High Courts
Arbitration Proceedings Before Improperly Constituted Arbitral Tribunal Are Non-Est: Delhi High Court
The Delhi High Court Bench of Justice Sachin Datta has held where the appointment procedure is invalid, any proceedings before an improperly constituted arbitral tribunal are non-est. Also, this would not prevent the Court from exercising jurisdiction under Section 11 of the act.Additionally, the court held that whether a particular claim is precluded from arbitration on account of being...
Non-Signatories Bound By Arbitration Agreement If Their Actions Align With Those Of Signatories: Delhi High Court
The Delhi High Court Bench of Justice Jasmeet Singh held that if a non-signatory party actively participates in the performance of a contract, and its actions align with those of the other members of the group, it gives the impression that the non-signatory is a “veritable” party to the contract which contains the arbitration agreement. Based on this impression, the other party may...
Allahabad High Court Grants Interim Relief On Plea Challenging Order U/S 129 UPGST Act Claiming Asst Commissioner Was Not 'Proper Officer'
Recently, the Allahabad High Court has granted interim relief in a writ petition challenging the order under Section 129 of the Uttar Pradesh Goods and Service Tax Act, 2017.Petitioner was transporting Arecanuts, when the shipment was intercepted by the Mobile Squad. Due to alleged reuse of bill and e-way bills, physical verification of the goods was ordered. Though no discrepancies were...
Samsung Opposes Trade Union's Plea In Madras High Court For Registration After Company's Name, Says Union Has Political Affiliations
Samsung India Electronics Pvt Ltd has objected to the registration of the Samsung India Thozhilalar Sangham before the Madras High Court. Justice RN Manjula, on Tuesday, allowed an impleading petition by the company in an ongoing proceeding by the union seeking its registration. The court noted that in the interest of justice, it was appropriate to include Samsung as a party to...
S.245 IT Act | TDS Deducted By Employer Can't Be Adjusted Against Assessee's Future Refund: Delhi High Court
The Delhi High Court recently granted relief to Satwant Singh Sanghera, a pilot formerly employed with the now collapsed Kingfisher Airlines, against tax demand of over Rs 11 lakh.Singh contended that he had duly filed his income tax returns for the Assessment Years in question and the company had deducted TDS from his salary. The same was reflected in Form 16A issued by the company.He...
UAPA | Requirements Of S.43B Met When Remand Requisition Report Containing Grounds Of Arrest Is Served On Accused: Madras High Court
The Madras High Court recently observed that the requirements under Section 43B of the Unlawful Activities (Prevention) Act is met when the remand requisition report, containing the grounds of arrest is served on the accused. As per Section 43B of the UAPA, any officer arresting a person under Section 43A shall, as soon as may be, inform him of the grounds for such arrest.A...
S.10(23G) IT Act | Capital Invested To Purchase Shares Of 'Infrastructure Facility' Before June 1998 Can't Be Included In Total Income: Telangana HC
The Telangana High Court has held that the capital expenditure made prior to June 1998, for purchasing shares in any 'infrastructure facility', cannot be included in an assessee's total income. A division bench of Justices Sujoy Paul and Namavarapu Rajeshwar Rao reasoned, “The capital expenditure for purchasing shares falls under the category of infrastructure facilities and...
Court Under S.9 Of Arbitration Act Can Grant Interim Measure To Protect Property From Being 'Wasted' While Hearing Appeal U/S 37: Delhi High Court
The Delhi High Court Bench of Chief Justice Manmohan and Mr. Justice Tushar Rao Gedela held that the court in the exercise of powers under Section 37 of the Arbitration Act, is not obligated to consider the merits or otherwise of the facts as stated by the litigants. Suffice it to state that the High Court under Section 9 of the Act is empowered to exercise jurisdiction as an interim measure...
Office Memorandum Is a Statutory Instruction, Cannot Supersede Statutory Rules: Delhi High Court Reiterates
A Division Bench of the Delhi High Court comprising Justices C. Hari Shankar and Sudhir Kumar Jain upheld the decision of the Central Administrative Tribunal reaffirming that Office Memorandum could not supersede the Statutory Rules. It observed that the Office Memorandum being a statutory instruction can supplement the Statutory Rules, however, it cannot override or supersede the...
Recognition Of Service Must Be Based On Objective Criteria, Not Extraneous Factors Like Gender: Patna HC
Patna High Court: Justice Anil Kumar Sinha ruled against the gender-based prioritization of a female Peon's service over a male employee who held a sanctioned post at a girls' school. The court found that without statutory backing, employment recognition must be based on objective criteria rather than extraneous factors like gender. Setting aside orders recognizing respondent's service, who...
Bombay High Court Grants Bail To Sachin Waze In Corruption Case Related To Anil Deshmukh
The Bombay High Court on Tuesday granted bail to dismissed controversial cop Sachin Waze, who was arrested in the 'corruption' case related to former Home Minister and senior NCP (SP) leader Anil Deshmukh.A division bench of Justices Mahesh Sonak and Jitendra Jain ordered Waze's release subject to the conditions, that will be imposed on him by the special anti-corruption court in...
'Nanad-Bhabhi' An Interesting Relation Of Our Society: Allahabad HC Quashes Extortion Complaint As Parties Settle Dispute
The Allahabad High Court recently quashed an extortion complaint filed by a woman against her brother's wife (Bhabhi), noting that the parties had come to an agreement and that no dispute remained between them. While doing so, Justice Saurabh Shyam Shamshery's bench also referred to the unique dynamics of the 'Nanad-Bhabhi' relationship in Indian society. The Court remarked that...