NCLAT Delhi Upholds Dismissal Of Application Seeking Restraint On Oyo From Proceeding With IPO

The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Jagadish v Oyo Hotels & Homes Pvt. Ltd., has upheld the Adjudicating Authority’s order rejecting applications filed by Operational Creditor to direct Oyo not to proceed with its...

Himachal Pradesh High Court Weekly Round-Up: January 9 to January 15, 2023

Himachal Pradesh High Court Weekly Roundup January 9 - January 15, 2023Nominal Index:Case Title: Rajinder Kumar Vs Pushpa Devi 2023 LiveLaw (HP) 1Case Title: Charno Ram vs. Union of India and others 2023 LiveLaw (HP) 2Case Title: Rohit Chauhan Vs State of Himachal Pradesh 2023 LiveLaw (HP) 3Case Title: Deep Raj @Neetu Vs State of Himachal Pradesh 2023 LiveLaw (HP) 4Case Title: Himachal...

Madras High Court Weekly Round-Up: January 9 to January 15, 2023

A weekly round-up of important cases from the Madras High Court Citations: 2023 LiveLaw (Mad) 11 To 2023 LiveLaw (Mad) 14 NOMINAL INDEX A Saravanan v. The State of Tamil Nadu and others, 2023 LiveLaw (Mad) 11 Po.Mu.Iraniyan @ Muthu Murugan v. The Union of India and others, 2023 LiveLaw (Mad) 12 D Elumalai v. The Commissioner of Milk Production and others, 2023 LiveLaw...

J&K&L High Court Weekly Round-up: January 9 To January 15, 2023

J&K&L High Court Weekly RoundupJanuary 9 - January 15, 2023 Nominal Index Case Title: Nazir Ahmad Chopan Vs Abdul Rehman Chopan 2023 LiveLaw (JKL) 8Case Title: Ruqaya Akhter Vs UT Through Crime Branch 2023 LiveLaw (JKL) 9Case Title: Mst Haleema & Ors Vs Mst Dilshada & Ors 2023 LiveLaw (JKL) 10Case Title: JK Montessori School Vs State of J&K & Ors 2023 LiveLaw...

Wrong Application Of Law Not Leading To Perversity; Arbitral Award Cannot Be Set Aside: Delhi High Court

The Delhi High Court has ruled that merely because the arbitrator had wrongly applied the .IN Domain Name Dispute Resolution Policy (INDRP Policy), while adjudication a dispute over domain names under the said Policy, the award cannot be set aside in the absence of perversity. The bench of Justice Chandra Dhari Singh ruled that the terminology used by the arbitrator in the award,...

Pension Of High Court Judge Who Has Been Re-appointed After Retirement As Ombudsman Cannot Be Deducted From Salary: Kerala HC

The Kerala High Court recently considered the question as to whether the pension of a High Court judge, who has been reappointed as an Ombudsman after retirement, could be deducted from his salary, and answered the same in the negative. Justice Anu Sivaraman, observed in this regard, "the provisions of the Act (Panchayat Raj Act) and the Rules (Ombudsman for Local Self Government...

High Court Stays Andhra Pradesh Govt's Decision To Prohibit Holding Of Public Meetings On Roads

The Andhra Pradesh High Court recently suspended operation of an order passed by the state government prohibiting the conducting of the public meetings on public roads."Considering the facts and circumstances of the case and on careful consideration of the submissions made by respective counsels and also on perusal of the case law placed by the respective counsels before the Court, in the...

Consideration For Advisory Services Not Taxable As Fees For Included Services Under India-US DTAA: Calcutta High Court

The Calcutta High Court has reiterated that consideration for advisory services cannot be treated as Fees for Included Services under Article 12(4)(b) of the India-US Double Taxation Avoidance Agreement (DTAA). The Court thus upheld the ITAT’s order setting aside the additions made to the foreign assessee Company’s income for the compensation received by it for...

Tax Cases Weekly Round-Up: 08 January To 14 January 2023

Supreme Court Income Tax Act | Writ Petition Can Be Entertained To Examine If Conditions To Issue Section 148 Notice Are Satisfied : Supreme Court Case Title: Red Chilli International Sales Versus ITO Citation: 2023 LiveLaw (SC) 16 The Supreme Court recently set aside an order of the Punjab and Haryana High Court which dismissed a writ petition filed by an assessee against...

Arbitration Cases Weekly Round-Up: 8 January to 14 January 2022

Supreme Court: Starting Point Of Limitation U/ Section 34(3) Arbitration Act In Cases Of Suo Motu Correction Of Award: Supreme Court Explains Case Title: USS Alliance versus State of Uttar Pradesh The Supreme Court has observed that the starting point for the limitation under Section 34(3) Arbitration and Conciliation Act, in case of suo moto correction of the award, would be...

Delhi High Court Weekly Round-Up: January 9 To January 15, 2023

Citations 2023 LiveLaw (Del) 17 to 2023 LiveLaw (Del) 42NOMINAL INDEXVIRENDRA KUMAR v. UNION OF INDIA & ORS. 2023 LiveLaw (Del) 17 DABUR INDIA LIMITED v. THE ADVERTISING STANDARDS COUNCIL OF INDIA 2023 LiveLaw (Del) 18 Apollo Tyres Limited versus Pioneer Trading Corporation & Ors 2023 LiveLaw (Del) 19 CA NITESH PARASHAR v. INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA ICAI &...

Consider Accepting Construction Workers’ Applications Six Months Before Their Eligibility To Receive Pension: Delhi High Court To Workers Welfare Board

The Delhi High Court has directed Delhi Building and other Construction Workers Welfare Board to consider accepting applications of constructions workers six months before they become eligible for receiving the pension. Justice Rekha Palli observed that since the Building and Other Construction Workers, Act 1996 and Rules are silent regarding the time period during which pension must...