IBC Cases Weekly Round-Up: 14 November To 20 November 2022

NCLAT Advance Paid Towards Service Is Operational Debt: NCLAT Delhi Case Title: Chipsan Aviation Private Limited v Punj Llyod Aviation Limited Case No.: Company Appeal (AT) (Insolvency) No. 261 of 2022 The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member), has held that...

Allahabad High Court Weekly Round-Up: November 7 To November 13, 2022

NOMINAL INDEX Mohd. Sajid v. State of UP 2022 LiveLaw (AB) 485 Anil Kumar v. State Of Uttar Pradesh 2022 LiveLaw (AB) 486 Haji Mahboob Ahmad And Anr. v. State Of U.P. Thru. Home Secy. Lucknow And Ors 2022 LiveLaw (AB) 487 Aftaf @ Nafees @ Pappu v. State Of U.P. 2022 LiveLaw (AB) 488 ORDERS/JUDGMENTS OF THE WEEK Prayagraj Violence | Allahabad High Court Grants Bail...

"Heinous Offence": Man Who Allegedly Killed 'Paramour', Chopped Her Body & Threw It Away Denied Bail By Allahabad HC

The Allahabad High Court last week denied bail to a man named Sameer Khan who has been accused of killing his 'paramour/wife', chopping her body into 6 pieces, and throwing it away in a secluded place in July 2020."Considering the allegations, heinousness of offence and the evidence available on record, this Court does not find any ground to enlarge the accused-applicant on bail," the bench...

Tax Cases Weekly Round-Up: 13 November To 19 November 2022

Supreme CourtSec.194H Income Tax Act Attracted For 'Supplementary Commission' Earned By Travel Agents ; Airlines Liable To Deduct TDS : Supreme CourtCase Title: Singapore Airlines Ltd. vs C.I.T., Delhi Citation: 2022 LiveLaw (SC) 959 The Supreme Court held that Section 194H of the Income Tax Act is attracted in the case of Supplementary Commission amounts earned by the travel agent...

VAT Not Fee/Charge; Cannot Be Disallowed As Deduction Under Section 40(a)(iib) of Income Tax Act: ITAT

The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that payment of Value Added Tax (VAT) by Tamil Nadu State Marketing Corporation, a State Government undertaking, is not a fee or charge, or an appropriation made by the State Government, and thus, it cannot be disallowed as deduction under the provisions of Section 40(a)(iib) of the Income Tax Act, 1961. The bench...

Arbitration Cases Weekly Round-Up: 13 November To 19 November, 2022

Delhi High Court: Invalidity Of The Appointment Procedure Would Not Render The Entire Arbitration Clause Invalid: Delhi High Court Case Title: Ram Kripal Singh Construction Pvt. Ltd. versus NTPC The High Court of Delhi has held that merely because the procedure for the appointment of the arbitrator has become invalid due to 2015 amendment act, the same would not render the...

Non-Participation Of Defendant Is Good For Compliance Of Sec 12-A Of The Commercial Courts Act: Delhi High Court

The High Court of Delhi has held that the failure of the defendant to participate in the Pre-Institution Mediation suffice the requirement of Section 12-A of the Commercial Courts Act, 2015. The bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad held that the consent of the plaintiff for instituting the pre-suit meditation would be irrelevant if the...

Extension Of Limitation For Section 34 Application, Is Not Contingent On Merits Of Section 33 Application: Delhi High Court

The Delhi High Court has ruled that the benefit of extension of limitation for filing an application under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act), by virtue of an application filed under Section 33, for correction and interpretation of award, would not apply solely to the parties making the request under Section 33. The single bench of Justice...

Child Born From Second Wife Of A Deceased Employee Eligible For Compassionate Appointment: Rajasthan High Court

The Rajasthan High Court (Jodhpur Bench) has observed that a child who was born from the second wife of the deceased employee is eligible for a compassionate appointment.To arrive at the conclusion, the bench of Justice Sandeep Mehta and Justice Kuldeep Mathur relied upon the Supreme Court's recent ruling in the case of Mukesh Kumar vs Union of India 2022 LiveLaw (SC) 205 wherein it was...

Digital Personal Data Protection Bill Proposes To Amend RTI Act To Completely Bar Disclosure Of Personal Information

The draft of the Digital Personal Data Protection Bill, which was released by the Ministry of Electronics and Information Technology on November 18 for public comments, has a provision which proposes to amend the Right To Information Act 2005.Clause 30(2) of the draft proposes an amendment to Section 8(j) of the RTI Act, which will have the effect of totally exempting personal information...

DGFT Extends Timeline for Export of Red Sanders Wood by Forest Environment & Climate Change Department

The Forest Environment and Climate Change Department of the Government of Odisha have been given until October 6, 2023, by the Directorate General of Foreign Trade (DGFT) to export red sanders wood."The Forest Environment and Climate Change Department, Government of Odisha, shall finalize the modalities for export of the Red Sanders Heart Wood in log form and shall complete the whole process...

Delhi High Court Weekly Round-Up: November 14 To November 20, 2022

Citations 2022 [LiveLaw (Del) 1078 TO 2022 LiveLaw (Del) 1093]NOMINAL INDEXIBIBO Group Pvt. Ltd. Versus DCIT 2022 LiveLaw (Del) 1078HAMDARD NATIONAL FOUNDATION (INDIA) & ANR. v. AMAZON INDIA LIMITED & ANR. 2022 LiveLaw (Del) 1079LT FOODS LIMITED v. SARASWATI TRADING COMPANY 2022 LiveLaw (Del) 1080SHER SINGH @ RAJ BOHARA v. STATE (NCT OF DELHI) 2022 LiveLaw (Del) 1081Tricolor...