Madras High Court Monthly Digest - January 2023 [Citations 1 to 37]

Citations: 2023 LiveLaw (Mad) 1 To 2023 LiveLaw (Mad) 37 NOMINAL INDEX Manikandan v. State, 2023 LiveLaw (Mad) 1 P Geetha v. V. Kirubaharan , 2023 LiveLaw (Mad) 2 M/s.Tirupur Sree Annapoorna Versus Tamil Nadu Sales Tax Appellate, 2023 LiveLaw (Mad) 3 Easwaran Brothers India Private Limited Versus The Assistant Commissioner (ST) (FAC), 2023 LiveLaw (Mad) 4 M Kannadasan...

Bombay High Court Imposes ₹10K Cost On Nasik Resident For Challenging Permission For Opening Of Country Liquor Bar In Residential Area

The Bombay High Court recently imposed Rs. 10,000/- cost on a petitioner who had objected to opening of a Country Liquor Bar in his neighbourhood, observing that his allegations hamper the business owner’s right to carry on trade.Justice Milind N. Jadhav, while dismissing the writ petition, said the manner in which the Petition has been drafted is an abuse of the process of law. The...

Civil Court Cannot Adopt "Shortcuts" To Dispose Case Even If Higher Court Ordered Expeditious Trial: Madhya Pradesh High Court

The Madhya Pradesh High Court, Indore Bench recently observed that the even if it has directed the civil court to expedite trial in a matter, the court below cannot adopt shortcut methods to dispose of the case. The bench comprising Justice Subodh Abhyankar added that in case of any difficulty, the trial court is always at liberty to seek guidance from the High Court- From the...

Talks Of Settlement Between Parties After Arbitrator Enters Upon Reference, Would Not Stop Limitation For Passing Award: Delhi High Court

The Delhi High Court has reiterated that since the the amended provisions of Section 29A (1) of the Arbitration and Conciliation Act, 1996 (A&C Act) are essentially procedural in character, they would apply even to arbitrations pending on the date the amended provision was brought into force. Section 29A (1) of A&C Act, as amended by the 2019 Amendment Act, w.e.f....

A Final Relief Cannot Be Granted Under Section 9 Of Arbitration And Conciliation Act, 1996: Delhi High Court

The High Court of Delhi has held that the Court cannot grant a relief which is final in nature in an application under Section 9 of the A&C Act. The bench of Justice Chandra Dhari Singh held that relief contemplated under Section 9 of the Act is only interim in nature I.e., ‘in the intervening time’ or ‘provisional’ and it has to be in aid of the enforcement of the...

Common Statement Of Claims For Separate But Interlinked Agreements, Can Be Filed Before Arbitral Tribunal: Delhi High Court

The Delhi High Court has upheld the arbitral reference made to a common Sole Arbitrator as well as a common State of Claims filed before the Arbitral Tribunal, with respect to a dispute arising under two separate agreements, considering the fact that the agreements were closely interlinked and contained identical Arbitration Clauses, stipulating same conditions. The bench...

Even If Driver Is Drunk, Insurer Liable To Third Party: Kerala High Court

The Kerala High Court on Monday held that Insurance Company would be liable to initially compensate a motor accident victim, even if the condition in policy against driving of vehicle in an intoxicated state is violated by the driver.The Single Judge Bench of Justice Sophy Thomas observed,"Undoubtedly, when the driver is in an inebriated state, certainly, his consciousness and senses will...

Solid Waste Management Services To Municipal Corporation Is Exempted From GST: West Bengal AAR

The West Bengal Authority for Advance Ruling (AAR) has held that the supply of conservation and solid waste management services to the municipal corporation is exempt from GST.The two-member bench of Brajesh Kumar Singh and Joyjit Banik has noted that the functions entrusted to a municipality as listed in the Twelfth Schedule include functions like sanitation conservancy and solid...

Orissa High Court Notifies Scheme For ‘Lawyer Of The Year Award’ For Young Lawyers From District Courts

The Orissa High Court has notified a scheme for conferring ‘Lawyer of the Year Award’, which was initiated last year. The objective behind the award is to encourage young lawyers practicing in the District Courts, including the outlying stations of the districts. The scheme contains details related to features of the award, eligibility to apply, Jury, selection criteria etc....

CENVAT Credit Can’t Be Denied For Use Of Prime Quality Materials In Manufacture: CESTAT

The Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that there is no restriction in the CENVAT Credit Rules that the Appellants should not use prime quality materials for the manufacture of final products.The single bench of P.K. Choudhary (Judicial Member) has observed that as long as there is no dispute regarding the receipt and consumption of...

[Tender] Valid Show Cause Notice Must Disclose Charges Imposed, Afford A Reasonable Opportunity To Respond: Calcutta High Court

The Calcutta High Court has recently observed that the elements required to constitute a valid show cause notice include that the notice discloses the charges imposed upon the person or entity to whom such a notice is being addressed to and it affords a reasonable opportunity to the person to reply to the charges so made.Justice Moushumi Bhattacharya opined that the necessity of a show...

Maintenance To Wife Not A Debt, Husband's Pension Not Exempted From Attachment Towards Payment Of Arrears: Madras High Court

The Madras High Court has held that the maintenance allowance that is granted to the wife would not come within the purview of debt and thus, the pension of the husband is not exempt from attachment towards payment of arrears of maintenance. Highlighting that maintenance is a social justice to prevent destitution and vagrancy, Justice V Sivagnanam observed, "Lawful claim due to a...