News Updates
Karnataka High Court Permitted Superintendent of Central Tax To Pass Orders For Revoking Cancellation Of GST Registration On Filing Returns
The Karnataka High Court has permitted the Superintendent of Central Tax to pass suitable orders for revocation of the cancellation of the GST registration, if the petitioner/assessee files returns.The single bench of Justice B. M. Shyam Prasad has observed that the cancellation of GST registration was without due opportunity and was arbitrary.The petitioner submitted that the respondent...
Appellate Court Becomes Functus Officio After Disposing Main Appeal, Cannot Decide Injunction Application Thereafter: Gauhati High Court
The Gauhati High Court recently held the dismissal of an injunction application by a District Judge, 5 days after disposal of the main title appeal, to be bad in law. The single judge bench of Justice Justice Parthiv Jyoti Saikia observed:“The Title Appeal was disposed of on 23.02.2022 and the connected injunction petition was disposed of 5 days later, i.e. on 28.02.2022. With the delivery...
Airport Metro Arbitral Award: DMRC Seeks Review Of High Court Ruling, Says Attachment Of Statutory Expenses Will Cause Chaos On Delhi Roads
Seeking a review of Delhi High Court's recent decision on the execution petition filed by Reliance Infra-promoted Delhi Airport Metro Express Private Limited (DAMEPL), the Delhi Metro Rail Corporation (DMRC) has told the court that the attachment of its statutory expenses will result in immediate stoppage of the entire metro network in National Capital Region and cause inconvenience to more...
Order 6 Rule 17 CPC | Party Can’t Be Refused Relief Merely Over Inadvertence Or Infraction Of Procedural Rules: Patna High Court
A bench comprising Justice Sunil Dutta Mishra of the Patna High Court, while allowing a civil miscellaneous petition held that a party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of the rules of procedure.In this case, the Civil Miscellaneous application was preferred for setting aside the order passed by Sub-Judge, Gaya in a...
Facilitation Council Under MSMED Act Has No Jurisdiction To Conduct Arbitration Dispute Arising Under A Works Contract: Bombay High Court
The Bombay High Court has set aside an arbitral award passed by the Facilitation Council by invoking statutory arbitration under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act), while holding that the Council could not have exercised jurisdiction to conduct arbitration in a dispute arising under a works contract. The bench of...
Debts Arising From Different Work Orders Can Be Clubbed To Satisfy The Minimum Threshold Under IBC: NCLT Mumbai Reiterates
The National Company Law Tribunal, Mumbai Bench, comprising Shri Kishore Vemulapalli (Judicial Member) and Shri Prabhat Kumar (Technical Member), while adjudicating an application under Section 9 of Insolvency and Bankruptcy Code, 2016 (“IBC”) in Wam India Private Limited Vs SN Engineering Services Pvt. Ltd. has held that debts arising from different work order(s) can be clubbed...
Madras High Court Reserves Orders On Pleas By OPS, Other Expelled AIADMK Members Challenging Party Resolutions
The Madras High Court has reserved orders on pleas filed by expelled leaders of the AIADMK party - O. Panneerselvam, P.H. Manoj Pandian, R. Vaithilingam and J.C.D. Prabhakhar challenging the party resolution dated July 11 2022 by which they were removed. The leaders had also challenged the elections to be held for the post of General Secretary of the party.Justice K Kumaresh Babu heard...
Feces Mixed In Water Tank: Madras High Court Mulls Appointing Retired HC Judge To Monitor Probe
The Madras High Court has called for the Case Diary with respect to the investigation being carried out in relation to the unfortunate incident of mixing human feces in overhead tank which resulted in the hospitalisation of persons belonging to scheduled caste community in Pudukottai district.The bench of Acting Chief Justice T Raja and Justice Bharatha Chakravarthy also stated that the...
Calcutta High Court Quashes Income Tax Notices Issued In The Name Of Non-Existing Company
The Calcutta High Court has quashed the income tax notice issued in the name of a non-existing company, in spite of the department having notice and knowledge of non-existence of the company.The single bench of Justice Md. Nizamuddin observed that the notice has been issued in the name of the company, which has already been amalgamated on December 12, 2016 with effect from April 1, 2015, and...
‘Most Of The Women-Centric Decisions Were Authored By Male Judges’:Justice Hima Kohli Says Stereotypes Should Be Avoided
Speaking at the International Women's Day celebration organized by the Adhivakta Parishad, Supreme Court Unit, yesterday, Supreme Court judge Hima Kohli appreciated the male Judges in evolving and expanding the jurisprudence by reading into the Constitution rights that had not been spelt out specifically, particularly in the context of upholding and safeguarding women's rights. Justice Kohli...
Inclusion Of More Women In Judiciary Will Ensure That Decision Making Process Is More Responsive, Inclusive & Participatory At All Levels: Justice B.V. Nagarathna
Supreme Court Judge, Justice B.V. Nagarathna on Tuesday, made a clarion call for diversification of the legal profession, and opined that the lack of the same in the Bar and the Bench would lead to systemic lack of empathy for the circumstances and issues affecting vulnerable, and the historically marginalized groups amongst others. The Apex Court Judge was speaking on the topic,...
AA Duty Bound to Ascertain Facts of Debt and Default, Cannot allow Respondents to take Advantage of Mistakes of Applicants: NCLT Mumbai
The National Company Law Tribunal, Mumbai Bench, comprising Shri Kishore Vemulapalli (Judicial Member) and Shri Prabhat Kumar (Technical Member), while adjudicating an application under Section 60(5) of Insolvency and Bankruptcy Code, 2016 (“IBC”) by the Yatra Online Limited (“Corporate Debtor”) in Ezeego One Travel and Tours Limited vs Yatra Online Limited has held that the...