Resolution Professional Is Not Entitled To Fees During Stay On Insolvency Proceedings: NCLAT

NCLAT principal bench comprising of Justice Ashok Bhushan & Ms. Shreesha Merla in the case of IndusInd Bank Ltd. versus Mr. Rajendra K Bhuta held that the Resolution Professional is not entitled for any professional fees during the period of stay on the corporate insolvency resolution process. IndusInd Bank filed an appeal under Section 61 of the Insolvency and Bankruptcy Code,...

Subscription Fee Towards Cloud Services Not Taxable As Royalty: Delhi ITAT

The Delhi Bench of ITAT, consisting of members Anubhav Sharma (Judicial Member) and R.K. Panda (Accountant Member), has ruled that subscription fee received towards Cloud Services is not taxable as royalty. The Microsoft Corporation, USA is the ultimate parent entity of the Assessee MOL Corporation which is incorporated in the United States of America. Due to certain License...

Calcutta High Court Allows 17 Yr Old Rape Victim To Undergo Medical Termination Of Pregnancy

The Calcutta High Court on Wednesday permitted a 17 year old rape victim to undergo medical termination of pregnancy after taking into consideration the report filed by the Child Welfare Committee (CWC) and the report of the concerned Medical Board. Justice Rajasekhar Mantha took on record the report filed by the CWC addressed to the concerned Public Prosecutor, West Bengal wherein it had...

Apple And Malt Cola Fizzy Attracts 28% GST And 12% GST Compensation Cess: Gujarat AAR

The Gujarat Authority of Advance Ruling (AAR) consisting of Atul Mehta and Arun Richard has ruled that 28% GST and 12% GST Compensation Cess are payable on Apple and Malt Cola Fizzy. The applicant, Mohammed Hasanbhai Kabalai, submitted that it intends to supply thermally processed ready-to-serve fruit beverages, which shall be ready-to-serve fruit beverages with different...

Delhi Riots Larger Conspiracy Case: Sharjeel Imam Moves High Court Challenging Trial Court Order Denying Him Bail, Hearing Tomorrow

Sharjeel Imam has moved the Delhi High Court challenging a Trial Court order which had dismissed the bail plea in connection with a case alleging larger conspiracy into the Delhi riots of 2020, involving charges under Indian Penal Code and UAPA.The matter will be heard tomorrow by a division bench comprising of Justice Siddharth Mridul and Justice Rajnish Bhatnagar. According to the appeal,...

Lawyer Facing Charges For Alleged Misbehavior With Cop Accuses Court's Usher Of Bribery, Seeks Adjournment: Rajasthan HC Withdraws Interim Protection

Justice Narendra Singh Dhaddha of the Rajasthan High Court, Jaipur on Wednesday withdrew the interim protection from arrest granted to Advocate Goverdhan Singh in case pertaining to misbehaviour with a female police officer, observing that the adjournment sought by the petitioner has apparently not been bona fide. Notably, Singh had posted a video on social media alleging...

Respondents Also Have Right To Legal Representation Before Regulatory Authority/ Tribunal: High Court Reads Down S.56 Rajasthan RERA Act

The Rajasthan High Court has observed that Section 56 of the Rajasthan Real Estate (Regulation and Development) Act, 2016, inasmuch as it excludes Respondents' right to legal representation before the Appellate Tribunal or the Regulatory Authority or the adjudicating officer, as the case may be, is ultra vires.Accordingly, it declared that the provision includes the word "Respondent", who...

Autistic Minor Tortured In Safe Home: Calcutta HC Directs State To File Report On Progress Of Investigation

The Calcutta High Court on Wednesday directed the concerned State authorities to apprise the Court about the steps taken in the investigation of a case pertaining to the torture inflicted upon an autistic minor child while he was in the care and custody of a safe home in Durgapur, West Bengal. Justice Rajasekhar Mantha was apprised by the father of the minor victim that despite a complaint...

'Bound To Cause Hindrance': Karnataka High Court Rejects Trade Unions' Plea For Holding Procession On International Labour Day

The Karnataka High Court on Thursday refused permission to a batch of trade unions seeking to hold a peaceful procession in the capital on International Labour Day, i.e. on May 1. A vacation bench of Justice R Devdas and Justice K S Hemalekha said, "This court is of considered opinion that there is a clear direction passed in order dated 3-3-2022 that the state government...

Exclusive Jurisdiction Clause Overrides The Seat Clause In An Arbitration Agreement: Delhi High Court

The High Court of Delhi has given primacy to an exclusive jurisdiction clause over the seat clause in an arbitration agreement. The Court held that when a clause confers exclusive jurisdiction on a court other than the seat court, then only the court on which exclusive jurisdiction is conferred shall decide all the applications arising out of the arbitration...

Shemaroo Films' Copyright Infringement Suit: Bombay High Court Grants Interim Injunction Against News Nation, Suspects Defence Of 'Fair Use'

The Bombay High Court on Wednesday regarded that the defence of de minimis and fair use has to be seen through the prism of the fact that the parties involved, Shemaroo Entertainment Limited and News Nation Network, had entered into an agreement for a non-exclusive license.The suit was filed by Shemaroo, which is primarily involved in film production, after premature termination of...

Arbitration Involving Third Parties And Leading To Other Proceedings - Not Arbitrable : Karnataka High Court

The Karnataka High Court has ruled that reference of a dispute to arbitration cannot be allowed if it would lead to splitting up of the cause of action and cause determination on matters which were not contemplated for arbitration. The Single Bench of Justice B. M. Shyam Prasad held that there cannot be a complete adjudication of the claimant's rights unless the third parties were...