Court's Jurisdiction U/S 34 Of Arbitration Act Against Award Under MSMED Act Is Determined By Agreement Between Parties: Gujarat HC

The Gujarat High Court bench of Mrs. Chief Justice Sunita Agarwal and Mr.Justice Pranav Trivedi of has held that the jurisdiction of the Court to hear the application under Section 34 of the Arbitration Act' 1996 as to challenge the award passed under Section 18(4) of the MSMED Act' 2006, would be governed by the agreement between the parties which has conferred exclusive jurisdiction...

Designated Authority Under Direct Tax Vivad Se Vishwas Act Cannot Reopen Assessment After Issuance Of Final Certificate: Delhi HC Reiterates

The Delhi High Court has reiterated that a designated authority under the Direct Tax Vivad Se Vishwas Act, 2020 cannot reopen an assessment after a final certificate is issued under Section 5 of the Act and all disputes with regard to the 'tax arrear' stand concluded. Section 5 stipulates a designated authority to determine the amount payable by a declarant under the Act within 15 days...

Children/Third Parties Cannot Appeal Against Maintenance Order Passed Under Parents & Senior Citizens Act: Karnataka High Court

The Karnataka High Court has held that the right of appeal against an order passed by the Assistant Commissioner under Maintenance and Welfare of Parents and Senior Citizens Act, is only available to senior citizens and parents and no such right is extended to children or third parties.A division bench of Chief Justice N V Anjaria and Justice K V Aravind held thus while partly allowing an...

Co-Accused Can Apply Separately For Compounding Of Offences Committed By Company Or HUF Under Income Tax Act: Delhi High Court

The Delhi High Court has held that co-accused are entitled to apply separately for compounding of offences committed by a Company or a Hindu Undivided Family under the Income Tax Act, 1961. A division bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela ruled that the co-accused need not await filing of application for compounding by the company or the HUF. In...

Claim Bill/Voucher Not Akin To Notice Under Carriage By Road Act Which Is A Precondition For Instituting Legal Proceedings: Rajasthan HC

The Jaipur bench of the Rajasthan High Court has ruled that a claim bill (voucher) cannot be equated to a notice required under Section 16 of the Carriage by Road Act, as per which legal proceedings cannot be initiated against a common carrier unless a notice in writing was served on them. The Court was hearing a revision petition filed against an order of a senior civil judge...

Delhi High Court Reserves Verdict On Plea Challenging CAT 2024 Results

The Delhi High Court has reserved verdict on a petition challenging the results of Common Admission Test (CAT) 2024 for admissions in top management institutes.Justice Tara Vitasta Ganju reserved judgment in the plea moved by a candidate, Aditya Kumar Mallick, who is aggrieved with an incorrect answer to Question No. 18 from Verbal Ability and Reading Comprehension Portion, thereby affecting...

Magistrate Must Show Disagreement With Police's Negative Final Report While Taking Cognizance Of Offence On A Protest Plea: Rajasthan HC

While setting aside a decision of the trial court taking cognizance of offences including rioting in a protest plea, the Jodhpur bench of the Rajasthan High Court reiterated that it was settled law that while taking cognizance of offence on a protest petition the Magistrate should demonstrate his "disagreement with the police report".Justice Farjand Ali held that a definite opinion was...

When Investigation Is Substantially Completed By Improper Officer, SCN Issued U/S 74 Of CGST Act Is Liable To Be Set Aside: Karnataka HC

The Karnataka High Court held that when investigation is substantially completed by improper officer, show cause notice issued by proper officer u/s 74 of CGST Act is liable to be set aside. The Bench of Justice M.I. Arun observed that “…..substantial part of the investigation including search and seizure of the materials has been done by respondent no.2 who is not the proper...

Delhi High Court Quarterly Digest: October To December, 2024 [Citations 1081 - 1394]

Citations 2024 LiveLaw (Del) 1081 to 2024 LiveLaw (Del) 1394NOMINAL INDEXJamshed Ansari V. State (GNCT Of Delhi) & Commissioner Of Police, Delhi 2024 LiveLaw (Del) 1081NARENDER MEENA v. CBI 2024 LiveLaw (Del) 1082SUSHMA v. STATE NCT OF DELHI 2024 LiveLaw (Del) 1083Designarch Consultants Pvt Ltd And Anr vs. Jumeirah Beach Resort LLC 2024 LiveLaw (Del) 1084Shobha gupta vs bar council of...

Mumbai Police Shuts Forgery Case Against Actor Shweta Tiwari, Bombay High Court Permits Her To Withdraw Plea To Quash FIR

The Mumbai Police last month informed the Bombay High Court that it has shut the 'forgery' case against TV actor Shweta Tiwari, lodged by her estranged husband Abhinav Kohli in 2021.A division bench of Justices Sarang Kotwal and Dr Neela Gokhale permitted Tiwari to withdraw her writ petition before the High Court, by virtue of which the silver screen actor had sought to quash the...

S.28 Customs Act | Keeping Matter In Call Book, Taking It Up After Several Years Is Not Permissible: Delhi HC Quashes SCN

The Delhi High Court has cautioned the Customs Authorities against keeping show-cause notices pending in call-book only to take them up after several years, leaving the assessee in lurch. A division bench of Justices Prathiba M. Singh and Amit Sharma observed that in the absence of any “glaring impossibility”, such an approach of the authorities would not be permissible. In the...

Gujarat High Court Dismisses PIL Against Mobile Games Alleged To Be Games Of Chance, In View Of Similar Pending Plea In Bombay HC

Observing that an identical PIL is pending before the Bombay High Court raising the same issue, the Gujarat High Court on Friday (January 3) dismissed a plea seeking a restrain on the operation on certain mobile game platforms on the ground that the games in question constitute games of chance and not games of skill.In doing so the court granted the petitioner–Sumit Kapurbhai Prajapati,...