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Mere Renting Of Residential Flat Does Not Take Away Buyer's Consumer Rights: Supreme Court
The Supreme Court of India has clarified that the mere act of leasing or renting out a residential flat does not by itself take a homebuyer outside the protection of consumer law. The Court ruled that a buyer can be excluded from the definition of “consumer” only if it is established that the dominant purpose of purchasing the flat was commercial in nature. The ruling arose from a dispute relating to a residential project in Gurugram. A Bench of Justices Prashant Kumar Mishra and N.V....
Supreme Court Refuses To Interfere With Delhi HC Ruling On CST Exemption For Inter-State Sales In Mitsubishi Case
The Supreme Court of India has refused to interfere with a Delhi High Court ruling that allowed a tax exemption claimed by Mitsubishi Corporation India for inter-state sales, rejecting the tax department's argument that the benefit was unavailable because an earlier sale of the goods was already exempt from tax. A bench of Justices J.B. Pardiwala and R. Mahadevan said the case did not warrant interference. “We see no good reason to interfere in the impugned judgment and order passed by the High...
Indirect Tax Monthly Digest: January 2026
SUPREME COURTCustoms Act | Statutory Tariff Headings And HSN Notes Prevail Over Common Parlance In Customs Classification : Supreme CourtCause Title: COMMISSIONER OF CUSTOMS (IMPORT) VERSUS M/S WELKIN FOODSCitation : 2026 LiveLaw (SC) 17The Supreme Court on Tuesday (January 6) observed that the 'Aluminum Shelves' imported for mushroom cultivation cannot be classified as 'parts of agricultural machinery' but are liable to be classified as 'aluminium structures', attracting a customs duty.A bench...
IBC Is Now Being Misused Like Anything": CJI Surya Kant Flags Pre-Planned Auctions and Asset Undervaluation
The Supreme Court recently flagged the issue of IBC provisions being misused by Insolvent Companies to stage pre-planned auctions and sell assets at undervalued rates. The Chief Justice of India, Justice Surya Kant remarked on the gravity of instances where the IBC procedure is being misused, the CJI said :"Unfortunately, the IBC platform is now being misused like anything, you get the company's all assets undervalued, then you indulge in a kind of an auction, which is also a completely...
LiveLawBiz: Business Law Daily Round-Up: February 04, 2026
ARBITRATION Arbitral Tribunals Cannot Grant Equity-Based Relief Unless Authorised By Contract: Bombay High CourtParties Cannot Challenge Arbitration Clause After Accepting Court-Appointed Arbitrator Under Pre-2015 Regime: Supreme CourtMadras High Court Sets Aside ₹7.77-Crore Award Against New India AssuranceBombay High Court Sets Aside ₹1.17-Crore Arbitral Award Enforcing Off-Book Cash ClaimsSARFAESI Involves Enforcement, Not Adjudication; Does Not Bar Arbitration: Bombay High CourtSupreme...
CCI Orders Investigation Into IndiGo Over Alleged Abuse of Dominance After Mass Flight Cancellations
The Competition Commission of India (CCI) on Wednesday ordered an investigation into InterGlobe Aviation Ltd., which operates IndiGo, after forming a prima facie view that the airline may have abused its dominant position by cancelling a large number of flights in early December 2025 and leaving passengers to book tickets at sharply higher fares. The order was passed by a coram comprising Chairperson Ravneet Kaur and Members Anil Agrawal, Sweta Kakkad, and Deepak Anurag. At the threshold, the...
Parties Cannot Challenge Arbitration Clause After Accepting Court-Appointed Arbitrator Under Pre-2015 Regime: Supreme Court
The Supreme Court on Wednesday (February 4) reaffirmed that parties who accept a court order appointing an arbitrator under the pre-2015 arbitration regime cannot later challenge the existence or validity of the arbitration clause while assailing the arbitral award. The ruling was delivered by a bench comprising Justices J.B. Pardiwala and K.V. Viswanathan. Under the law as it stood before the 2015 amendments, the Chief Justice or the designated judge exercising powers under Section 11 was...
Supreme Court Dismisses Law Firm's ₹1.08-Crore Claim Against Insolvency-Bound Realty Company
The Supreme Court of India has recently dismissed an appeal by a law firm seeking to recover more than Rs 1 crore in unpaid legal fees from a realty company undergoing insolvency, declining to interfere with findings that the claim was not backed by the record. The appeal was filed by Juristica Legal Services LLP against Three C Universal Developers Private Limited, which is undergoing a Corporate Insolvency Resolution Process. A Bench of Justices Pamidighantam Sri Narasimha and Alok...
Supreme Court Refuses To Interfere With NCLAT Order Rejecting EPFO Claim Made After Liquidation Commencement
The Supreme Court has recently dismissed an appeal filed by the Employees' Provident Fund Organisation, declining to interfere with a ruling of the National Company Law Appellate Tribunal on the treatment of claims in liquidation. A Bench of Justices Sanjay Kumar and K. Vinod Chandran said it found “no good ground and reason” to interfere with the NCLAT judgment dated September 24, 2024. The dispute arose from the liquidation of Khushi Foods Limited, which began on October 9, 2019. During the...
Supreme Court Stays CESTAT Order Against Prism Johnson In ₹11.25-Crore Service Tax, CENVAT Credit Case
The Supreme Court on Monday, issued notice and granted an interim stay on an order passed by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi against listed building materials company Prism Johnson Limited. The tribunal had upheld a service tax demand of about Rs 11.25 crore and denied CENVAT credit of around Rs 7.70 crore in related excise proceedings. A bench comprising Justice J.B. Pardiwala and Justice Vijay Bishnoi passed the order after hearing senior counsel...
Supreme Court Sets Aside Interim Relief In Arbitration Case Involving Pure Money Claim
The Supreme Court recently set aside a Calcutta High Court order directing escrow of payments arising out of a master service agreement, holding that in the facts of the case, where the dispute involved a pure money claim and there was no risk of irrecoverability, the High Court ought not to have granted interim protection after arbitration had been invoked. A Bench of Justice Manoj Misra and Justice Manmohan held that in such circumstances, the High Court should have deferred to the arbitral...
