Arbitration Cases Weekly Round-Up: June 5 To June 11, 2022

Bombay High Court: A Reference To Arbitration Can Be Declined By The Court If The Dispute Is A Deadwood: Bombay High Court Case Title: D.K. Infrastructure Pvt. Ltd. versus Kishore Agarwal and Anr. The Bombay High Court has held that once the Court is satisfied regarding the existence of an arbitration agreement between the parties, the Court can decline to make a...

"Good Samaritan Turned Into Foe": Madras High Court Quashes Proceedings Against Person Who Acted As Mediator In Matrimonial Dispute

The Madras High Court recently quashed the FIR against a man, who tried to reconcile the differences between a couple through compromise, but was himself dragged into the embroil with the filing of a FIR against him by one of the spouse."It is a classical case, good samaritan turned into foe in the process of conciliation between the husband and wife," Justice G Ilangovan observed at...

Flat Purchasers Cannot Be Made To Wait For An Indefinite Period Hoping To Obtain Possession; Reiterates NCDRC

The bench of National Commission comprising Justice Deepa Sharma, Presiding Member and Subhash Chandra, Member has observed that, the opposite party has not provided any documentary evidence to prove that the complainants are not 'consumers' under the scope of section 2 (1) (d) of the Consumer Protection Act, 1986, except relying on the fact that they paid 50% of the amount in...

Delhi High Court Weekly Round Up: June 6 To June 12, 2022

NOMINAL INDEXCitations 2022 LiveLaw (Del) 543 TO 2022 LiveLaw (Del) 565VISHAL PIPES LIMITED v. BHAVYA PIPE INDUSTRY 2022 LiveLaw (Del) 543CAPITOL ART HOUSE (P) LTD v. NEHA DATTA 2022 LiveLaw (Del) 544 M/s Schneider Electric India Pvt. Ltd. Versus ACIT 2022 LiveLaw (Del) 545Karida Real Estates Private Limited Versus ACIT 2022 LiveLaw (Del) 546JAMAHIR ALIAS JAWAHAR v. THE STATE GOVT OF NCT OF...

Service Tax Not Payable On Liquidated Damages Collected From Contractor: CESTAT

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Anil Choudhary (Judicial Member) ruled that service tax is not payable on liquidated damages collected from the contractor. The appellant/assessee is in the business of providing taxable services under the head renting of immovable properties, legal consultation, manpower supply service,...

S.103 Evidence Act Applies To Order XIII-A CPC; Suit Can't Be Decreed Summarily Unless Plaintiff Duly Proves His Claim: Madras High Court

While discussing extensively the scope of issuing summary judgments, the Madras High Court recently observed that suits cannot be summarily decreed at the instance of a plaintiff unless such plaintiff satisfies the court that the suit claim stands duly proved.The two requirements for the grant of summary judgments under Rule 3 Order XIII-A CPC are that the applicant should establish that...

Voluntary Retirement To Come Into Force Automatically On Expiry Of Notice Period If Appointing Authority Does Not Deny Permission: Gujarat High Court

Justice Bhargav D. Karia of the Gujarat High Court has held that in case of voluntary retirement from service, if the appointing authority does not permit or refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said period. In this case, the petitioner was...

NCLAT Limits Supertech's Insolvency Process To One Project

The National Company Law Appellate Tribunal (NCLAT) principal bench comprising of Justice Ashok Bhushan and Mr. Naresh Salecha has modified its stay order on constitution of Committee of Creditors of Supertech Ltd. (Supertech) and limited the Corporate Insolvency Resolution Process of Supertech to one project i.e., Eco Village II. Earlier, the NCLAT vide its order dated 12.04.2022...

S.106 Evidence Act | Husband Can't Be Asked To Explain Wife's Death In Their House Unless Prosecution Establishes Prima Facie Case: Bombay High Court

The Bombay High court recently set aside the conviction of a man in connection with the murder of his wife, even though her body was found in their home and he was found near the deceased. A Bench of Justices Sadhana S. Jadhav and Milind N. Jadhav reasoned that the accused has a right to maintain silence and it is for the prosecution to first prove its case beyond reasonable doubt, before...

No Limitation Applicable For Refund Amount Lying With Dept. Having The Nature Of Revenue Deposit: CESTAT

The Delhi bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Anil Choudhary (Judicial Member) has ruled that the limitation applicable for refund amount lies with the department having the nature of revenue deposit. The appellant/assessee is in the business of providing services under the category of "Construction...

DGFT Extends Time Limit For Filing Annual Report Under EPCG Scheme For 2022-23

The Directorate General of Foreign Trade (DGFT) has issued a public notice extending the deadline for filing annual reports under the Export Promotion Capital Goods (EPCG) Scheme for the year 2022-23 till September 30, 2022. The EPCG Scheme promotes the import of capital goods for the production of high-quality goods and services, thus improving India's industrial competitiveness....

ITC Admissible On GST Paid On GTA Service Despite Vehicles Travelling Empty in Return Journey: AAR

The Gujarat Authority of Advance Ruling (AAR) has ruled that the Input Tax Credit (ITC) is admissible on GST paid on goods transport agency (GTA) service supplied to it, despite refrigerated vehicles travelling empty during the return journey. The applicant, Vadilal, is in the business of supplying ice-cream in various states in addition to the supplies in Gujarat State....