News Updates
Orissa High Court Weekly Round-Up: 5 December-11 December, 2022
Nominal Index: 1. Bijaya Manjari Satpathy v. State of Orissa & Ors., 2022 LiveLaw (Ori) 158 2. Project Officer, Bharatpur Open Cast Project of Mahanadi Coalfields Ltd. v. Darsani Kumar Sahoo & Anr., 2022 LiveLaw (Ori) 159 3. Kalandi Charan Barik v. State of Odisha & Ors., 2022 LiveLaw (Ori) 160 4. JB v. State of Odisha & Ors., 2022...
After Participating In The Arbitral Proceedings Without Any Protest, Can't Object To Jurisdiction Later : MP High Court
The Madhya Pradesh High Court has held that a party which has participated in the arbitration proceedings without any protest or challenge as to the jurisdiction of the tribunal cannot for the first time challenge the jurisdiction of the tribunal under Section 37 of the A&C Act. The bench of Justice S.A. Dharmadhikari held that an issue as to non-jurisdiction of...
Venue Restriction Provision Contained In Section 42 of A&C Act, Not Applicable To Proceedings Seeking Enforcement Of Award: Delhi High Court
The Delhi High Court has reiterated that Section 42 of the Arbitration and Conciliation Act, 1996 (A&C Act) would have no application to proceedings seeking enforcement of arbitral award. The bench of Justice Yashwant Varma noted that execution application is neither an "arbitral proceeding" within the meaning of Section 42 of the A&C Act, nor is it a subsequent...
Employer Cannot Retain Performance Bank Guarantee After Acknowledging Of Due Performance: Delhi High Court
The High Court of Delhi has held that the employer cannot withhold the performance bank guarantee after acknowledgement of the due performance of the contract by the contractor. The bench of Justice V. Kameshwar Rao held that the employer cannot also withhold the performance bank guarantee merely for securing the amount of its counter-claims. Facts The parties entered into...
Senior Advocate Birendra Saraf To Be Maharashtra's New Advocate General
Senior Advocate Dr Birendra Saraf is set to become the next Advocate General of the Maharashtra Government and a notification in this regard is likely to be issued soon.The CM Eknath Shinde-led Cabinet has approved Saraf's name according to officers in the meeting, however, an official notification by the Governor is awaited. Earlier, the cabinet accepted the resignation of outgoing AG...
Uddhav Thackeray Moves Delhi High Court Against Rejection Of Plea Challenging ECI's Freezing Order On Shiv Sena Party Symbol
Former Maharashtra Chief Minister Uddhav Thackeray has approached the Delhi High Court against a single judge order dismissing his plea against Election Commission of India (ECI)'s decision to freeze Shiv Sena's 'bow and arrow' party symbol.The ECI on October 8 directed both Thackeray and Eknath Shinde's faction to not use the name "Shiv Sena" or symbol "bow and arrow" till their rival claims...
In Quarantine Or On Marina Beach? Delhi High Court Says FB Posts Can't Be Treated As Determinative Of A Person's Location, Grants Relief To Lawyer
The Delhi High Court has said that posts on Facebook cannot be treated as determinative of a person's location at a particular point of time, at least by a court.Justice C Hari Shankar made the observation while dealing with a case wherein the Intellectual Property Appellate Board (IPAB) in December 2020 had asked the Bar Council of India to take action against two lawyers for allegedly...
ITAT Deletes Addition On Account Of Cash Deposited In The Bank Accounts During Demonetisation Period
The Raipur Bench of the Income Tax Appellate Tribunal (ITAT) has deleted the addition on account of cash deposited in bank accounts during the demonetization period.The bench of Ravish Sood (a judicial member) has observed that the AO, by not rejecting the books of account, has clearly accepted that the cash deposited in the bank accounts by the assessee firm during the year under...
No Fraudulent Intention Established: Gujarat High Court Quashes Penalty
The Gujarat High Court has held that the department could not establish any element of tax evasion with fraudulent intent or negligence.The division bench of Justice Sonia Gokani and Justice Mauna M. Bhatt has observed that the delay was of almost 4 1⁄2 hours before the e-Way bill could expire. It appeared to be bonafide and without establishing any fraudulent intention.The...
SC-Lawyer Requests CJI To Initiate Suo Moto Contempt Action Against Info. Commissioner For 'Lowering' Supreme Court's Authority
Supreme Court Advocate-On-Record, Aldanish Rein has written a letter to the Chief Justice of India and other judges of the Supreme Court to initiate a Suo Moto criminal contempt proceedings us/ 15 of the Contempt of Courts Act) against Information Commissioner, CIC-Uday Mahurkar claiming that he lowered the authority and scandalized the Supreme Court of India in one of his orders.Calling...
Interest Income Earned By Co-Operative Society From Investments Made With Co-Operative Banks Is Eligible For Section 80P Deduction: ITAT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has allowed the deduction under section 80P(2)(d) of the Income Tax Act in respect of interest earned by cooperative societies from investments made with cooperative banks.The two-member bench of Aby T. Varkey (Judicial Member) and Amarjit Singh (Accountant Member) has relied on the decision of the Karnataka high court in the case...
Hold Meeting With Insurance Companies, Ensure Products Are Designed For Persons With Disabilities: Delhi High Court To IRDAI
The Delhi High Court on Tuesday directed the Insurance Regulatory and Development Authority of India (IRDAI) to call a meeting of all insurance companies to ensure that the products are designed for persons with disabilities so as to enable them to obtain health insurance coverage.Observing that there is no doubt that persons with disabilities would be entitled to health insurance coverage...