In litigation practice, the authority of an advocate to act is often taken for granted, with vakalatnamas and authority letters treated as routine paperwork. Yet beneath this apparent formality lies a dense body of law that determines the very legitimacy of representation. Questions of who may sign, how consent is proved, and whether a scanned signature suffices are not clerical details: they cut to the root of agency, evidence, and procedure.| Metalegal Advocates
The Delhi High Court in HCL Infosystems Ltd. v. Commissioner of State Tax reaffirmed that GST proceedings against a company dissolved due to amalgamation are void ab initio. The Court held that such actions are not curable under section 160 of the CGST Act, nor authorised by section 87. This judgment aligns with the Supreme Court’s ruling in Maruti Suzuki, reinforcing the principle that legal proceedings cannot be pursued against non-existent entities.| Metalegal Advocates
In M/s Silverline v. State of Bihar, the Patna High Court held that GST appellate authorities must adjudicate appeals on their merits, even in cases of procedural lapses or absence of supporting documents. The Court ruled that dismissal for non-prosecution without a merit-based inquiry violates statutory duty under s. 107 of the Bihar GST Act reinforces the importance of reasoned, fair, and substantive appellate decisions.| Metalegal Advocates
The Supreme Court, in Shivappa Reddy v. S. Srinivasan, has reaffirmed that partners retiring from a firm must strictly comply with statutory requirements under the Partnership Act to escape liability under the Negotiable Instruments Act. The Court set aside a High Court order quashing proceedings and emphasised that non-compliance with Section 72 obligations leaves retired partners exposed to criminal liability for dishonoured cheques.| Metalegal Advocates
In P. Nallammal v. State, the Supreme Court delivered a split verdict on whether a public servant’s spouse can be convicted for abetting the accumulation of disproportionate assets. While both judges upheld asset attachment and procedural findings, they diverged sharply on the standards required to prove abetment under Section 109 IPC read with the Prevention of Corruption Act, 1988.| Metalegal Advocates
The Bombay High Court, in a decisive ruling, upheld the allowability of business expenditure incurred by Mahindra & Mahindra Ltd. in supporting its distressed subsidiary. The Court reaffirmed that commercial expediency justifies such deductions under Sections 28 and 37 of the Income-tax Act, 1961. It also clarified that the Assessing Officer has limited jurisdiction under Section 115J, reinforcing the sanctity of audited financials prepared under the Companies Act.| Metalegal Advocates
In a significant ruling, the Bombay High Court quashed the provisional attachment of a bank account under the MGST Act, citing procedural lapses and absence of a reasoned order. The Court reiterated that such coercive powers must be exercised judiciously, based on tangible material, and not on presumptions. This decision reinforces judicial scrutiny of arbitrary use of powers under Section 83 of the GST regime.| Metalegal Advocates
India’s evolving crypto regulations require startups to navigate a complex matrix of tax law, AML norms, data privacy obligations, and consumer protection rules. This insight distils the key legal imperatives—FIU-IND registration, 30% taxation, CERT-In incident reporting, and DPDP compliance—into a strategic roadmap for Web3 founders building in India's regulated VDA ecosystem.| Metalegal Advocates
The Delhi High Court has reaffirmed that interim maintenance under Section 125 CrPC cannot be denied based on notional income or presumed earning capacity. Recognising the economic burden on custodial parents, the Court stressed actual income disclosures and caregiving roles, remanding the matter for a fresh assessment of financial documents.| Metalegal Advocates
The Supreme Court, in Tata Steel Ltd. v. Raj Kumar Banerjee, reinforced the rigid limitation regime under the IBC by holding that appeals to the NCLAT must be filed within the prescribed 30-day window, with only a 15-day grace period allowed. The judgment underscores that even non-parties are bound by the statutory timeline, and tribunals cannot condone delays beyond this 45-day limit, ensuring procedural certainty and speed in insolvency proceedings.| Metalegal Advocates
In a landmark judgment, the Supreme Court affirmed that accused persons under the PMLA are entitled to access all documents seized or filed with the prosecution, regardless of reliance by the ED. The Court ruled this disclosure is essential to uphold Article 21 and harmonised CrPC procedures with PMLA's special framework, reinforcing procedural fairness even in economic offences involving reverse burden clauses.| Metalegal Advocates
Does every procedural lapse under the Income-tax Act deserve a penalty? Not quite. In a notable judgment, the Chhattisgarh High Court held that Section 273B offers a crucial safeguard—reasonable cause can shield genuine transactions from automatic penalty under Section 271E. The Court set aside a penalty where the cash repayment of a loan was made under the financier’s insistence, affirming that law must balance compliance with fairness.| Metalegal Advocates
The RBI has released the Draft Co-Lending Arrangements Directions, 2025, proposing a unified, market-enabling framework for regulated entities. The draft aims to streamline risk-sharing, pricing, and borrower protections across digital and traditional lending partnerships while replacing fragmented earlier guidelines. This explainer highlights key provisions, compliance expectations, and systemic implications.| Metalegal Advocates
The RBI has issued draft directions to regulate Non-Fund Based Credit Facilities such as guarantees, letters of credit, and partial credit enhancements. This write-up provides a detailed overview of the framework, its applicability to banks and NBFCs, the proposed exposure caps, and disclosure requirements, while highlighting the shift towards electronic guarantees and risk-based credit appraisals.| Metalegal Advocates
The RBI has released its draft 2025 Directions on lending against gold collateral, proposing a unified, principle-based framework for all regulated entities. These Directions aim to streamline prudential norms, standardise conduct practices, and strengthen consumer protection, while ensuring fair treatment and systemic stability in gold-backed credit markets.| Metalegal Advocates
the US Supreme Court has overruled the four-decade-old Chevron doctrine, reasserting that courts—not agencies—hold the ultimate authority to interpret ambiguous statutes. This decision reshapes administrative law, restoring judicial independence under Article III of the US Constitution and carrying persuasive relevance for jurisdictions like India that value a strict separation of powers.| Metalegal Advocates
The ITAT Nagpur Bench has held that Section 56(2)(vii)(b) of the Income-tax Act, 1961 cannot be retrospectively applied to property transactions based on agreements executed prior to its commencement. In allowing the assessee’s appeal, the Tribunal reaffirmed that taxing provisions must apply prospectively unless explicitly stated otherwise, protecting pre-amendment transactions from adverse retrospective tax consequences.| Metalegal Advocates
SEBI’s 2025 amendments to the LODR Regulations introduce a new governance framework for High-Value Debt Listed Entities (HVDLEs) with ₹1,000 crore+ in listed NCDs. These norms align debt entities with equity governance standards, mandating board independence, committee oversight, and compliance timelines. This post unpacks key obligations, implications, and what debt-heavy issuers must do to remain compliant.| Metalegal Advocates
The Supreme Court’s latest ruling in Piramal Capital v. 63 Moons offers critical jurisprudential clarity under the IBC. It distinguishes PUFE transactions from fraudulent trading, affirms the finality of CoC-approved resolution plans, and decisively holds that superseded directors have no participatory rights in CIRP. This judgment reaffirms the limited scope of judicial intervention and strengthens the commercial sanctity of insolvency resolution processes.| Metalegal Advocates
This judgment by the Calcutta High Court settles a critical question under FEMA: can compounding be sought after an adjudication order is passed? The Court held that compounding is a pre-adjudication remedy and rejected the petitioner’s attempt to revive the option post-penalty. The decision reinforces the procedural integrity of FEMA and clarifies that contraveners must elect remedies in a time-bound and disciplined manner.| Metalegal Advocates
Metalegal Advocates, a startup law firm in Delhi, specializes in economic offences, tax, and commercial laws. Among top tax law firms, we offer expert litigation & advisory services.| Metalegal Advocates
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