A Party Cannot Circumvent The Dispute Resolution Process After Agreeing On The Same: Gujarat High Court

The Gujarat High Court has held that a party cannot circumvent the dispute resolution process after agreeing on the same. The Court held that party is bound to follow the mechanism provided under the arbitration clause that requires it to first raise the dispute before the DRC and pre-deposit the amount in dispute if no challenge is made to the validity of terms of...

Landlord-Tenant Disputes Governed By Transfer Of Property Act Are Arbitrable In Nature: Reiterates Karnataka High Court

The Karnataka High Court has reiterated that the landlord-tenant disputes governed by the Transfer of Property Act, 1882 are arbitrable in nature. The Single Bench of Justice E.S. Indiresh observed that the Supreme Court in the case of Vidya Drolia versus Durga Trading Corporation (2020) had overruled its decision in Himangi Enterprises versus Amaljit Singh Ahulvalia (2017)....

Credit Availed By Indian Overseas Bank On The Service Tax Paid On Deposit Insurance Service Is Eligible For CENVAT Credit: CESTAT

The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Sulekha Beevi C.S. (Judicial Member) and P. Anjani Kumar (Technical Member) has held that the credit availed by the Indian Overseas Bank on the Service Tax paid on the basis of the premium paid to the Deposit Insurance and Credit Guarantee Corporation (DICGC) for insuring deposits is...

A Reference To Arbitration Can Be Declined By The Court If The Dispute Is A Deadwood: Bombay High Court

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 reference to arbitration only if it is satisfied that the dispute is non-existent or that it has become a deadwood. The Single Bench of Justice N.J. Jamadar reiterated that the scope of enquiry under Section 11(6) of...

Turmeric in Whole Form Is 'Agricultural Produce', Attracts 5% GST: AAAR

The Maharashtra Appellate Authority of Advance Ruling (AAAR) has ruled that 5% GST is payable on turmeric in its whole form, falling under the definition of "Agricultural Produce". The two-member bench of Rajeev Kumar Mital and Ashok Kumar Mehta has observed that the first supply of turmeric in whole form by farmers, being supplied by a non-taxable person in the Agricultural Produce...

Petition Under S. 11(6) Of The A&C Act Would Be Premature When The Precondition Of Conciliation Is Not Fulfilled: Karnataka High Court

The High Court of Karnataka held that the petition under Section 11(6) of the A&C Act would be premature when the parties have not complied with the precondition of conciliation. The Bench of Chief Justice Ritu Raj Awasthi dismissed the arbitration petition for the appointment of an arbitrator on the ground that the petitioner had directly approached the Court without taking...

Allahabad High Court Takes Cognizance Of Pendency Of Cases In UP Revenue Courts, Seeks Response Of UP Govt, State Bar Council

The Allahabad High Court has taken cognizance of the issue of pendency of cases in revenue courts of Uttar Pradesh and has sought the response of the Uttar Pradesh government and the state bar council over the steps taken by them to ameliorate and ease the grave situation.The Bench of Justice Jaspreet Singh has sought the responses of the Chief Secretary (Revenue), State of U.P., Chairman,...

Prophet Remark Row: Advocate Writes To Calcutta High Court CJ For Urgent Hearing Of PIL Seeking Deployment Of Central Forces In WB Over Violent Protests

A letter has been addressed to the Chief Justice of Calcutta High Court on Saturday seeking immediate constitution of a Bench to urgently adjudicate upon a Public Interest Litigation (PIL) seeking deployment of central forces in light of the ongoing protests in Howrah against remarks by BJP leaders against Prophet Mohammed. According to reports, violence erupted at several places in...

Party Can Raise Additional Grounds Based On The Award Passed After The Case Is Remitted To Tribunal Under Section 34(4) Of A&C Act: Delhi High Court

The Delhi High Court has ruled that an order passed by the Arbitral Tribunal, after the matter is remanded back to it by the Court under Section 34(4) of the Arbitration and Conciliation Act, 1996 (A&C Act), is not a fresh arbitral award that can be challenged by filing a separate petition under Section 34(1). The Court observed that during the pendency of the proceedings...

Compensation Awarded For Property Acquired For Bullet Train Project Not Taxable: Bombay High Court

Compensation or income received by certain land-owners on account of the property acquired by the National Hi-Speed Rail Corporation Ltd (NHSRCL) for the Mumbai-Ahmedabad bullet train project through private negotiations and sale deed is exempted from tax, the Bombay High Court has held. A division bench of Justices S V Gangapurwala and M G Sewlikar observed that merely...

Assessee Should Be Given Opportunity To Produce Evidence Which Has Impact On Tax Liability : Calcutta High Court

The Calcutta High Court bench has held that assessees should be given the opportunity to produce evidence which has an impact on tax liability. The division bench of Justice Debangsu Basak and Justice Bibhas Ranjan De has observed that tax authorities must adjudicate upon the tax liability in accordance with the law. Similarly, if the assessee is unable to present certain evidence...

NCLT Closes The Right To File Reply Due To Delay, NCLAT Delhi Allows Appeal And Directs To Take Reply On Record

The National Company Law Appellate Tribunal ("NCLAT"), New Delhi Bench, comprising of Justice M. Venugopal (Judicial Member) and Shri Ashok Kumar Mishra (Technical Member), while adjudicating an appeal in Samyak Metals Pvt. Ltd. v Ugro Capital Ltd., has permitted taking on record of a Reply, which was allegedly lying with the Registry for over 50 days for curing of defects and...