Law Does Not Permit A Person To Both Approbate & Reprobate, Party Can't Accept & Reject The Same Instrument: Madras High Court Reiterates

Explaining the legal principle of Approbate and Reprobate, the Madras High Court has recently observed that the foundation of the law of election is that a person cannot accept and reject the same instrument. Justice Anand Venkatesh observed that a person cannot be allowed to make a judicial or a quasi-judicial forum to act upon a document in order to get a favorable order and...

Weekly Round Up Of Tax Cases : 1 May To 7 May, 2022

Supreme CourtSupreme Court Saves Over 90,000 Income Tax Reassessment NoticesIssued After 2021 Amendment By Deeming Them As Notices Under Section 148A Case Title: Union of India v. Ashish Agarwal Citation : 2022 LiveLaw (SC) 444 The Supreme Court, on Wednesday, directed that reassessment notices under Section 148 of the unamended Income Tax Act which were issued beyond...

Madras High Court Weekly Roundup: May 2 2022 to May 8 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 192 To 2022 LiveLaw (Mad) 205 NOMINAL INDEX Agavai (Name Changed) v. The State represented by Inspector of Police, 2022 LiveLaw (Mad) 192 Case Title: M.Ani v. The Government of Tamilnadu and others, 2022 LiveLaw (Mad) 193 Hema Jwaalini and others v....

Arbitration Cases Weekly Round-Up: 1st May to 7th May 2022

Supreme Court "Group Of Companies" Doctrine Needs Relook, Says Supreme Court; Refers Issues To Larger Bench Case Title: Cox and Kings Limited versus SAP India Private Limited and Anr. Citation: 2022 LiveLaw (SC) 455 The Supreme Court has referred various aspects regarding the application of the doctrine of 'Group of Companies', which is often utilised to bind non-signatories to...

Insolvency Proceedings Initiated Against Birla Tyres Ltd., A B.K. Birla Group Company: NCLT, Kolkata

The National Company Law Tribunal ("NCLT") Kolkata Bench, comprising of Rohit Kapoor (Judicial Member) and Shri Harish Chander Suri (Technical Member) while adjudicating a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 ("IBC") in the matter of SRF Limited v Birla Tyres Ltd., has initiated Corporate Insolvency Resolution Process ("CIRP") against Birla Tyres...

Committee Of Creditors Are Competent To Revise The Approved Fees Of Resolution Professional: NCLAT

National Company Law Appellate Tribunal (NCLAT) principal bench comprising of Justice Ashok Bhushan and Ms. Shresha Merla in the case of Kushwinder Singhal versus Reena Tiwari held that the Committee of Creditors (COC) is fully competent to revise its earlier approval of the fees of the Resolution Professional (RP). The erstwhile Resolution Professional of Bestways Transport India...

Interim Relief Under Section 9 Of The A&C Act Cannot Be Granted Against A Third-Party Unless Claiming Under A Party To The Arbitration Agreement: Gujarat High Court

The High Court of Gujarat has held that a third party cannot be impleaded as a party to an application for interim reliefs under Section 9 of the A&C Actunless it is a party who is claiming under a party to the arbitration agreement. The Division Bench of Justice N.V. Anjaria and Justice Samir J.Dave has held that the remedy under the Arbitration Act is between the parties...

'May Lead To Drastic Results': MP High Court Stays Single Bench Order Giving Weightage To Centre's Data Over State Govt In MPPSC Exam

The Madhya Pradesh High Court recently granted stay against the order passed by a Writ Court, whereby it had given preference to data of Government of India over that of State government, regarding percentage of forest cover to decide the correct answer to a question asked by the Madhya Pradesh Public Service in its Examination. The decision of the single bench was based on the reasoning...

Arbitrator Terminating The Arbitral Proceedings Under Section 25(A) Of The A&C Act, Challenge Maintainable Under Article 227 Of The Constitution Of India: Delhi High Court

The Delhi High Court has ruled that since no alternate remedy is available to the claimant to challenge the order of the arbitrator terminating the arbitral proceedings under Section 25(a) of the Arbitration and Conciliation Act, 1996 (A&C Act), hence, a petition under Article 227 of the Constitution of India against the said order of the arbitrator is ex...

Karnataka High Court Weekly Roundup: May 2 To May 8, 2022

Nominal Index: MOHAMED ARIF JAMEEL v. STATE OF KARNATAKA AND OTHERS, 2022 LiveLaw (Kar) 145 UNITED INDIA INSURANCE CO., LTD., v. NAGENDRA, 2022 LiveLaw (Kar) 146 Stanley Joseph v. State, 2022 LiveLaw (Kar) 147 Sathish N v. Ambika J, 2022 LiveLaw (Kar) 148 Chennaiah @Doddachennaiah and others v. Bylappa and others Case, 2022 LiveLaw (Kar) 149 B S PRAKASH v. THE STATE...

'Unfair Trade Practice': Consumer Forum Directs Handbag Manufacturer To Cough Up ₹38K For Charging ₹20 For Carry Bag With Company Branding

A district consumer forum in Bandra directed handbag manufacturer ESBEDA to pay up over Rs. 38,000 for indulging in unfair trade practices after it charged a woman Rs 20 for a carry bag with its advertisement on it. ESBEDA ( Intouch Leather House Pvt Ltd) has been directed to pay Rs 13,000 of the amount to the complainant, Reema Chawla, Rs 20 refund for the carry bag and Rs....

President Appoints Justice Nongmeikapam Kotiswar Singh As Acting Chief Justice Of Gauhati High Court

The President has appointed Justice Nongmeikapam Kotiswar Singh, senior-most Puisne Judge of Gauhati High Court as Acting Chief Justice of the High Court with effect from the date Justice Sudhanshu Dhulia relinquishes the charge as Chief Justice of the Gauhati High Court consequent upon his appointment as a Judge of the Supreme Court of India.The Centre yesterday notified the appointment...