Merely Sending Of Summons By DLSA Can’t Be Considered A Proceeding: NCLT New Delhi

The National Company Law Tribunal, New Delhi Bench, comprising Shri P.S.N Prasad, (Judicial Member) and Dr. Binod Kumar Sinha (Technical Member), while adjudicating an application under Section 9 of Insolvency and Bankruptcy Code, 2016 (“IBC, 2016”) in Supernova Tech Craft Engineering Overseas Limited vs Valtrom Technologies Private Limited has held that merely sending summons...

NCLT Ahmedabad & Indore Benches Re-Constituted W.E.F 3rd May 2023, Matters To Be Heard Through VC

The National Company Law Tribunal, Ahmedabad and Indore Benches, have been re-constituted vide a Circular dated 02.05.2023 issued by NCLT. The re-constituted Benches shall comprise of: NCLT Ahmedabad NCLT Ahmedabad Court Room No. I (Monday, Tuesday & Wednesday) (First Half) Shri Shammi Khan (Judicial Member)Shri K.K. Singh (Technical Member) NCLT Ahmedabad...

Department Cannot Decide Title Of The Goods When No One Disputes Ownership: CESTAT

The Ahmedabad Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the department cannot self-assign to itself the duty of declaring bad in law the certificate issued to the importer by the Ministry of Renewable Energy or decide the title to the goods, even when no one is disputing ownership.The bench of Somesh Arora (Judicial Member) and Raju (Technical...

ITC Not Allowable On Construction Of Shed Using Prefabricated Technology: Telangana AAR

The Telangana Authority of Advance Ruling (AAR) has held that input tax credit (ITC) is allowed for the construction of sheds using prefabricated technology.Sahil Inamdar has observed that the Pre-Fabricated Sheds (PFS) being constructed are, therefore, immovable property, and the input tax credit is not admissible on the inward supplies, which may include works contract services, for...

No Sales Tax On Supply Of Goods For Erecting Transmission Lines, Substations & Power Grids Before 15.05.1997: Jammu & Kashmir And Ladakh High Court

The Jammu & Kashmir And Ladakh High Court has held that no sales tax is exigible for the supply of goods for erecting transmission lines, substations, and power grids.The bench of Justice Sanjeev Kumar and Justice Rajesh Sekhri has observed that the transaction between the assessee and the contractors in which the assessee has supplied the goods and material purchased by it from outside...

Allegations Of Fraud/Forgery Inter-Se The Parties Do Not Make The Dispute Non-Arbitrable: Calcutta High Court

The Calcutta High Court has held that mere allegations of fraud inter-se the respondents would not make a dispute non-arbitrable. The bench of Justice Shekhar B. Saraf held that merely because the respondents inter-se dispute the validity of the agreement containing arbitration clause and also their signature on it, it does not make the dispute non-arbitrable. It further held that...

BBC Documentary On PM Modi: Delhi Court Issues Summons To BBC, Wikimedia And Internet Archive In BJP Leader’s Defamation Suit

A Delhi Court on Wednesday issued summons to British Broadcasting Corporation, Wikimedia Foundation and Internet Archive in a defamation suit filed BJP leader Binay Kumar Singh seeking to restrain them from publishing the BBC documentary on Prime Minister Narendra Modi or any other material related to RSS and Vishwa Hindu Parishad. Additional District Judge Ruchika Singla of Rohini Courts...

Mere Signing Of The Award At A Place Cannot Be The Determinative Factor For Ascertaining The Place Of Arbitration: Bombay High Court

The Bombay High Court has ruled that mere signing of the arbitral award at a place cannot be the determinative factor for ascertaining the place of arbitration. It added that if there is no agreement between the parties regarding the place of arbitration and the arbitrator has not determined the place of arbitration, the overall circumstances of the case would have to be taken...

Go First Airlines Insolvency : NCLT Delhi Allows Urgent Listing; To Hear Tomorrow

NCLT, Delhi Principal Bench comprising Justice Ramalingam Sudhakar, President and L.N. Gupta , Member allowed the mentioning plea for urgent listing of the petition filed for the insolvency of Go First airline and directed to list the matter on 04.05.2023 at 10.30.am, as the first item . An application for voluntary Resolution proceedings was filed by Go First Airlines before...

Why Shouldn't We Use Indian Languages In Courts? Few Lawyers In Supreme Court Charge Higher Fees Just For Knowing English: Law Minister Kiren Rijiju

The Union Law Minister Kiren Rijiju on Tuesday advocated for Indian languages to be used in constitutional courts across the country while speaking at an event organised by the Bar Council of Maharashtra and Goa.The minister further linked the use of English language in courts to the high cost of litigation.“Why shouldn't we use Indian languages in courts? We have told the Supreme Court...

Ludhiana Gas Leak: National Green Tribunal Directs DM To Pay Rs 20 Lakh Compensation To Kin Of Deceased, Forms Fact Finding Committee

The National Green Tribunal (NGT) has constituted the eight member fact-finding joint Committee to be headed by Chairman, Punjab State PCB in the Ludhiana gas leak case.The Tribunal has also directed the District Magistrate of Ludhiana to pay compensation of Rs. 20 lakhs each to the heirs of 11 deceased in the tragedy.The bench of Justice Adarsh Kumar Goel ( Chairperson), Justice Sudhir...

Bombay High Court Directs Sales Tax Commissioner To Determine Applicability Of VAT On Road Tax, Insurance Premium, Octroi Duty

The Bombay High Court has directed the sales tax commissioner to determine the applicability of VAT on road tax, insurance premiums, and octroi duty.The division bench of Justice Nitin Jamdar and Justice Abhay Ahuja has observed that Section 55 of the MVAT Act provides for an advance ruling, which allows an applicant to apply to the Commissioner for an advance ruling on the specified...