All High Courts
Rajasthan High Court Dismisses Petition Challenging GST Demand On Exhibition Services
The Jaipur Bench of the Rajasthan High Court has dismissed the petition challenging the GST demand on exhibition services.The bench of Justice Pankaj Bhandari and Justice Shubha Mehta did not find any reason to entertain the writ petition as the services received outside India are already taxable at the hands of the receiver of services, who is a registered person in taxable territory,...
Calcutta High Court Restrains WB Police From Taking Coercive Action Against BJP IT Cell Head Amit Malviya Over Allegedly Communal Comments On Saraswati Puja
The Calcutta High Court has temporarily restrained the state police from taking any coercive action against BJP IT Cell Head Amit Malviya who had been implicated in a criminal case for allegedly inciting communal tensions.A single bench of Justice Jay Sengupta took note of the tweet posted by Malviya on 'X' formerly Twitter, which was alleged to have incited communal hatred by making uncalled...
Investment Made From Share Premium Without Any Noticeable Business Activity, Legitimacy Of Income Not Established: Calcutta High Court
The Calcutta High Court has held that the source of investments by those two companies is also the share capital and share premium raised by them while issuing their own shares to other closely held companies, and those companies had no noticeable business activities.The bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya, while upholding the ITAT's order, noted that...
[Arbitration Act] Enforcement Of Foreign Awards Should Not Be Declined On Composition Of Tribunal If Not Raised Before Tribunal Or Seat Court: Delhi High Court
The Delhi High Court bench of Justice Prateek Jalan held that enforcement of foreign awards should not be declined on grounds relating to the composition of the tribunal, which could have been raised before the Tribunal and before the seat Court, but were not so raised. It held that the judgment debtor did not object, even at the stage of appointment, on this ground. The bench...
Justice Can't Be Bogged Down, Process For Conferring Senior Designation Needs A Relook: Telangana HC As Senior Advocate Addresses It In 'High Pitch'
The Telangana High Court has yet again drawn negative inference against a lawyer for addressing in a 'high pitched' voice that seemed to be aimed at deterring the Court. Justice T. Vinod Kumar has previously warned advocates against behaving in a manner that obstructs administration of justice and strains relations between the Bar and the Bench. Referring to his previous judgement,...
Karnataka High Court Declines Insurance Company's Plea Alleging Claimant Committed Fraud In Connivance With Insured Lawyer To Secure Compensation
The Karnataka High Court has dismissed an appeal filed by an insurance company challenging an order passed by the Motor Accidents Claim Tribunal claiming that fraud was played by the claimant for the sake of compensation by claiming that advocate Rajappa K S, riding the motorcycle, had knocked her down causing injuries. A Single Bench of Justice T G Shivashakare Gowda said the...
ECI Informs Delhi High Court About Norms On Recording And Preservation Of CCTV Footage, Videography During Polls
The Election Commission of India (ECI) has told the Delhi High Court that the constitutional body has ensured free and transparent elections by adopting numerous safeguards and security measures for the usage of Electronic Voting Machines (EVMs) in the electoral process. The ECI has made the submission while opposing a plea moved by lawyer Mehmood Pracha, who contested the ongoing Lok...
Cooperative Bank Employees Not Covered Under Definition Of “Public Servant” As Per Section 21 Of IPC In Context Of Election Duties: Calcutta High Court
A single bench of the Calcutta High Court comprising of Justice Sabyasachi Bhattacharyya, while deciding Writ Petitions in the case of Malda District Central Cooperative Bank Employees Association and others vs. The Election Commission of India and others, held that Cooperative bank employees cannot be considered as “public servants” under Section 21 of the IPC when it comes...
Seat Of Arbitration To Be Determined On Basis Of Connection With Arbitration Proceedings, Not With Cause Of Action: Delhi High Court
The Delhi High Court single bench of Justice Prateek Jalan held that the seat of the arbitration proceedings is to be determined on the basis of connection with the arbitral proceedings, and not with the cause of action for the underlying disputes. Brief Facts: The matter pertained to a dispute between the Respondent, registered as a medium enterprise under the MSME Act and...
Bombay HC Sets Aside Penalty On Tata Chemicals For Substandard Iodized Salt, Directs FSSAI To Ensure Procedural Compliance Of Sample Analysis
The Nagpur Bench of Bombay High recently set aside a penalty of Rs. 2 Lakhs imposed on Tata Chemicals and other companies for manufacturing and selling substandard iodized salt.Justice Anil L Pansare observed that the authorities did not follow the mandatory time limit for lab analysis of samples.“In the present case, the RFL has apparently not followed the time limit stipulated in the Rules...
Delhi High Court Rules In Favour Of Karim's In Trademark Lawsuit Against Karin's
The Delhi High Court has recently ruled in favour of Karim Hotels in its trademark infringement suit against a restaurant operated under the name Karin's. Justice Sanjeev Narula decreed the suit in favour of Karim Hotels Private Limited and Karim's Mughlai Foods, which was accorded a license by the former authorising it to use “KARIM'S” trademark for commercial exploitation in relation...
Court not Mechanically Send Dispute To Arbitral Tribunal, Must Consider Fundamental Issues u/s 11(6A): Delhi High Court
The Delhi High Court single bench of Justice Dinesh Kumar Sharma held that the Court is not required to behave in a mechanical manner to send a party's dispute to the arbitral tribunal and must consider the fundamental issues, within the parameters outlined in Section 11(6-A) of the Arbitration and Conciliation Act, 1996. The bench held that: “Since it is a well-settled law that...