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Prohibition Under Arbitration Clause To Refer A Dispute Equivalent To Non-Existence Of Arbitration Agreement: Andhra Pradesh High Court
The Andhra Pradesh High Court dismissed an application seeking appointment of Arbitrator as the Arbitration Agreement had a clear prohibition that the no disputes shall be referred to arbitration if the insurance company rejected the claim of liability. In the present case, the insurance company had rejected the entire claim. The Arbitration Clause set out in the Insurance Policy was...
Seafarer's Recruitment Service Provider Is Not An intermediary: CESTAT Allows CENVAT Credit Refund
The Mumbai bench of the Customs, Excise and Appellate Tribunal (CESTAT) consisting of Dr. Suvendu Kumar Pati (Judicial Member) has held that a seafarer's recruitment service provider, who processes the entire selection, medical test, insurance, transportation, training, etc. to the overseas client and receives convertible foreign exchange, is not an intermediary. The appellant/assessee...
Summary Of Supreme Court's PMLA Judgement- Vijay Madanlal Choudhary Vs Union of India
The Supreme Court, on Wednesday, upheld the provisions of the Prevention of Money Laundering Act, 2002 which relate to the power of arrest, attachment and search and seizure conferred on the Enforcement Directorate.Read the Summary of 545 Pages Judgement in Vijay Madanlal Choudhary Vs Union of India here;(i) The question as to whether some of the amendments to the Prevention of...
Plea In Kerala High Court Seeks To Disqualify Saji Cherian From MLA Post Over His Remarks On The Constitution
A petition has been moved in the Kerala High Court seeking a direction to declare that CPI(M) legislator and former minister Saji Cherian is not entitled to hold the office of MLA after his remarks allegedly insulting the Constitution sparked a controversy across the State.When the matter was taken up on Tuesday, a Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly took...
ACB Blissfully Ignored 'ABC' Of Procedure: Karnataka High Court Quashes Corruption FIR
The Karnataka High Court has held that in a case where a public servant is charged with offences punishable under Section 13 of the Prevention of Corruption Act on allegation of amassing wealth disproportionate to the known sources of income, every ingredient that is required to be assessed in the source report must be present. In the instant case, Justice M Nagaprasanna noted that...
ITAT Holds Revisionary Order Passed Without Mentioning DIN As Invalid
The Kolkata Bench of the ITAT has quashed the revisionary order passed by the Income Tax Authority without quoting the Document Identification No. (DIN) in the said order, as required by the CBDT Circular No.19/2019, dated 14.08.2019. The Bench, consisting of Mr. Sanjay Garg (Judicial Member) and Mr. Girish Agrawal (Accountant Member), held that since the order passed by the...
Bombay High Court Issues Notice On PIL Challenging Definition Of FSI In Development Control & Promotion Regulation
The Bombay High Court has issued notice to Maharashtra's Urban Development Department in a PIL seeking a change in the definition of Floor Space Index (FSI) in the Development Control and Promotion Regulation (DCPR) 2034. "There has been unabated and reckless construction leading to a complete collapse of town planning Regulations due to the conflict of definitions of FSI in...
Medical Evidence Has Evidentiary Value In Murder Cases, Can't Be Used To Fix Guilt In Case Of Suicide: Tripura High Court
The Tripura High Court has observed that medical evidence has its evidentiary value in the case of murder. It thus set aside the conviction of a husband under Section 306 IPC, among other charges, following death of his wife due to burn injuries. It observed that the case relates to "suicide" and hence medical evidence cannot fix the guilt. The observation was given by a division bench...
'Policy Decision': J&K&L High Court Closes PIL Seeking Islamic Banking Window
The Jammu & Kashmir High Court has refused to entertain a Public Interest Litigation (PIL) seeking introduction of Islamic Banking (Shariah Compliant windows) in all branches of J&K Bank.A division bench comprising Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani observed that it cannot enter into the realm of policy decision of the Government.The PIL filed by an...
Approach Of Believing That No Action Can Be Taken Against Wrongdoings Of Govt Servants Needs To Stop: Bombay High Court
The Bombay High Court has dismissed a government bus conductor's appeal against dismissal of service stating, "The approach in this country of believing that when one works for government no action can ever be taken no matter how persistently one is found to be doing wrong is an approach that needs to now stop as fast as possible." A division bench of Justices G.S. Patel and Gauri...
BREAKING| Supreme Court Upholds ED's Power Of Arrest, Attachment, Search & Seizure And "Twin-Conditions" For Bail; Says PMLA Has Stringent Safeguards
The Supreme Court, on Wednesday, upheld the provisions of Prevention of Money Laundering Act, 2002 which relate to the power of arrest, attachment and search and seizure conferred on the Enforcement Directorate.The Court upheld the constitutionality of the provisions of Sections 5, 8(4), 15, 17 and 19 of the PMLA, which relate to the powers of ED's power of arrest, attachment, search...