Bombay High Court Weekly Round-Up: July 3 to July 9 2022

NOMINAL INDEX Siddharth Pithani vs UOI 2022 LiveLaw (Bom) 241 Priya Malay Sheth versus VLCC Health Care Ltd. 2022 LiveLaw (Bom) 242 TATA Motors Ltd. & Anr. V The Brihan Mumbai Electric Supply & Transport Undertaking (BEST) 2022 LiveLaw (Bom) 243 Anganwadi Karmachari Sanghatana and ors vs. Union of India and ors. 2022 LiveLaw (Bom) 244 Monika Narendra Sharma...

Delhi High Court Weekly Round Up: July 4 To July 10, 2022

NOMINAL INDEXCitations 2022 LiveLaw (Del) 599 TO 2022 LiveLaw (Del) 633Case Title: Ashwini Kumar Upadhyay v. Union of India 2022 LiveLaw (Del) 599Case Title: Ashwini Kumar Upadhyay v. Union of India 2022 LiveLaw (Del) 600Case Title: SH AWANEESH CHANDRA JHA v. ANIL PRASAD NANDA 2022 LiveLaw (Del) 601Case Title: JOHNSON JACOB v. STATE 2022 LiveLaw (Del) 602Case Title: DHRUV TEWARI v. DIRECTORATE...

Toll Charges Are Included In The Value Of Outward Supply: Tamil Nadu AAR

The Tamil Nadu Authority of Advance Ruling (AAR) consisting of T.G.Venkatesh and K.Latha has ruled that the value of toll charges, being incidental expenses incurred while providing outward supply, is liable to be included in the value of outward supply of service. The applicant is in the business of providing support services in relation to the rental of road vehicles, including...

Arbitration Cases Weekly Round-Up: 3 July To 9 July, 2022

Bombay High Court: Invocation Of Arbitration Has To Be In Clear Terms; Merely Stating Claims Would Not Suffice: Bombay High Court Case Title: M/s. D.P. Construction versus M/s. Vishvaraj Environment Pvt. Ltd. The Bombay High Court has ruled that invocation of arbitration has to be in clear terms, as specified in Section 21 of the Arbitration and Conciliation Act, 1996 (A&C...

Even Though Limitation Is Not Set Up As Defence, Tribunal Should Examine: NCLT Chennai

The National Company Law Tribunal (NCLT), Chennai Bench, comprising of Justice (Retd.) S. Ramathilagam (Judicial Member) and Shri Anil Kumar B (Technical Member), while adjudicating an application filed in Bank of Baroda v Rajiv Rai, has held that limitation applies to an application filed under Section 95 of the Insolvency and Bankruptcy Code, 2016 ("IBC") for initiating...

Information Memorandum Should Reflect Creditors Claim , If It Finds Place In Balance Sheet : NCLT Indore

The National Company Law Tribunal ("NCLT"), Indore Bench, comprising of Shri Madan B. Gosavi (Judicial Member) and Shri Kaushalendra Kumar Singh (Technical Member), while adjudicating an application filed in Bank of Baroda v Divya Jyoti Industries Ltd., has held that if a claim of a creditor appears in the audited balance sheet of the Corporate Debtor, then it is the duty of...

Tax Cases Weekly Round-Up: 3 July To 9 July, 2022

Delhi High Court Voluntary Statement Made Before The Revenue Authorities Cannot Substitute A Statutory Pre-Show Cause Consultation Notice: Delhi High Court Case Title: Gulati Enterprises versus Central Board of Indirect Taxes and Customs & Ors. Citation: 2022 LiveLaw (Del) 604 The Delhi High Court has reiterated that a voluntary statement made before the revenue...

Karnataka High Court Weekly Roundup: July 4 - July 10 l, 2022

NOMINAL INDEXPRABHUNAIKA K.T v. STATE OF KARNATAKA, 2022 LiveLaw (Kar) 242CHURCH OF SOUTH INDIA TRUST ASSOCIATION v K.L.JAYAPRAKASH, 2022 LiveLaw (Kar) 243Irfan Pasha v. National Investigation Agency, 2022 LiveLaw (Kar) 244Commissioner of Central Tax Vs ABB Limited, 2022 LiveLaw (Kar) 245 Xiaomi Technology India Private Limited v. Union of India, 2022 LiveLaw (Kar) 246 SHABANNA TAJ v. STATE...

Orissa High Court Monthly Digest: June 2022 [Citations 94-107]

Nominal Index: Siba Prasanna Pathy v. State of Odisha & Ors., 2022 LiveLaw (Ori) 94 Pradip Kumar Sahoo v. Principal Secretary to Govt., School and Mass Education Deptt. & Ors., 2022 LiveLaw (Ori) 95 Mohammad Arif v. Enforcement Directorate, 2022 LiveLaw (Ori) 96 Bhuban Mohan Behera v. State of Odisha & Anr., 2022 LiveLaw (Ori) 97 Rajendra Mohanta v....

Kerala High Court Weekly Round Up: July 4 - July 10, 2022

Nominal Index [Citations 2022 LiveLaw (Ker) 320-339]1. Vasu Kallayi v. State of Kerala & Ors. 2022 LiveLaw (Ker) 3202. Cheshire Tarzan v. State of Kerala & Ors. 2022 LiveLaw (Ker) 3213. State of Kerala v. XXX 2022 LiveLaw (Ker) 3224. XXX v. State Of Kerala & Anr. 2022 LiveLaw (Ker) 3235. Sathy & Ors v. Dileep I.S & Ors. 2022 LiveLaw (Ker) 3246. Ansar Najeeb & Ors v....

Patents Act | Non-Consideration Of Grounds In Rejecting Pre-Grant Opposition Constitutes Violation Of Principles Of Natural Justice: Delhi High Court

In reference to the Patents Act, 1970, the Delhi High Court has held that non-consideration of grounds raised in a pre-grant opposition by the Deputy Controller of Patents and Designs, per se constitutes violation of principles of natural justice. The observation was made by a single judge bench of Justice Jyoti Singh, more particularly in reference to Section 3(d) of the Patents Act,...

"Conversion Therapy" For LGBTQ+ Persons Must Be Treated As Professional Misconduct: Madras High Court Directs National Medical Commission

While issuing a slew of directions for the upliftment of the LGBTQ+ community, the Madras High Court has directed the National Medical Commission to enlist "Conversion Therapy" as professional misconduct. This comes in continuation of the earlier directions issued by the court wherein the Commission was directed to ensure that the State Medical Councils shall notify conversion...