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Video-Recorded Will Upheld, Probate Granted Despite Objections

December 30, 2025 393 Views 0 comment Print

The court relied on a video recording, attesting witness testimony, and medical certification to confirm soundness of mind. Digital evidence was accepted as reliable corroboration of Will execution.

Recourse to adjudication u/s. 73 of GST Act on same objection is unconscionable

December 30, 2025 951 Views 0 comment Print

Orissa High Court held that post grant of refund by Assistant Commissioner, the recourse to adjudicate upon the same objection/content under Section 73 without giving due deference to the quasi judicial Appellate Order is unconscionable. Accordingly, the writ petition is allowed.

Liquidator entitled to forfeit Earnest Money Deposit deposited for participating in auction

December 30, 2025 549 Views 0 comment Print

Karnataka High Court held that in terms of auction memorandum, liquidator appointed under the Insolvency and Bankruptcy Code, 2016, was empowered to forfeit the Earnest Money Deposit [EMD] and Interest free Refundable Participation Deposit Money [PDM] deposited for participating in the auction.

Tax Proceedings Stayed Due to 8–11 Year Delay in Assessment: HP HC

December 29, 2025 648 Views 0 comment Print

The Court stayed tax action after noting an unusually long delay in issuing the assessment notice, holding that further proceedings should remain in abeyance pending clarification from the authorities.

Section 32A of IBC restrict action against property of corporate debtor for offence committed prior to CIRP

December 29, 2025 645 Views 0 comment Print

Madras High Court held that in terms of provisions of section 32A of the Insolvency and Bankruptcy Code 2016 no action shall be taken against the property of the corporate debtor in relation to an offence committed prior to the commencement of the CIRP.

Penalty based on statement recorded u/s. 108 without complying with section 138B cannot be sustained

December 29, 2025 681 Views 0 comment Print

Kerala High Court held that levy of penalty on the basis of statement recorded under section 108 of the Customs Act is not sustainable since provisions of section 138B have not been complied with. Accordingly, the appeals are allowed.

Liquor manufacturer permitted for payment of unsold stock destroyed under prohibition policy

December 29, 2025 384 Views 0 comment Print

Patna High Court allowed the writ and held that liquor manufacturer is permitted to payment for unsold stock which is destroyed on implementation of Bihar Government Prohibition policy effected in 2016. Accordingly, writ petition is allowed.

Government subsidy received under rehabilitation scheme is capital receipt

December 29, 2025 423 Views 0 comment Print

Madras High Court held that grant-in-aid/ subsidy received from the Government under a rehabilitation scheme is capital receipt and cannot be treated as revenue receipt. Accordingly, question of law is answered in favour of appellant.

Writ by personal guarantor not maintained as proceeding u/s. 95 of IBC pending

December 29, 2025 429 Views 0 comment Print

Calcutta High Court held that present writ petition filed by personal guarantor is not maintainable since the proceeding u/s. 95 of the IBC is pending before Adjudicating Authority and petition is filed without taking appropriate steps before appropriate forum.

Cenvat Credit admissible for services received for setting up captive wind mill plant

December 29, 2025 405 Views 0 comment Print

Gujarat High Court held that the services received in respect of setting up the captive wind mill plant are eligible for the Cenvat Credit under rule 2(l) of the Cenvat Credit Rules, 2004. Accordingly, the writ petition is allowed.

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