The Arbitrator Cannot Award A Lumpsum Amount As Against Specified Claims Without Adjudicating The Claims: Delhi High Court

The High Court of Delhi has held that an award wherein a lumpsum amount is awarded against the specified claims without adjudication of the claims is unsustainable. The Bench of Justice Vibhu Bakhru held that an arbitral tribunal cannot award a lumpsum amount against specified claims of a party merely to meet the ends of justice. The Court also held that an application under...

S.138 NI Act | Evidence Of Power Of Attorney Holder Not Credible Unless They Possess Due Knowledge Of The Transaction: Kerala High Court

The Kerala High Court on Thursday held that the evidence of a power of attorney holder is not credible unless they possess due knowledge of the transaction:Justice A. Badharudeen observed that a complainant alleging offence under Section 138 should make a specific assertion regarding the knowledge of the power of attorney holder in such transactions. The Judge added that a power of...

Rajasthan High Court Issues Notice On PIL Requiring State To Deposit Central Govt Grants In Nationalized Banks Only

The Rajasthan High Court has recently issued notice on a public interest litigation seeking directions to the state government to keep the grants and aid received from the Central Government in any of the nationalised Banks, instead of AU Small Finance Bank.The plea filed by Advocate Sushil Kumar Singh states that it is matter of surprise as to why the State is not having faith in...

Challenge To Presidential Election Can Be Heard Exclusively By Supreme Court: Delhi High Court

The Delhi High Court has recently observed that a petition challenging Presidential election can only be decided by the Supreme Court.Justice Sanjeev Narula observed that the only remedy in relation to a Presidential election can be by way of an election petition after declaration of the result. Further, Section 14(2) of the Presidential and Vice Presidential Elections Act, 1952 confers...

No Claim Certificate Is Invalid If It Is A Pre-Condition To The Release Of Final Payment: Calcutta High Court

The Calcutta High Court has held that a discharge voucher or No Claim Certificate would be invalid on account of 'Coercion' if it is submitted as a pre-condition to the release of final payment. The Bench of Justice Krishna Rao held that a situation where the employer denies the payment of dues to the contractor unless it submits an undertaking to the employer not to make any...

OTS Proposal Is An 'Acknowledgement Of Debt' Under Section 18 Of Limitation Act: NCLAT Delhi

The National Company Law Appellate Tribunal ("NCLAT"), New Delhi Bench, comprising of Justice Anant Bijay Singh (Judicial Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in Tejas Khandhar v Bank of Baroda, has held that a One Time Settlement (OTS) proposal falls within the definition of 'acknowledgement of debt' under Section 18 of the Limitation...

Similar Matters Pending Before The Facilitation Council Under The MSME Act; Parties Can Be Referred To Arbitration: Jharkhand High Court

The Jharkhand High Court has ruled that merely because one of the parties has approached the Facilitation Council under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act) for adjudication of a similar dispute, the application for appointment of arbitrator cannot be held to be not maintainable. The Single Bench of Justice Sujit Narayan Prasad held that in view of...

A Party Can Withdraw Its Consent For Reference To Arbitration Under Section 89 Of The CPC Anytime Before The Court Acts Upon Such Consent: Gujarat High Court

The Gujarat High Court has held that a party can withdraw its consent for reference to arbitration under Section 89 of CPC anytime before the court has acted upon such a reference. The Bench of Justice Umesh A. Trivedi was dealing with a Special Civil Application under Article 227 against an order of the Civil Judge whereby the application jointly given by the parties to the...

Import Of Tur, Urad And Pigeon Peas From Myanmar, Malawi, Mozambique: DGFT Issues Notification On Quota

The Director General of Foreign Trade (DGFT) has issued a public notice in relation to the implementation of the Memorandum of Understanding (MoUs) between India and Myanmar for the import of urad and tur from Myanmar. The MoU was signed between India and Malawi; India and Mozambique for the import of pigeon peas from Malawi and Mozambique. In pursuance of the Memorandum of...

Section 11(6A) Arbitration Act Does Not Prevent Courts From Considering Issue Of Arbitrability : Supreme Court

Despite the insertion of Section 11(6A) in the Arbitration and Conciliation Act 1996, the Courts are not denuded of the power to examine the issue of non-arbitrability and jurisdiction at the stage of considering application of appointment of arbitrators under Section 11, held the Supreme Court recently.In this case Indian Oil Corporation Limited v. NCC Limited, the Supreme Court...

CBIC Releases FAQs On GST Applicability On "Pre-Packaged And Labelled Goods"

The Central Board of Indirect Taxes (CBIC) has released Frequently Asked Questions (FAQs) on the application of Goods and Services Tax (GST) on "pre-packaged and labelled goods."There were several changes relating to GST rates, in pursuance of recommendations made by the GST Council in its 47th meeting, which come into effect from the 18th of July, 2022. One such change is moving...

Rejuvenation Of Mullassery Canal| Kochi Corporation & State Cite Lack Of Funds: Kerala High Court Urges For Completion

The Kerala High Court on Thursday reiterated that the rejuvenation of Mullassery Canal in Ernakulam city is to be completed, and resources for it would have to be found by the State government. Justice Devan Ramachandran added that the resources have to be found by the Government from any source it pleases. It is necessary and imperative. Rejuvenation of the Mullassery canal is being done...