Bombay High Court Weekly Round-Up: May 9 To May 15, 2022

Nominal Index The State of Maharashtra Vs Guddu Krish Yadav, 2022 LiveLaw (Bom) 181 Ansari Mohammed Zaki vs The State of Maharashtra 2022 LiveLaw (Bom) 182 Adani Electricity Mumbai Ltd. vs The Chief Conciliator, under Maharashtra Industrial Relations Act, 1946 and Ors., 2022 LiveLaw (Bom) 183 Sandeep Dwellers Private Limited Vs The State of Maharashtra & ors, 2022...

Commission Paid To Persons Who Are Not Beneficial To Business Of Assessee Is Taxable : Orissa High Court

The Orissa High Court has dismissed a challenge against an order of the Income Tax Appellate Tribunal, Cuttack (ITAT) which disallowed commission expenses as claimed by the appellant. It held that the appellant was not able to prove the expertise of persons to help him in business to whom the said commission was paid. Denying the arguments of the appellant, a Division Bench of...

Arbitration Cases Weekly Round-Up: 8th May to 14th May, 2022

Supreme Court High Court Cannot Terminate The Mandate Of Arbitrator In Application Under Section 11(6) Of Arbitration Act : Supreme Court Case Title: Swadesh Kumar Agarwal versus Dinesh Kumar Agarwal Case Citation: 2022 LiveLaw (SC) 454 The Supreme Court has observed that a dispute/controversy on the mandate of the arbitrator being terminated on the ground mentioned in...

Gujarat High Court Weekly Round Up: May 9 To May 15, 2022

NOMINAL INDEX Bajaj Finance Ltd. Through Authorised Officer, Aniket Pareshbhai Desai versus Ld. District Collector, Navsari & 1 other(s) Citation: 2022 LiveLaw (Guj) 154 Vijay Arvind Jariwala Versus Umang Jatin Gandhi Citation: 2022 LiveLaw (Guj) 155 Godrej Agrovet Limited & 1 Other(S) Versus State Of Gujarat & 1 Other(S) 2022 LiveLaw (Guj) 156 Parekh...

Tax Cases Weekly Round-Up: 8 May To 14 May, 2022

Delhi High Court Bail Amount Can Be Paid By Cash Ledger, Debit Ledger Of ITC:Delhi High Court Refuses To Cancel Bail Of A Person Accused of FraudulentlyAvailing ITC Case Title: Amit Gupta Vs Directorate General of GST Intelligence Headquarters Citation: 2022 LiveLaw (Del) 426 The Delhi High Court bench of Justice Mukta Gupta has ruled that the bail amount can be paid by...

Allahabad High Court Weekly Round Up: May 9 To May 15, 2022

NOMINAL INDEX Lavkush v. State of U.P.Thru.Prin.Secy.Home Lko. and connected matters 2022 LiveLaw (AB) 235 Mohammad Azam Khan v. State Of U.P. 2022 LiveLaw (AB) 236 Dr Rajneesh Singh v Union of India and Ors 2022 LiveLaw (AB) 237 Akhilesh v. State of U.P 2022 LiveLaw (AB) 238 Bhagwan Shri Krishna Virajman And Another v. U.P. Sunni Central Waqf Board And 3 Others 2022...

Gujarat High Court Sets Aside Injunction Passed By State Waqf Tribunal On Construction Of Railway Tracks Near Dargah

The Gujarat High Court has held that merely because a Dargah is situated in a railway land and not disturbed or removed because of its devotees and followers, does not mean that the surrounding land of the Dargah becomes the Dargah's property. Observing thus, the Bench comprising Justice Umesh Trivedi set aside an order of the State Waqf Tribunal which granted injunction in favour of...

Calcutta High Court Weekly Round Up: May 9 To May 15, 2022

Nominal Index [Citations 163 To 176] In the matter of Dunlop India Ltd 2022 LiveLaw (Cal) 163Damodar Valley Corporation versus Reliance Infrastructure Ltd 2022 LiveLaw (Cal) 164Bhaskar Banerjee v. Central Bureau of Investigation & Anr 2022 LiveLaw (Cal) 165Indian Jute Mills Association and Anr v. Union of India and Ors 2022 LiveLaw (Cal) 166Sanghamitra Bhattacharya v. Sudeshna Kar &...

Former Orissa High Court Judge Justice Purna Chandra Mishra Passes Away

Former Judge of the Orissa High Court Justice Purna Chandra Mishra passed away on Saturday at his Cuttack CDA residence. Justice Mishra was born on 24th December, 1932. He was enrolled as a pleader on 10th October, 1955 and as an advocate on 16th February, 1959. He predominantly practised at Cuttack from November, 1955. He was appointed as the Standing Counsel for Orissa Board of...

Orissa High Court Dismisses Contempt Petition Instituted By Govt. School Cook Against Former Gajapati Collector D.V. Swamy

The Orissa High Court has recently dismissed a contempt petition filed by a Cook-cum-Attendant of a Government High School, against the former Collector-cum-District Magistrate, Gajapati Mr. D.V. Swamy. While rejecting contentions made by the petitioner, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik held, "Merely because the decision rendered...

Supreme Court Weekly Roundup: May 9 To May 15 2022

Supreme Court Judgements 1. Section 138 NI Act - No Vicarious Liability For Cheque Dishonour Merely Because A Person Was A Partner Or Stood Guarantor For Loan : Supreme Court Case Title : Dilip Hariramani vs Bank of Baroda Citation : 2022 LiveLaw (SC) 457 The Supreme Court bench of Justices Ajay Rastogi and Sanjiv Khanna has held that a person cannot be...

S. 44 IBC NCLT Doesn't Have The Power To Suo-Moto Classify A Transaction As A 'Preferential Transaction': NCLAT

In a recent decision, the National Company Law Appellate Law Tribunal (NCLAT) has held that NCLT does not have the power to suo-moto classify a transaction as a Preferential Transaction in Section 44 of the Insolvency and Bankruptcy Code, 2016. A Division Bench of Justices M. Venugopal [Member Judicial] and Dr. Ashok Kumar Mishra [Member Technical] allowed the appeal challenging the order of...