to delays in passing an order giving effect to the assessment, thus abating the tax demand.
The Reserve Bank of India has undertaken a review of circulars issued under the Foreign Exchange Management Act, 1999. This review aims to streamline and update regulatory measures affecting authorised persons.
The Delhi High Court ordered Meesho to remove listings of products allegedly infringing on Jockey's trademark. The Court found that Jockey established a prima facie case of trademark violation regarding similar products sold on the platform.
The Karnataka High Court ruled that KPTCL cannot unilaterally revise supervision charges payable by consumers for self-executed electrical works. The court quashed a demand notice of ₹1.2 crore issued to Anushka Realty, emphasizing that any charge revision requires approval from the Karnataka Electricity Regulatory Commission (KERC).
India's collaboration with Brazil on the Traditional Knowledge Digital Library (TKDL) signals a potential transformation in the governance of traditional knowledge. This partnership may influence patent practices and biodiversity management on a global scale.
The CESTAT ruled that ownership of seized gold is established through GST documents, disallowing confiscation. Burden under Section 123 of the Customs Act was deemed fulfilled by the importer, making confiscation unsustainable.
The Calcutta High Court has ruled that company courts may transfer pending winding-up petitions to the NCLT on their own accord under Section 434 of the Companies Act, 2013, without the need for a formal application from the parties.
The Gauhati High Court ruled that mechanical attachment of bank accounts under Section 83 of the GST Act without prior formation of opinion by the authorities is unsustainable. The court ordered the de-freezing of the affected bank account.