News Updates
Arbitration Cases Weekly Round-Up: March 5 To March 11, 2023
Bombay High Court: Arbitration Clause Can Be Invoked By Assignee Of Rights Under Contract: Bombay High Court Case Title: M/s. Siemens Factoring Pvt Ltd vs. Future Enterprises Pvt Ltd The Bombay High Court has ruled that an arbitration agreement is assignable, just as any other contract, and where the obligations and rights under an Agreement, containing an arbitration clause,...
Karnataka High Court Refuses To Repatriate Minor To Germany, Says No Habeas Corpus Jurisdiction In Face Of Interim Order Giving Custody To Mother
The Karnataka High Court has dismissed a habeas corpus petition filed by a man seeking direction to his wife to produce their minor son before the court and then direct his repatriation to Germany. A division bench of Justice Alok Aradhe and Justice Vijaykumar A Patil dismissed the petition filed by the father, it said, “The interim custody of the son has been granted to the wife by an...
Allahabad High Court Denies Bail To Former UP MLA Kamlesh Pathak In Gangster Act Case
The Allahabad High Court recently denied bail to former Uttar Pradesh Legislative Assembly member Kamlesh Pathak in the Gangster Act Case registered against him. The bench of Justice Krishna Pahal did not find reasonable grounds for believing that Pathak is not guilty of such offence mentioned in the Gang Chart and that he is not likely to commit any offence while on bail The Court...
[Udumalai Sankar Honour Killing] Madras High Court Permits Wife To Conduct Honorary Meeting To Raise Awareness About Inter-Caste Marriages
The Madras High Court has permitted Kowsalya, wife of Sankar who was hacked to death for marrying from a different caste, to conduct a meeting in memory of Sankar. Kowsalya had approached the court after State denied permission for the meeting citing law and order problems. Justice G Chandrasekharan noted that the offense of Honour killing was increasing every day and that...
Commercial Court Shall Not Allow Written Statement To Be Taken On Record After Lapse Of 120 Days From Service: Kerala High Court
The Kerala High Court recently held that the Commercial Court shall not allow a written statement filed in a suit to be take on record if 120 days has passed since the date of service of summons. A single bench of Justice C S Dias observed that under Section 16 of Commercial Courts Act, 2015, the Code of Civil Procedure,1908 will stand amended while being applied to commercial disputes as...
Tax Cases Weekly Round-Up: 5 March to 11 March 2023
Delhi High Court Issuance Of SCN in Customs Brokers Licensing Regulations, Contemplates Dispatch Of Notice And Not Its Receipt: Delhi High Court Case Title: Commissioner of Customs (Airport & General) vs M/s R.P. Cargo Handling Services The Delhi High Court has ruled that the expression ‘issuance of show cause notice’ in Regulation 20(1) of the Customs...
Madras High Court Issues Notice On Online Gaming Company’s Plea Against CB-CID Notice Over Gamer's Suicide
The Madras High Court has issued notice to the State Police on a plea by Pay Games 24x7, an online gaming company based out of Mumbai challenging the notices issued by CB-CID in connection with the investigation into the suicide of a gamer. Justice G Chandrasekharan has directed the Tamil Nadu Government, CB-CID and Chennai police to file their counters by March 14. After the...
Make RTE Act Compulsory Subject In All Law Schools: PIL In Delhi High Court
A public interest litigation has been filed in the Delhi High Court seeking a direction for asking Bar Council of India (BCI) to consider making Right of Children to Free and Compulsory Education Act, 2009, or RTE Act, a compulsory subject for students in all law colleges and universities.The plea is likely to be heard by division bench of Chief Justice Satish Chandra Sharma and...
NGT Directs NHAI To Pay 2 Crore Compensation For Violation Of ‘Green Highway Policy,2015’ .
The bench of Justice Adarsh Kumar Goel(chairperson), Justice Sudhir Agrawal (judicial member), Justice Arun Kumar Tyagi (Judicial Member), Dr. A.Senthil Vel, (expert member) of National Green Tribunal, principal bench, New Delhi directed the National Highways Authority of India(NHAI) to pay compensation of 2 crore to PCCF,Haryana for non compliance of environmental obligation and...
Calcutta High Court Grants Bail To Accused Under NDPS Act Citing Non-Compliance Of S.41B CrPC
The Calcutta High Court recently granted bail to two accused persons in a NDPS case on the grounds that Section 41B of CrPC was not complied with, there were discrepancies in the documents of seizure. While allowing the bail application of the accused persons the division bench of Justice Sabyasachi Bhattacharyya and Justice Rai Chattopadhyay held:“The provisions of Section 41B of the Code...
Applications For Refund Of ITC Cannot Be Denied On Mere Suspicion: Delhi High Court
The Delhi High Court has held that applications for refund of Input Tax Credit (ITC) cannot be rejected merely on suspicion and without any cogent material. The division bench of Justice Vibhu Bakhru and Justice Amit Mahajan directed the department to initiate a refund of ITC of Rs. 72,03,961/-based on the goods that the petitioner has exported. In this case, the petitioner filed...
Bombay High Court Quashes Reassessment Proceedings Against Jetair
The Bombay High Court has quashed the reassessment proceedings against Jetair Pvt Ltd, a group entity of Jet Airways (India) Ltd, and has set aside the notice issued by the revenue department under Section 148 of Income Tax Act, 1961 against Jetair, seeking to reopen assessment for the relevant assessment year. The bench of Justices Dhiraj Singh Thakur and Kamal Khata rejected...