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Classification Between Allopathic & Ayurvedic Doctors Performing Same Function Unreasonable: Rajasthan HC
A Division Bench of the Rajasthan High Court comprising Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit held that classification between Allopathic and Ayurvedic doctors performing the same functions is unreasonable and that Ayurvedic doctors are entitled to the same enhanced retirement age of 62 years along with all consequential benefits. Background Facts The...
Interest Liability Shall Not Cease Merely Because Default Of Principal Amount Fell During S.10A Period: 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 Unity Small Finance Bank Limited against Bafna Motors Private Limited holding that defaults committed after section 10A period are sufficient to trigger Corporate Insolvency Resolution Process (CIRP). It further held that...
Rajasthan High Court Monthly Digest: September 2025
Citations: 2025 LiveLaw (Raj) 292 To 2025 LiveLaw (Raj) 330 NOMINAL INDEX Darogi & Ors. v Chetram & Ors; 2025 LiveLaw (Raj) 292 M/s Subhash Chand Mukesh Chand v State of Rajasthan & Ors.; 2025 Live Law (Raj) 293 Bank of Baroda v U.N Automobiles Pvt Ltd.; 2025 LiveLaw (Raj) 294 Kanchan Patil (Mirasi) Samaj v State of Rajasthan; 2025 LiveLaw (Raj) 295 Smt. Kamla Khinchi...
Punjab & Haryana High Court Designates 76 Lawyers As Senior Advocates
In a notable development, the Punjab and Haryana High Court has designated 76 lawyers as Senior Advocates, among those elevated, five are women. 210 advocates had applied for Senior designation in 2024.The notification released by the High Court today (October 20) states that the senior Advocates are being designated subject to the condition that they would conduct 10 'Free Legal Aid' cases pro bono every year. Punjab Advocate General Maninderjit Singh Bedi and Advocate Sanjeev Kaushik were...
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 was no clarity as to what was meant by the expression. “In the peculiar facts and circumstances of this case, the...
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 commercial, fully settled post-offence, and no continuing public interest exists, criminal proceedings may be quashed....
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 Logic and Philosophy. He was appointed on an honorary basis at Barama Higher Secondary School, Barama, by ...
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...