Rate Of Interest In A Contract May Be Modified By The Court On Equitable Grounds: Andhra Pradesh High Court

The Andhra Pradesh High Court recently ruled that where the rate of interest is fixed in the contract, it would be open to the Court to vary the rate of interest from the date of the suit till the date of recovery of the amount on equitable grounds, if the amount of interest is exorbitant. Brief Facts of the Case The case of the plaintiff was that the 1st defendant and her...

Scope Of Discretion To Stay Award U/S 19 MSME Act Wider Than U/S 36(3) Arbitration Act: Calcutta High Court

The Calcutta High Court has recently observed that the discretion conferred upon a Court to stay an award or a decree under Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act) is broader in scope compared to Section 36(3) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) where the discretion is limited to granting stay of an award subject...

Can Exercise Writ Jurisdiction Against Private Party That Wrongly Benefits From Inaction Of Public Authorities In Discharge Of Public Duty: Bombay HC

The Bombay High court recently came to the rescue of flat purchasers and allowed interim reliefs against private developers in writ petitions. A bench of Justices S.J. Kathawalla and Milind N. Jadhav regarded that inaction of government bodies against private developers is affecting the rights of innocent individuals. Hence, the court can exercise writ jurisdiction to protect...

In Absence Of Specific Pleading By Party About Self Acquired Suit Property, It Is Presumed To Be Joint Family Property: Karnataka High Court

The Karnataka High Court has said that in absence of a specific pleading made by the defendants to a suit before the trial court that properties in the suit were self acquired, it is presumed that such properties acquired subsequently are with the aid of joint family properties and as such they acquire the character of joint family. A division bench of Justice H.T.Narendra Prasad...

Madhya Pradesh High Court Upholds Punishment Of Compulsory Retirement Of Court Staff For Taking ₹10 As Bribe

The Madhya Pradesh High Court recently upheld its decision of not interfering with the order passed by the Disciplinary Authority, directing compulsory retirement of a court reader as punishment for taking bribe of Rs. 10. The division bench of Justice Sheel Nagu and Justice M.S. Bhatti was essentially dealing with a writ petition filed by the Petitioner seeking direction of the Court...

Gujarat High Court Grants Interim Injunction On Immovable Property Based On 'Agreement To Sell'

The Gujarat High Court recently ordered interim injunction on an immovable property and restrained its owner from changing its status during the pendency of the suit, based on an agreement to sell arrived at between the parties.The Bench comprising Justice AP Thaker observed, "So far as the suit based on agreement to sell for specific performance of contract, even if that agreement to sell...

10 Reasons Why NCB SIT Wants More Time To Investigate Aryan Khan's Case

In its detailed application seeking extension of 90 days to file their charge sheet in the Cordelia Cruise Ship Case against Aryan Khan and others, the Special Investigations Team stated that many accused are not cooperating in the investigation. It also cited corruption allegations against "witness" KP Gosavi, in Pune police's custody in a cheating case. The agency said that they are yet...

Interest Liability Under GST Can't Be Raised Without Initiating Adjudication Process If Assessee Raises Dispute: Jharkhand High Court

The Jharkhand High Court bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has ruled that if an assessee disputes the liability of interest, either disputes its calculation or the leviability of interest, then the only option left for the Assessing Officer is to initiate a proceeding either under Section 74 or 74 of the CGST Act for adjudication of the liability...

Consumer Forum Directs Big Bazaar To Cough Up ₹1,500 For Charging ₹19 For Cloth Bag Despite NCDRC Order To Stop Practice Completely

A District Consumer Commission in Maharashtra has directed Big Bazaar, a part of Future Retail Ltd, to pay Rs 1,500 to a customer who was charged Rs 19 for a cloth bag to carry the goods bought at one of its stores. In a recent order, the bench of the Commission comprising its President Nilima Sant, and members Neeta Kankariya and Manjusha Chitlange, also directed the retail chain...

Fraudulent Claim of ITC, Revenue Interest is Protected by Attachment: Gujarat High Court Grants Bail

The Gujarat High Court bench of Justice Gita Gopi has granted bail to the accused of fraudulently availing the input tax credit (ITC) as the department has attached the immovable properties, which were much beyond the alleged GST evasion. The applicant, a designated partner and managing director of "Utkarsh Ispat LLP," which is in the business of purchasing mild steel scrap...

'Confinement Inevitable': Madras HC Denies Bail To NRI Company Director Accused Of Money Laundering, Supplying Inferior Quality Coal To PSUs

Madras High Court has refused to grant bail to Ahmed A.R Buhari, director and promoter of M/s Coastal Energen Private Limited (CEPL), accused of the offence under Section 3 of the Prevention of Money Laundering Act, 2002.Justice G. Jayachandran observed that the petitioner is alleged to have supplied Indonesian imported coal of inferior quality to Public Sector Undertakings (PSUs), routing...

IAMC Hyderabad Releases Quarterly Report, Claims Administering Disputes To The Tune Of 400 Million US Dollars

In the first Quarterly Report issued by International Arbitration and Mediation Centre (IAMC) since its inauguration, it has been claimed that disputes to the tune of 400 Million US Dollars have been administered by the Centre. The report also states that a variety of matters have been referred to the Centre by courts and tribunals, including two matters from the Supreme Court.In the...