Issue Whether The Dispute Pertains To The Agreement Containing Arbitration Clause Or Not, To Be Decided By Arbitrator: Delhi High Court

The Delhi High Court has ruled that the issue whether the disputes between the parties have arisen under the Memorandum of Understanding (MoU) containing an arbitration clause, or the subsequent work orders issued to the party, which are devoid of any arbitration clause, or whether they are related to both, can be looked into by the Arbitrator who can rule on his own jurisdiction in terms...

Sec 102 CrPC | Police Officer Empowered To Seize Property Only If Found Under Circumstances Creating Suspicion Of Any Offence: Himachal Pradesh HC

The Himachal Pradesh High Court on Thursday ordered defreezing of the account of an accused observing that Section 102 CrPC (Power of police officer to seize certain property) empowers the Police Officer to seize certain property on existence of a condition that the said property should have been alleged or suspected to have been stolen or which may be found under circumstances which...

Building And Fabricating Tipper Body If Chassis Is Owned, Supplied By The Customer Attracts 18% GST: Punjab AAR

The Punjab Authority of Advance Ruling (AAR) has held that the building and fabricating of a tipper body if the chassis is owned and supplied by the customer attract 18% GST.The two-member bench of Varinder Kaur and Viraj Shayamkarn Tidke has observed that 28% GST is payable on the activity of building and fabricating a Tipper Body and mounting the same by the applicant on the chassis owned...

Reversal of ITC At Midnight During Search And Seizure Operation Can't Be Treated As Voluntary Payment: Gujarat High Court Directs Refund

The Gujarat High Court has held that the reversal of input tax credit (ITC) at midnight during search and seizure operations can't be treated as a voluntary payment.The division bench of Justice Sonia Gokani and Justice Sandeep S. Bhatt has directed the department to reverse the ITC to the tune of Rs. 37,68,300 along with 6% interest.The petitioner is in the business of trading...

Justice B.V. Nagarathna To Deliver 2023's Chief Justice KK Usha Memorial Lecture At Kerala High Court On March 11

The Kerala Federation of Women Lawyers (KFWL) is organizing the Chief Justice KK Usha Memorial Lecture on the topic 'Transformative Constitutionalism' tomorrow (March 11, 2023), as part of its Women's Day celebration. The lecture will be delivered by the Supreme Court Judge, Justice B.V. Nagarathna, at the Kerala High Court Auditorium. Chief Justice KK Usha Memorial Lecture is dedicated to...

No Board Exams For 5th And 8th Class Students In State Board: Karnataka High Court Quashes Govt Circulars

The Karnataka High Court on Friday quashed three circulars issued by the State government by which it prescribed a Board Examination for students of Standards 5 and 8th in schools affiliated to the state board. A single judge bench of Justice Pradeep Singh Yerur, allowed the petitions filed by Organisation for Unaided Recognised Schools and the Registered Unaided Private Schools’...

ITAT Upholds Income Tax Addition On Amount Received For Arbitration Settlement

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has upheld the income tax addition on the amount received for arbitration settlement from Indian Oil Infrastructure & Energy Services.The two-member bench of Kul Bharat (Judicial Member) and Narendra Kumar Billaiya (Accountant Member) has observed that the assessee was engaged in the project only through its PE in India. In view...

Jammu & Kashmir High Court Sets Aside Single Bench Order For Probe Against J&K SSB, Matter To Be Decided Afresh

Setting aside the order of Single bench in terms of which it had ordered a probe into conduct of J&K Service Selection Board after the recruitment body was alleged to have appointed a 'Blacklisted' agency for conducting exam, the Division bench of J&K&L High Court today remitted the matter back to the Single Judge with a request to decide the matter afresh.A bench comprising...

All The Members Of A ‘Joint Venture’ Are Jointly And Severally Liable To Third Parties; No Need To Separately Make Individual Members A Party To Arbitration: Delhi High Court

The High Court of Delhi has held that all the members of a ‘joint venture (JV)’ are jointly and severally liable to the third parties with which the JV enters into an agreement. The bench of Justice Yashwant Varma held that a JV is a quasi-partnership wherein two or more entities may come together and jointly undertake a particular transaction or contract for mutual profit. It held...

MLA Moves Bombay High Court Challenging Govt Resolution For Panel To Monitor Interfaith Marriages

A writ petition has been filed in the Bombay High Court challenging the Maharashtra Government notification which established the Family Coordination Committee to monitor inter-faith and inter-caste marriages in Maharashtra.“That the assumption that adult women who choose and consent to marry someone from another faith need to be 'saved' is misplaced and goes against the spirit of...

No Attachment Of Property Under PMLA Once Liquidation Commences: NCLT Jaipur

The National Company Law Tribunal (“NCLT”), Jaipur Bench, comprising of Shri Deep Chandra Joshi (Judicial Member) and Shri Prasanta Kumar Mohanty (Technical Member), while adjudicating a petition filed in M/s Packwell (India) Ltd. v M/s Emgee Cables and Communication Ltd., has held that PMLA would cease to have the power to attach the property of the Corporate Debtor, when the order...

Gauhati High Court Convicts Lawyer For Contempt Over Comments On Judge's "Model-Like" Jewellery, Comparison With Mythical Demon

A lawyer who made scathing remarks against an Additional District Judge by inter alia commenting upon her attire and comparing her to mythical demon, was convicted for criminal contempt by the Gauhati High Court yesterday.The division bench of Justice Kalyan Rai Surana and Justice Devashis Baruah passed the order after the lawyer, Utpal Goswami, pleaded guilty and tendered an apology.“In...