Time To Re-Look At S.27 Of Indian Contract Act To Protect 'Trade Secrets': Calcutta High Court

The Calcutta High Court has recently upheld an injunction order passed against former employees of a law firm restraining them from divulging confidential information and trade secrets gathered during the course of their employment. The Court further opined that sharing of such information and communication would not only be unethical but would also constitute a breach of the...

'A Virtual Gag Order': Army Veterans Move Bombay High Court Against Govt Sanction For Publication By Retired Personnel

The Bombay High Court on Tuesday sought replies from the Ministry of Home Affairs and Ministry of Defence in a petition filed by two war veterans against a notification imposing certain restrictions on the publication of writings by ex-security and intelligence officers without prior government approval. The petitioners call the notification "a virtual gag order" and retrogressive...

Benefit Of MEIS Scheme Can't Be Availed If Not Opted In Shipping Bill At The Time Of Export: Madhya Pradesh High Court

The Madhya Pradesh High Court bench of Justice Vivek Rusia and Justice Amarnath Kesharwani has held that the benefit of the Merchandise Exports From India Scheme (MEIS) cannot be availed if it is not opted for in the shipping bill at the time of export. The petitioner/assessee, a private limited company, is in the business of manufacturing automobile parts. The petitioner has...

Court Lacking Jurisdiction To Appoint An Arbitrator, Cannot Do So Based No Objection By The Opposite Party: Bombay High Court

The Bombay High Court has ruled that a Court cannot appoint an Arbitrator when the only proceeding before it is an application for grant of interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act), solely on the ground that the opposite party has not objected to the appointment of an Arbitrator. The Single Bench of Justice Manish Pitale held that...

Application For Extension Of Time For Passing The Award Lies Only Before The High Court Which Appointed The Arbitrator: Allahabad High Court

The Allahabad High Court has held that the Court for the purpose of an application under S. 29A of the A&C Act would only be the High Court that appointed the arbitrator. The Single Bench of Justice Rohit Ranjan Agarwal held that the Principal Civil Court does not have the jurisdiction to entertain an application for an extension of time. The Court held that Sub-section 6 of...

Interest Free Security Deposits Are Not Exigible To Service Tax: CESTAT Ahmedabad

The Ahmedabad Bench of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) has ruled that interest free refundable security deposits are not exigible to service tax since they are not collected in consideration for providing a service. The Bench, consisting of members Ramesh Nair (Judicial Member) and Raju (Technical Member), held that there is no provision in the Service...

ITC Can Be Availed on IGST Paid Both On Imports Intra & Inter-State Sales: AAR

The Telangana Authority of Advance Ruling (AAR) consisting of members B. Raghu Kiran and S.V. Kasi Visweswara Rao has ruled that IGST paid on imports is eligible to be availed as an Input Tax Credit (ITC) both on intra-state and inter-state sales. The applicant, M/s. Euroflex Transmissions (India) Private Limited, wishes to supply imported goods directly from the port of...

Actor Assault Case| Kerala High Grants One More Month For Prosecution To Wind Up Further Investigation

The Kerala High Court on Tuesday granted one more month's time to the prosecution to conclude the further investigation in the 2017 sexual assault case.Justice Kauser Edappagath granted this extension after noting that the pendrive submitted by the prosecution earlier this month contained two folders containing three voice clips each which were apparently collected by the investigating...

Gift Of Ancestral Property Of HUF Can Be For 'Pious Purpose' Only ; It Cannot Be 'Out Of Love & Affection': Supreme Court

The Supreme Court observed that a Hindu father or any other managing member of a Hindu undivided Family has power to make a gift of ancestral property only for a 'pious purpose'.The bench comprising Justices S. Abdul Nazeer and Krishna Murari observed that the deed of gift in regard to the ancestral property executed 'out of love and affection' does not come within the scope of the...

[Land Acquisition] Land Owners Entitled To Rent, Damages & Consequential Benefits From Date Of Dispossession By Govt: Telangana High Court

Benefits are payable till issuance of notification by Government under Land Acquisition Act.

S.17B ID Act | Employer Liable To Pay Wages To Workman During Pendency Of Appeal Against Labour Court's Order Of Reinstatement: Gujarat High Court

The Gujarat High Court has reiterated that when a Labour Court directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court, the employer is be liable to pay such workman during the period of pendency of such proceedings in the High Court.Referring to Section 17B of the Industrial Disputes Act, the Bench comprising Justice RM Chhaya and...

'Either IOs Deliberately Leaving Lacuna Or Don't Know Evidence Law': MP High Court Grants Bail To Man Arrested On Confession Of Co-Accused

The Madhya Pradesh High Court, Gwalior Bench recently granted bail to a man arrested on the basis of the confessional statement of a co-accused, observing that lately, it has become a norm for the police department to file charge-sheet against accused persons merely on the basis of confessional statement made by the other co-accused. Hearing the bail application moved by the...