Arbitrator Has No Jurisdiction To Set Aside Sale Notice Issued By Secured Creditor Under Section 13(4) Of SARFAESI Act: Delhi High Court

The Delhi High Court has ruled that the Arbitrator has no jurisdiction to set aside the sale notice issued by the secured creditor under Section 13(4) of the SARFAESI Act, 2002, seeking to enforce its “security interest”. The bench of Justice Anup Jairam Bhambhani remarked that the matter of a notice issued under Section 13(4) of the SARFAESI Act is not arbitrable at all, and...

No Acknowledgement Of Liability Based On An Unrealized Cheque: NCLAT Chennai

The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in M/s. Primee Silicones (Chennai) Pvt. Ltd. v M/s. UCAL Fuel Systems Ltd., has held that a cheque which has not been encashed, cannot amount to an ‘acknowledgement of liability’...

Misplacing FD Is Not The Ground For Deleting Addition Of Interest: ITAT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has upheld the addition of interest on fixed deposits (FDs).The two-member bench of Anubhav Sharma (Judicial Member) and N.K. Billaiya (Accountant Member) has observed that the bank, in Form No. 26AS, has acknowledged the fixed deposits with it and has credited interest by deducting tax at source. Even if the fixed deposits...

[Human Sacrifice] Woman From Madhya Pradesh Approaches Madras High Court Seeking Police Protection Against Family Members

A woman from Madhya Pradesh, apprehending to be offered in sacrifice, has approached the Madras High Court seeking adequate police protection and security. The matter is listed for hearing today before bench of Justice G. Chandrasekharan. The woman, aged 23 years alleged that her family members including her step mother were trying to perform her human sacrifice. After coming to know...

CBDT Prescribes New Form Of Report Of Audit For Trust, University, Educational Institutions, Hospital, Medical Institutions

The Central Board of Direct Taxes (CBDT) has announced the new Forms 10B and 10BB that charitable or religious trusts, institutions, universities, or other educational institutions are required to submit in accordance with Sections 10(23C) and 12A of the Income Tax Act.The Board has notified the Income-tax Amendment (3rd Amendment) Rules, 2023, which will take effect on April 1, 2023.Form 10...

Jharkhand High Court Stays Show-Cause Notices Issued By Two Different Authorities In Respect Of The Same Subject Matter

The Jharkhand High Court has stayed the show-cause notices issued by two different authorities in respect of the same subject matter as being outside its jurisdiction.The division bench of Acting Chief Justice Aparesh Kumar Singh and Justice Deepak Roshan has listed the matter on 29.03.2023 for the next date of hearing.The petitioner has challenged the show-cause notice issued by the...

Fabrication Of Bills Worth Rs.367 Crores, Accused In Custody For 18 Months: Punjab and Haryana High Court Grants Bail

The Punjab and Haryana High Court granted bail to the person accused of forging bills worth Rs. 367 crores and evading GST payments worth Rs. 26 crores.The single bench of Justice Deepak Sibal has observed that the petitioner has already undergone actual custody for nearly one year and five months. Even if he is convicted, the maximum sentence that can be imposed on him is five years. At...

Patna High Court Grants Anticipatory Bail To Man Accused Of Making 'Filthy' FB Posts Against Goddess Janaki, Lakshmana Ji

The Patna High Court last week granted anticipatory bail to one Md. Sarfaraj @ Sharfaraj Ansari who has been accused of making 'filthy' Facebook post over Goddess Janaki and Laxman Ji.The bench of Justice Anjani Kumar Sharan ordered that in the event of arrest or surrender of the accused before the court below within a period of six weeks from today, he be enlarged on bail on furnishing bail...

Stray Dogs Won't Get Aggressive If You Feed And Care For Them: Bombay High Court Tells Residential Complex Management

If you provide food and some amount of care, stray dogs will not get aggressive, the Bombay High Court observed on Wednesday seeking an amicable solution between the warring management of Seawoods Estate Limited and dog lovers from the society.“If the strays are left unattended, that includes feeding, sterilization, vaccination or necessary treatment when they are ill or sick, you will have...

Orissa High Court Dismisses PIL Seeking List Of Political Prisoners Detained Under MISA During National Emergency

The Orissa High Court has recently dismissed a Public Interest Litigation (PIL) seeking list of political prisoners detained under the draconian Maintenance of Internal Security Act, 1971 (MISA) during the national emergency.This is the third petition which was filed by Advocate Chittaranjan Mohanty with the similar prayers, after two analogous petitions were disposed of earlier. Pursuant to...

Bombay High Court To Hear ACC Cement's Appeal In Case Over Dematerializing NRI’s Shares In Someone Else’s Name

The Bombay High Court has admitted ACC Limited’s appeal against a decree that found the cement company negligent for dematerializing (digitizing) an NRI’s shares in someone else’s name. ACC is one of India's oldest and largest cement companies owned and operated by the Tata Group of Companies.Justice Amit Borkar observed that none of the necessary factors to record a finding of...

INS Vindhyagiri - MV Nordlake Collision | Liability Can Be Limited At Interim Stage Before Completion Of Trial: Bombay High Court

Ruling that the liability of a vessel owner for an accident can be limited at the interim stage before the completion of the trial, the Bombay High Court limited the liability of German company M.V. Nordlake Gmbh for the 2011 MV Nordlake – INS Vindhyagiri collision in Mumbai.“Once the suit is instituted, it is not imperative that the order to limit liability can only be after a full...