Gujarat High Court
LEGAL SUBJECT
Commercial and Corporate Law
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLES
Kerala High Court
Discount on shares allotted under ESOP constitutes deductible revenue expenditure under Section 37(1).
M/s. Geojit Financial Services Ltd., a company incorporated under the Companies Act, allotted shares to its employees under an Employees Stock Option Plan (ESOP).3 MIN READ↗
NCLAT
The CoC may replace an RP through commercial wisdom, subject to statutory compliance.
Maylari Agro Products Ltd. was admitted into CIRP on 8 March 2021 under Section 9 of the Insolvency and Bankruptcy Code, 2016 (“IBC”), and Mr. S. Viswanathan was appointed as the Interim Resolution Professional (“IRP”).3 MIN READ↗
Delhi High Court
Judgment on clear admissions under Order XII Rule 6 remains available at any stage.
The respondents/plaintiffs had leased the basement and ground floor of property no. 1/113, Block-1, Ware Housing Scheme, Village Basai Darapur, Kirti Nagar, New Delhi, to the appellant-company for commercial purposes...4 MIN READ↗
APTEL
O&M treatment must follow precedent recognizing mandated network augmentation charges as uncontrollable.
Torrent Power Limited, a distribution licensee in Gujarat, challenged the Gujarat Electricity Regulatory Commission’s Tariff Order dated 4 April 2018 concerning the true-up for FY 2016–17 and determination of tariff f...2 MIN READ↗
Gujarat High Court
Section 26 bars cognizance of Securities Contracts Act offences on a police report.
The applicants invoked Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR C.R. No. II-401 of 2014 registered at City ‘B’ Division Police Station, Jamnagar, for alleged offences under Sections...3 MIN READ↗
Bombay High Court
Unregistered partnership firms can claim statutory tenancy rights under Bombay Rent Act, rules Bombay High Court
The Applicant, All India Travel Services, entered into a leave-and-licence agreement with the original tenant, S. T. Upadhayay, on 30 May 1966 and occupied the suit premises as a licensee.3 MIN READ↗
Karnataka High Court
Prior ex parte Section 12A dispensation does not preclude independent scrutiny of genuine urgency under Order VII Rule 11(d).
Respondent No. 1 instituted a commercial suit for recovery of ₹5,18,10,670 along with interest at 18% per annum and consequential reliefs.3 MIN READ↗
Delhi High Court
Courts should grant one final opportunity to lead evidence where justice so requires.
The petitioner/plaintiff challenged the order dated 2 September 2026 of the Commercial Court, Tis Hazari Courts, whereby its right to lead evidence in CS (COMM) No. 982 of 2025 was closed.3 MIN READ↗
NCLAT
Liquidators may obtain eviction of unauthorized occupants from liquidation-estate property through NCLT proceedings.
The appeals arose from a common order dated 11 June 2026 passed by the NCLT, Chandigarh in IA Nos. 1975 and 1991 of 2023 in CP (IB) No. 66/CHD/PB/2019.4 MIN READ↗
NCLAT
Pending resolution professional replacement proceedings do not warrant adjourning long-pending resolution plan approval.
The Appellant, a member of the suspended Board of Directors of Nimitaya Hotel & Resorts Ltd. (“Corporate Debtor”), challenged the NCLT’s order dated 14 August 2026.4 MIN READ↗
NCLAT
Section 65 allegations cannot be raised for the first time in appeal without foundational material.
Axis Trustee Services Limited, acting as debenture trustee, filed a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) against Talent Unlimited Online Services Private Limited (“Corporate Deb...4 MIN READ↗
Bombay High Court
Once MSEFC statutory arbitration commences, courts cannot appoint a parallel contractual arbitrator under Section 11.
The Applicant and Respondent executed a Purchase Agreement dated 11 December 2022 containing an arbitration clause under Clause 6.9, providing for arbitration and stipulating Mumbai as the venue/seat, with Mumbai cour...4 MIN READ↗
Delhi High Court
A partition plaint cannot be amended to include shares whose transfer legality is pending before the NCLT.
The petitioner and respondents were members of the Dhawan family. Late Sh. K.C. Dhawan, the parties’ father, owned approximately 85% of the shares in Dhawan Electricals Pvt. Ltd. He died intestate on 17 June 2010. The...4 MIN READ↗
NCLAT
Once a higher bid surpasses JFC’s offer, the deposited amount must be refunded forthwith.
The Applicant-Liquidator sought clarification of paragraph 56(iv) of the NCLAT’s earlier judgment dated 29 May 2026, which directed that the deposit of ₹54 crore made by JFC Finance (India) Limited (“JFC”) be returned...3 MIN READ↗
Bombay High Court
Consortium members must independently demonstrate experience for their respective allocated tender activities.
ONGC issued a tender for hiring a Mobile Offshore Production Unit (MOPU) for the R-Series Offshore Oil and Gas Fields.4 MIN READ↗
Gujarat High Court
Preliminary police inquiry into an alleged commercial offence may continue before FIR registration.
Respondent No. 5 lodged a complaint before the Economic Offences Wing, Crime Branch, Ahmedabad, alleging that after receiving goods, the applicants made payment against some bills but failed to pay approximately ₹5,68...3 MIN READ↗
Karnataka High Court
Under Section 6, a company must be arraigned before prosecuting its responsible officers.
M/s. Le Meridian, Bengaluru, owned by M/s. Mac Charles (I) Ltd., had erected a hoarding on its premises. The BBMP issued demand notices concerning hoarding and billboard taxes and directed removal of the hoarding.4 MIN READ↗
NCLAT
Appeal against interim status quo order is premature without first seeking its vacation before the Tribunal.
Inlays India Private Limited (“Appellant”) challenged the order dated 4 February 2026 passed by the NCLT, Mumbai Bench, in CP/197(MB)/2025, by which the parties were directed to maintain status quo in proceedings conc...3 MIN READ↗
NCLAT
Restoration costs under Rule 87A(4)(c) must be proportionate to costs actually occasioned by the proceedings.
Ganton Projects Private Limited, originally incorporated as Ganton Aviation Private Limited on 7 September 2011, was subsequently renamed. Its name was struck off the Register of Companies on 7 June 2017 for persisten...3 MIN READ↗
Delhi High Court
Admission of a document does not concede the truth of its contents; clarification is permissible.
Defendant No. 1 filed an application under Section 151 read with Order VI Rule 17 CPC seeking permission to file an amended affidavit of admission/denial of documents, or clarification of its affidavit dated 17 Octobe...3 MIN READ↗
Delhi High Court
Court fee is refundable where a suit is dismissed solely for Section 12A non-compliance without merits adjudication.
The plaintiff had instituted a commercial suit seeking specific performance of two Space Buyer Agreements dated 18 July 2017 and 16 August 2017 against Defendant No. 1.3 MIN READ↗
NCLAT
Appeals by personal guarantors were dismissed after the CoC rejected their revised joint repayment plan.
The five appeals were filed by personal guarantors of the corporate debtor against proceedings involving the Resolution Professional and financial creditors.2 MIN READ↗
Chhattisgarh High Court
Authorities must prepare the voter list and complete the cooperative society election within 60 days.
The petitioner sought a writ of mandamus directing the respondent authorities to resume and complete the election process of the Balodabazar Vikas Khand Sahakari Vipanan (Marketing) Sanstha Maryadit, Balodabazar.2 MIN READ↗
Delhi High Court
A litigant’s prolonged inaction cannot constitute sufficient cause merely because of counsel’s negligence.
The Respondent instituted CS(COMM) No. 260/2020 against the Appellant for injunction and allied reliefs concerning the Appellant’s use of the trademark “T-MAX”.4 MIN READ↗
Delhi High Court
Pleading amendments cannot resile from categorical denials or introduce mutually destructive defences.
The respondent supplied Kota stone, granite and sandstone to the petitioner and instituted a commercial suit for recovery of ₹17,42,216 with interest, alleging non-payment.3 MIN READ↗
Karnataka High Court
Registrar cannot insist on an outgoing partner’s signature to record constitution changes under Section 63.
The petitioner, a registered partnership firm engaged in mining, was reconstituted under a deed dated 26 November 2025. Mr. Y. Harish, Ms. Jyothi and Ms. Ria continued as partners, while Mr. Y. Satish ceased to be a p...3 MIN READ↗
NCLAT
NCLAT upholds Swiss Challenge bidding to resolve deadlock in a family-run company after breakdown of trust
Cheers Interactive (India) Private Limited was a closely held family company operating in the market-research/KPO sector and was treated by both sides as a quasi-partnership.5 MIN READ↗
Delhi High Court
CA valuation reports remained valid for Section 56(2)(viib) assessments for AY 2018–19.
The Revenue challenged the orders of the Commissioner of Income Tax (Appeals) and the Income Tax Appellate Tribunal concerning the respondent-assessee’s assessment for Assessment Year 2018–19.3 MIN READ↗
NCLAT
NCLAT holds suspended directors liable after ₹17.23-crore hypothecated machinery was replaced with lower-value machines
The Corporate Debtor obtained loans of ₹8 crore from Tata Capital Financial Services Ltd. and ₹4 crore from Hero Fincorp Ltd. for purchasing two six-colour C.I. Flexographic Press Machines.4 MIN READ↗No articles match these filters.