News Updates
Applicability Of Minimum Threshold Of Rs. 1 Crore Is To Be Seen From Date Of Filing Of Petition, Not The Date Of Sending Demand Notice: NCLT Delhi
The National Company Law Tribunal ("NCLT"), New Delhi Bench, comprising of Shri Dharminder Singh (Judicial Member) and Dr. Binod Kumar Sinha (Technical Member), while adjudicating an application filed in Udit Jain (Sole Proprietor of M/s U.J. Trading Co.) v Apace Builders and Contractors Pvt. Ltd., has held that the date of filing of petition needs to be considered and not the date...
NCLT Chennai Bench Re-Constituted, Matters To Be Heard Through Video Conferencing
The National Company Law Tribunal, Chennai Bench, has been re-constituted vide a Circular dated 14.09.2022, issued by NCLT as per Section 419(3) of the Companies Act, 2013. The new NCLT Chennai Benches shall comprise of: NCLT Chennai, Court Room No. 1 (Second Half) Justice Ramalingam Sudhakar (President)Shri Sameer Kakar (Technical Member) NCLT Chennai, Court Room No. 2...
'Chalta Hai' Attitude Dangerous To Rule Of Law; State Biggest Hurdle In Expeditious Disposal Of Bail Matters: Uttarakhand High Court
Slamming the state government's lackadaisical attitude in a bail matter, the Uttarakhand High Court recently observed that the state is one of the biggest hurdles in the expeditious disposal of bail matters.The bench of Justice Ravindra Maithani also came down heavily on the state government's 'chalta hai' attitude as it observed that such an attitude of the state in bail matters is dangerous...
Copyright Act | No Infringement U/S 51 If Person Holds Certificate By Registrar Or License By Owner: Gujarat High Court
The Gujarat High Court has recently explained that when a person uses without the permission of the license owner or the Registrar, any product, it amounts to an infringement of copyright as under Section 51 of the Act. However, when the person is holding a certificate issued by the Registrar of Copyright, no infringement is committed. The Bench comprising Justice Niral Mehta...
Right To Be Forgotten Not Absolute, Must Be Balanced With Right To Know : Kerala HC Standing Counsel Tells High Court
The Kerala High Court, on September 15, heard a batch of petitions seeking the removal of identifiable information from judgments or orders published in various online portals and the High Court Website, alleging that it is a violation of the Right to Privacy and Right to be Forgotten. Division Bench consisting of Justice A Mohammed Mushtaq and Justice Sophy Thomas observed that when...
Clause Giving Only Supervisory Powers To Third Party With Respect To Disputes; Not An Arbitration Agreement: Madras High court
The Madras High Court has ruled that where the parties have agreed to give only supervisory powers to a third party with respect to the disputes arising between them, and a clause which does not disclose the intention of the parties to give any adjudicatory powers to the third party, does not qualify as an 'arbitration agreement', as defined under Section 2(1)(b) read with Section 7 of...
EOU Entitled To Claim Deemed Export Drawback On Inputs Which Remained Unutilized With Then-Existing DTA Unit: Delhi High Court
The Delhi High Court has held that duty drawback for goods should extend to unutilized goods which were available at the time of conversion of the Domestic Tariff Area (DTA) unit into a 100% Export Oriented Unit (EOU).The division bench of Justice Rajiv Shakhdher and Justice Tara Vitasta Ganju has observed that the restriction against the claim of concession in duties and taxes applied...
Workmen Compensation Award Must Record Finding On Jurisdictional Fact Whether Injury/Disease Is Caused Incidental To Duties Of Service: Andhra Pradesh HC
In a recent case, the Andhra Pradesh High Court observed that the Commissioner in an award under Workmen Compensation Act, 1923 has to make a specific finding on whether the injury has been caused to employee by accident arising out of and in the course of employment or if the employee has contracted any occupational disease peculiar to that employment. Brief Facts of the...
Kerala High Court Upholds Life Sentence Of Beedi Tycoon Mohammed Nisham For Mowing Down Security Guard Chandrabose
The Kerala High Court, on Friday, dismissed the appeal filed by beedi tycoon Mohammed Nisham against conviction and life sentence in the Chandrabose murder case. Division Bench consisting of Justice K Vinod Chandran and C Jayachandran has upheld the life imprisonment awarded to the accused. ...it is clear that the conscious act of running down a man to cause injuries, which injuries in...
CESTAT Allows Cenvat Credit To Indian Oil On Excise Duty Paid Towards Manufacturing Activity
The Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has allowed the cenvat credit to Indian Oil on excise duty paid towards manufacturing activity.The bench of P.K. Choudhary (Judicial Member) has observed that once duty is paid by the assessee, treating the activity as manufacturing activity by the Department, Cenvat credit is available and there is...
It Is The Bonafide Mistake Of Taxpayer Paying To Railways Instead Of GST Department: Bombay High Court
The Bombay High Court has held that the taxpayer has made a mistake and instead of paying the Government of India through the CGST authorities and the State of Maharashtra through the SGST authorities, the entire amount was paid to the Government of India through Indian Railways. The division bench of Justice K.R. Shriram and Justice A.S. Doctor has directed that the amounts which...