News Updates
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...
Department Recovering Tax Without Any Authority Of Law Cannot Be Permitted To Retain The Amount: CESTAT
The Delhi Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that just as an assessee cannot be permitted to evade payment of rightful tax, the authority that recovers tax without any authority of law cannot be permitted to retain the amount merely because the taxpayer was not aware at that time.The bench of Binu Tamta (Judicial Member) has observed that the...
Remarks On Savarkar| Lucknow Court Directs Police Investigation Into Complaint Against Rahul Gandhi U/S 202 (1) CrPC
A Court in Uttar Pradesh's Lucknow district today directed an investigation [under Section 202 (1) CrPC] into the complaint filed against Congress leader Rahul Gandhi over his allegedly offensive remarks against Vinayak Damodar Savarkar made in Maharashtra during his Bharat Jodo Yatra.The Additional Chief Judicial Magistrate Ambrish Kumar Srivastava passed this order on an application moved...
Bombay High Court Upholds The Validity Of Goa Tax on Entry of Goods Act, 2000
The Bombay High Court has upheld the validity of the Goa Tax on Entry of Goods Act, 2000.The bench of Justice M. S. Sonak & Justice Valmiki Sa Menezes relied on the decision of the 9-judge bench of the Supreme Court in the case of Jindal Stainless Limited and another vs. State of Haryana and ors. which upheld the constitutional validity of entry taxes imposed by states on goods coming in...
New Claims Cannot Be Admitted When Resolution Plan Is Approved By The CoC And Is Pending Before The AA For Approval: NCLT Mumbai Reiterates
The National Company Law Tribunal, Mumbai Bench, comprising Shri H.V. Subba Rao (Judicial Member) and Shri Shyam Babu Gautum (Technical Member), while adjudicating an application under Section 60(5) of Insolvency and Bankruptcy Code, 2016 (“IBC, 2016”) in Bank of Maharashtra vs DS Kulkarni Developers Ltd. has reiterated that new claims cannot be admitted when the resolution plan...
Attempt To Convert Operational Debt Into Financial Debt; NCLT Chennai Rejects Section 7 Petition.
The National Company Law Tribunal, Chennai Bench, comprising Shri Sanjiv Jain (Judicial Member) and Shri Sameer Kakar (Technical Member), while adjudicating an application under Section 7 of Insolvency and Bankruptcy Code, 2016 (“IBC, 2016”) in Step Stones Infras Private Limited vs Yes and Yes Infracon (P) Ltd has held that transfer of the same work by a subsequent MOU would not...