Bar Council of Kerala Appeals Against Interim Order That Restricted Enrollment Fee For Advocates To Rs 750

The Bar Council of Kerala (BCK) has appealed to a division bench of the Kerala High Court against the interim order of a single judge which directed the BCK to not collect more than Rs 750 as enrollment fees from prospective advocates who had petitioned the Court. The Bar Council has stated in its petition that the interim order restricting the enrolment fee to Rs. 750 has virtually stalled...

Brahmapuram Fire | 'Right to Clean Air Basic Human Right' : Kerala High Court Seeks Detailed Plan For Solid Waste Management

The Kerala High Court on Wednesday took note of the plan of action that had been formulated for immediate short term and long term measures for due implementation of the Solid Waste Management and Handing Rules, 2016, by the Additional Chief Secretary, Local Self Government Department; the Ernakulam District Collector; the Secretary of Cochin Municipal Corporation, and the Chairman of the...

Section 34 Arbitration Petition Filed In Anticipation Of Approval By Authority Not Valid : Delhi High Court

The High Court of Delhi has held that a petition filed under Section 34 of the A&C Act is not a valid filing if it is filed without or in anticipation of the final approval. The bench of Justice Navin Chawla was dealing with a petition by National Highways Authority of India (NHAI) challenging an arbitration award passed against it, however, admittedly the petition was filed by...

Arbitrator Must Serve Sufficient Notice Before Proceeding Ex-Parte Against Party: Delhi High Court

The Delhi High Court has set aside an ex-parte Arbitral Award on the ground that the Arbitrator failed to issue proper communication to the party before proceeding ex-parte against it and that it failed to make adequate efforts to examine whether the absence of the party was with or without showing sufficient cause. The bench of Justice Chandra Dhari Singh held that under the...

Delhi High Court Restrains Invocation of Bank Guarantee Since Party Had Arbitral Awards In Its Favour Under Contract

The Delhi High Court has ruled that the existence of any dispute between the parties to the contract is not a ground for issuing an injunction to restrain the enforcement of an unconditional bank guarantee. The Court was dealing with a petition under Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act) seeking to restrain the opposite party from invoking/ encashing...

Cannot Interfere With ED Case Registered In Another State : Karnataka High Court

The Karnataka High Court has held that it cannot interfere with criminal proceedings initiated by the Directorate of Enforcement in Mumbai merely on the ground that the accused is staying and operating a bank account in Karnataka.A single judge bench of Justice K Natarajan dismissed the petition filed by Vihaan Direct Selling India Private Limited which had approached the Court seeking to...

Former CJI Justice N.V. Ramana Appointed As Arbitrator In Dispute Between DMRC And Arvind Techno Globe

The Delhi High Court has referred the disputes between the Delhi Metro Rail Corporation Ltd (DMRC) and M/s Arvind Techno Globe (JV) in relation to a construction contract to arbitration, appointing Justice N.V. Ramana, former Chief Justice of India, as the Sole Arbitrator to adjudicate the disputes between the parties. The bench of Justice Chandra Dhari Singh was dealing with a...

'VIPs Should Be Equal To Common People' : Advocates Association Writes To CJI Over Early Listing Of BJP Leader's Bail Application

The Advocates Association of Bengaluru has expressed serious concern at the early hearing granted to anticipatory bail application filed by BJP leader Madal Virupakshappa before the Karnataka High Court.In a letter written to Chief Justice of India D Y Chandrachud, the association said, “The usual practice in the High Court of Karnataka is that new matters like anticipatory bail take...

Who Is The Proper Authority To Decide IGST Refund? Bombay High Court Directs The Dept. To Decide

The Bombay High Court has directed the department to decide who has the proper authority to decide on an IGST refund.The division bench of Justice Nitin Jamdar and Justice Abhay Ahuja has noted that the customs authorities claimed that the GST authority is the proper officer for processing refund claims, whereas the GST authorities claim that it is the customs officer.The court directed...

AO Issued Income Tax Assessment Notice To Non-Existent Company: Calcutta High Court Imposes Cost

The Calcutta High Court has imposed a fine of Rs. 20,000 on the assessing officer for issuing the income tax assessment notice to the non-existent company."It also appears from the past record that in respect of another assessee, this court has imposed the personal cost of Rs. 10,000 upon the very same Assessing Officer, Bitan Roy, by order dated August 2, 2023," the bench of Justice...

Expenses Of Solid Waste Disposal Is An Accrued Liability As It Was Disposed At Temporary Site: ITAT Allows Claim Worth Rs. 7.77 Crores

The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) has allowed the assessee’s claim of Rs. 7,77,73,600 as a provision for expenses of solid waste disposal.The two-member bench of Siddhartha Nauthiyal (judicial member) and Annapurna Gupta (accountant member) has noted that the assessee had booked the expenses for the disposal of the waste at the permanent site commensurate to...

Service Tax Not Payable On The Amount Collected From The Member Units For Treatment Of Effluent Water: CESTAT

The Hyderabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that service tax is not payable on the remuneration collected from the member units for the activity of treating effluent water.The two-member bench of Sulekha Beevi C.S. (Judicial Member) and Vasa VASA Seshagiri Rao (Accountant Member) has observed that as per Notification No. 08/2017-S.T....