Official Liquidator Taking Over Third Party Property Under Liquidating Company's Possession Must Pay Rent As Costs Of Winding Proceedings: Karnataka HC

The Karnataka High Court has held that upon the Official Liquidator taking possession of the premises belonging to a third party, which was in possession of the Company in liquidation, the Official Liquidator would be required to make payment of the rentals to such third party land owner as costs of winding proceedings, the landlord being entitled to the rentals immediately as per the...

Supreme Court Adjourns Advocate Mehmood Pracha's Plea Challenging CAT Order Holding Him Guilty Of Contempt

The Supreme Court on Wednesday adjourned the petition filed by Advocate Mehmood Pracha challenging the order of the Central Administrative Tribunal (CAT) holding him guilty of contempt of court.During the hearing today, Pracha, appearing as party-in-person told a Bench comprising of Justices KM Joseph and Hrishikesh Roy that, "The bone of contention is very simple, the Hon. Chairman...

SBI Cannot Escape Tax Implication On Grounds Of Change Of Branch Manager: ITAT Refuses To Condone The Delay In Filing Appeal

The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT)has refused to condone the delay in filing the appeal on the grounds that even during the period of COVID-19, the ITAT was functioning and banking facilities were provided by the State Bank of India (SBI).The two-member bench of George George K. (Judicial Member) and Laxmi Prasad Sahu (Accountant Member) has observed that...

Supreme Court Rejects Maharashtra Govt's Plea To Review Order Transferring Cases Against Parambir Singh To CBI

The Supreme Court, on Wednesday, rejected a petition filed by the Maharashtra Government(while Uddhav Thackeary was the Chief Minister) seeking review of the Apex Court's order transferring the investigation in 5 FIRs against former Mumbai Police Commissioner, Param Bir Singh to the Central Bureau of Investigation.The review petition was filed on May 17, 2022. A Bench comprising...

An Enabling Clause Does Not Constitute A Binding Arbitration Agreement Between The Parties: Bombay High Court

The Bombay High Court has ruled that once the parties have agreed to use the word 'may', the parties have conferred a discretion to enter into an arbitration agreement in the future; and that such an enabling clause does not constitute any binding arbitration agreement between the parties. The Single Bench of Justice G. S. Kulkarni held that the use of the word "may" does not bring...

'Power Of Arrest Must Be Used Sparingly; No Justification To Keep Him In Continued Custody' : SC In Mohammed Zubair Case [Full Courtroom Exchange]

The Supreme Court on Wednesday ordered the release of fact-checker Mohmmed Zubair on interim bail in all the FIRs registered by the UP Police over his tweets.The Court observed that "there is no justification to keep him in continued custody any further and subject him to diverse proceedings when the gravamen of allegations arises from the tweets which form part of investigation by Delhi...

Roaming Services And International Long Distance Services Provided By Vodafone Idea To Foreign Telecom Operators Is An Export Of Service: Bombay High Court

The Bombay High Court has ruled that the international Inbound Roaming Services (IIR) and the International Long Distance (ILD) Services provided by Vodafone Idea to Foreign Telecom Operators (FTOs) is an export of services, and thus, Vodafone Idea is eligible for the refund of the IGST paid by it. The Bench, consisting of Justices K. R. Shriram and Milind N. Jadhav, observed...

IT Rules 2021 : Supreme Court To Hear Centre's Plea To Stay Interim Orders Passed By High Courts On July 27

The Supreme Court, on Wednesday, disposed of the petitions seeking direction to regulate online media and OTT content as infructuous. The transfer petition in the batch seeking directions to regulate intermediates, along with the main Writ Petition before the concerned High Court were also disposed of. Considering that new IT Rules, namely, Information Technology (Intermediary...

Order XXVI CPC | Order Refusing Appointment Of Local Commissioner Not Revisable: Punjab & Haryana High Court

The Punjab and Haryana High Court while dealing with a revision petition for setting aside order passed by the Additional Civil Judge dismissing plaintiff's application for appointment of a Local Commissioner, held that order refusing appointment of Local Commissioner does not decide any issue nor does it adjudicate rights of the parties and hence would not be a revisable order. It...

Failure To File Income Tax Return | Prosecution U/S 276CC IT Act Not Permissible Without Previous Sanction Of Appropriate Authority: Delhi High Court

The Delhi High Court has made it clear that a person cannot be prosecuted for the offence under Section 276-CC (Failure to furnish returns of income) of the Income Tax Act, except with the previous sanction of the Principal Commissioner/appropriate authority.A single judge bench of Justice Asha Menon held,"Since the law provides that without sanction u/s 278B of the IT Act, the Department...

Court While Deciding 'Section 11' Application Seeking Appointment Of Arbitrator Can Consider Whether Dispute Falls Within 'Excepted Clause' : Supreme Court

The Supreme Court held that, at the stage of deciding application for appointment of arbitrator, a Court can consider whether the dispute falls within the excepted clause.The court observed that the question of jurisdiction and non-­arbitrability can be considered by a Court at the stage of deciding an application under Section 11 of Arbitration and Conciliation Act if the facts are very...

Supreme Court Allows OBC Quota In Remaining Local Body Elections In Maharashtra; Directs SEC To Notify Elections In 2 Weeks

The Supreme Court, on Wednesday, allowed OBC reservation in the upcoming local body elections in Maharashtra as per the recommendations of the commission appointed by the State Government.The Court directed the Maharashtra Election Commission (SEC) to notify the election programme with respect to the local bodies wherein it is yet to be notified, within a period of two weeks.In December...