Google Play Store Dispute: NCLAT Delhi Directs Google To Deposit 10% Of Penalty Amount

The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Rakesh Kumar (Judicial Member) and Dr. Alok Srivastava (Technical Member), while adjudicating an appeal filed in Alphabet Inc. & Ors. v Competition Commission of India & Ors., has admitted Google’s appeal against CCI order dated 25.10.2022 subject to deposit of 10% of penalty...

Responsibility Of Assessee To Know The Eligibility Before Making Export Benefits Claim: CESTAT

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the appellant made a wrong claim of export benefit under MEIS, having been misadvised by the Customs House Agent (CHA).The bench of Anil Choudhary (Judicial Member) has observed that it was the responsibility of the appellant to understand the eligibility and the conditions before making a claim...

Dispute Whether Partner Can Use Firm’s Trade Mark For His Own Sole Proprietorship, Can Be Referred To Arbitration: Delhi High Court

The Delhi High Court has reiterated that disputes relating to subordinate rights in personam arising from rights in rem are arbitrable. Thus, the bench of Justice Navin Chawla concluded that the dispute whether a partner can use the partnership firm’s trade mark for his own sole proprietorship concern, can be referred to arbitration. The Court further ruled that merely because a...

Himachal Pradesh High Court Confers 'Senior Designation' On Advocate General Anup Kumar Rattan

In exercise of power under Section 16(2) of the Advocates Act, 1961, the Himachal Pradesh High Court has conferred senior designation on Advocate Anup Kumar Rattan. Rattan is the current Advocate General of Himachal Pradesh. He was appointed to the post on December 20, 2022.Click Here To Read...

Cockfighting: Madras High Court Issues Directions To Ensure Safety Of Birds During Pongal Celebrations At Tiruvallur Event

The Madras High Court recently issued a set of directions to be followed while conducting cockfights in connection with Pongal festival at an event in Valakkanampoodi Pudur village of Tiruvallur district.Cockfighting is an age-old practice in which two or more specially bred birds, known as gamecocks, are placed in an enclosed pit to fight for the primary purposes of gambling or...

Gujarat High Court Seeks MHA's Reply On Father's Plea Claiming Daughters Under Swami Nithyananda's Confinement

The Gujarat High Court on Thursday sought a response from the Ministry of Home Affairs in the case of 2 missing sisters who are allegedly under unlawful confinement of Rape Accused and self-styled Godman, Nithyananda. The bench of Justice N. V. Anjaria and Justice Niral R. Mehta passed this order while hearing a Habeas Corpus plea filed by the father of 2 sisters seeking their...

Is Order XXV Rule 1(1) CPC Mandatory? Delhi High Court Larger Bench To Decide

The Delhi High Court has referred the issue relating to the interpretation of Order XXV Rule 1(1) of the Code of Civil Procedure (CPC) to a larger bench. Observing that appears to be a "clear inconsistency" in the views expressed by different coordinate benches of the high court on whether the proviso to Order XXV Rule 1(1) of CPC is mandatory in nature or whether the court has...

State Of Tripura Has No Jurisdiction To Levy VAT For Supply Of LPG Cylinder Under Work Orders Executed Outside The State: Tripura High Court

The Tripura High Court has ruled that the State of Tripura has no jurisdiction to levy VAT under the Tripura Value Added Tax Act, 2004 (TVAT), on transport or supply of LPG cylinders to Tripura under the work orders executed outside the State. The bench of Acting Chief Justice T. Amarnath Goud and Justice Arindam Lodh held that that the situs of the sale would be the place where...

Importers To Furnish Additional Information At Customs Automated System While Filing A Bill Of Entry In Case Of "Specified Goods": CBIC

The Central Board of Indirect Taxes and Customs (CBIC) has notified the Customs (Assistance in Value Declaration of Identified Imported Goods) Rules, 2023 (CAVR, 2023), which shall come into effect on February 11, 2023.The Board has informed importers that, when filing a bill of entry for "specified goods," they will need to provide additional information in the Customs Automated System.The...

Section 34 Application Does Not Cease To Be An Application Only Because Procedural Requirements Were Not Complied: Delhi High Court

The Delhi High Court has ruled that an application to set aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act) does not cease to be an application merely because the applicant has not complied with certain procedural requirements. The bench of Justices Vibhu Bakhru and Purushaindra Kumar Kaurav held that filing an affidavit in support of...

Bombay High Court Quashes Reassessment Order On Asian Paints In View Of Full Disclosure

The Bombay High Court has quashed the reassessment order as the assessee, Asian Paints, disclosed fully and truly all facts material and necessary for the assessment.The division bench of Justice Dhiraj Singh Thakur and Justice Valmiki SA Menezes has observed that the reasons do not disclose what material or fact was not disclosed by the assessee.The petitioner/assessee is a public...

IBC Cases Weekly Round-Up: 2nd To 8th January 2023

Supreme Court “Inappropriate, Almost Bordering On Contempt”: SC Deprecates NCLAT Order Impeding Implementation Of SC Order Case Title: Indiabulls Housing Finance Ltd. v Iirf India Realty Xii Ltd. & Ors. Case No.: CIVIL APPEAL NO.9062/2022 The Supreme Court Bench comprising of Justice Sanjay Kishan Kaul and Justice Abhay S. Oka while adjudicating an appeal has set aside...