Invocation Of Section 9 & Section 11 Of Arbitration Act Does Not Constitute Parallel Proceedings: Bombay High Court

The Bombay High Court single bench of Justice Somasekhar Sundaresan held that the mere invocation of Section 9 and Section 11 of the Arbitration and Conciliation Act, 1996 does not amount to parallel proceedings. Further, the High Court noted that Section 9 is intended to provide interim relief to safeguard the subject matter of arbitration. On the other hand, Section 11 is limited to...

Punjab Advocate General Gurminder Singh Resigns

Senior Advocate Gurminder Singh submitted his resignation from the post of Punjab's Advocate General (AG), after serving for 18 months, to the Chief Minister Bhagwant Singh MannIn the letter dated March 30, he wrote “As I intend to resume my private practice, I am not inclined to continue on the post.”He is the fourth AG to resign from post in Punjab in three years of the Aam Aadmi...

Relationship Between Searched And Non-Searched Entity Not Mandatory For Invocation Of Proceedings U/S 153C Income Tax Act: Delhi High Court

The Delhi High Court has held that the statutory scheme of Sections 153A and 153C of the Income Tax Act, 1961 does not envisage the discovery of a connection or interrelationship between the searched and the non-searched entity.Section 153A deals with the procedure for assessment which may be set in motion in respect of an entity searched under Section 132 of the Act. Upon such a search...

Calcutta HC Raps PWD, SAI For 'Passing The Buck', Says Tender Issuing Authority Has Primary Responsibility To Clear Contractor's Dues

The Calcutta High Court has made it clear that when work completion certificate is issued in favour of a contractor, the tender issuing authority cannot withhold his payment citing delay by the body, which actually required the work to be done, in releasing payment for onward transmission to the contractor.While dealing with a case whereby synthetic athletic track was relayed at the...

Court's Attitude In Posting Matter To A Long Date Defeats Purpose Of Urgent Notice Under O.39 R.1 CPC: Andhra Pradesh HC

The Andhra Pradesh High Court has observed that the purpose of issuing urgent notice under Order 39 Rule 1 CPC, even if the court does not grant a temporary injunction, is to address situations requiring immediate action and in such cases the attitude of the Courts in posting the matter to a longer date defeats the purpose of the provision. Justice K. Manmadha Rao observed that such...

“Completely Unacceptable”: Delhi High Court Pulls Up Customs For Prolonged Detention Of Export Goods Despite Dept's Circular

The Delhi High Court has criticised the Customs Department for acting against its own Circular for expeditious clearance of goods, by detaining the export goods of a trader for over two months.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed, “This position is completely unacceptable to the Court…consignment cannot be held up in this manner…expedited...

Delhi High Court Slams CBIC For Cryptic Order Denying Duty Drawbacks To Vedanta Despite Its Own Instructions Allowing Retrospective Benefit

The Delhi High Court has asked the Central Board of Indirect Taxes and Customs to pass a “reasoned order” on Indian multinational mining company- Vedanata's plea claiming duty drawbacks on clean energy cess, paid between the year 2010-17.The plea was rejected by CBIC through a “cryptic order” citing limitation despite its own Instruction clearing air on eligibility of drawbacks on...

Non-Payment Of Service Tax By Sub-Contractor Due To Uncertainity Not Wilful Misstatement Or Fraud: Delhi HC Upholds CESTAT Order

The Delhi High Court has upheld an order of the Customs Excise and Service Tax Appellate Tribunal interdicting the GST Department from invoking extended period of limitation for recovery action against a sub-contractor who did not pay service tax amid confusion as to his liability to pay the same.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta upheld the CESTAT order...

Writ Petition Is Not An Appropriate Remedy To Seek Enforcement Of Arbitral Award: Delhi High Court

The Delhi High Court bench of Justice Jyoti Singh held that when a statutory forum is created by law for redressal of grievances, a writ petition should not be entertained ignoring the statutory dispensation. The court found merit in the preliminary objection of the Railways that a writ is not the appropriate remedy for the petitioner to seek enforcement of the...

Whether Rights In Favor Of Third Party Are Created In Property Which Is Subject Matter Of Arbitration Cannot Be Decided Under Writ Jurisdiction: Karnataka HC

The Karnataka High Court bench of Mr Justice Krishna S Dixit and Mr Justice Ramachandra D. Huddar has held that whether rights in favor of a third party based on sale deeds have been created in the property, which is the subject matter of arbitration, cannot be decided by the court under writ jurisdiction. Brief Facts: The petitioner is the third party purchaser of the plots in...

'Can't Step Into Evaluator's Shoes, Assessment Is Subjective': Gujarat HC Rejects Plea For Re-Evaluation In District Judge Promotion Process

The Gujarat High Court has observed that assessment of judicial officers' decisions for the purpose of promotion is a subjective exercise and it would be impossible to maintain uniformity in such assessments, adding that questioning the same would dent the sanctity of the recruitment process. It further observed that if the officer's annual confidential reports (ACR) are relied on to question...

Giving Speeches Creating Legal Awareness, Training People How To Respond To Police Enquiries Not 'Anti-National' Activity: Bombay High Court

Merely giving speeches about legal awareness and making the members aware about their rights and how to respond when the police comes for an enquiry is not an 'anti-national' activity, the Bombay High Court held on Friday while ordering release of a member of the Popular Front of India (PFI).A division bench of Justices Sarang Kotwal and Shriram Modak granted bail to Shaikh Sadique Isaq...