Guarantor Cannot Enjoy 'Right Of Subrogation' Even After CIRP Against Principal Debtor Gets Concluded: NCLT Hyderabad

The National Company Law Tribunal ("NCLT"), Hyderabad Bench, comprising of Dr. N. Venkata Ramakrishna Badarinath (Judicial Member) Shri Veera Brahma Rao Arekapudi (Technical Member), while adjudicating a petition filed in State Bank of India v Shri. Ghanshyam Surajbali Kurmi, has held that a guarantor cannot enjoy a right of subrogation even after the Corporate...

Impossible For The Party To Fulfil Its Obligations Under The Contract; Parties Cannot Be Referred To Arbitration: Telangana High Court

The Telangana High Court has ruled since it was impossible for a party to fulfil its obligations under an agreement, in view of the doctrine of frustration, the parties cannot be referred to arbitration, despite the presence of an arbitration clause. The Single Bench of Chief Justice Ujjal Bhuyan observed that though the lease deed between the parties contained an arbitration...

Madras High Court Quashes Non-Speaking Order Rejecting The GST Registration Application

The Madras High Court bench of Justice Anitha Sumanth has quashed the non-speaking order rejecting the GST registration application. The petitioner had made an application seeking registration in accordance with Section 22 read with Section 25 of the CGST Act and Rule 8 of the CGST Rules. The registration sought was in respect of a rice mandi. The receipt of the application was...

CBIC Notifies Deputy DRI Or Assistant DRI To Act As The Proper Officer Under The Customs

The Central Board of Indirect Taxes and Customs (CBIC)has notified the Deputy DRI or Assistant DRI to act as the proper officer under the Customs. The CBIC has issued amendments to its earlier issued Notification No. 26/2022-Customs (N.T) dated March 31, 2022, which assigned certain officers in relation to the functions under the Customs Act, 1962. The Board has added New SI. No. 4A...

Pulwama Terror Attack: J&K&L High Court Dismisses Accused' Appeal Claiming 'Plea Of Juvenility'

The Jammu & Kashmir & Ladakh High Court today dismissed an appeal filed by an accused in the 2019 Pulwama Terror Attack, claiming that he was a juvenile at the time of the alleged offence. While dismissing his appeal against an order of Special NIA Court, a Division bench comprising Justices Rajnesh Oswal & Mohan Lal observed, "this court has no hesitation to hold...

ITAT Directs Revenue To Give Effect To High Court Order Holding Software License Charges Received By EY Not Taxable As 'Royalty'

The Delhi Bench of ITAT has directed the revenue authorities to give effect to the order passed by the Delhi High Court in favour of EY Global Services Limited (UK) (EYGSL (UK), holding that payments received by EYGSL (UK) from its member firms in India, towards Software License and Maintenance Charges, Global Technology Charges and GWAN Connectivity Charges, are not taxable in...

Doctors Has Treated The Patient As Per Reasonable Standards And Care; No Negligence Or Deficiency On Their Part; NCDRC

The bench of National Commission comprising Justice R.K. Agrawal, President and Dr. S.M. Kantikar, Member has observed that, the limb salvage surgery was not done forcibly, but it was done after obtaining the informed consent of the Patient. It was the due diligence of team treating doctors, which avoided amputation of right Leg. The Patient, thereafter, could walk on his own feet...

[Order 1 Rule 10 CPC] Can't Compel Plaintiff To Wage Legal Battle Against A Person Against Their Will: Bombay High Court

The Bombay High Court has held that a plaintiff cannot be forced to sue third parties who have no interest or share in the suit property. "..the plaintiff is dominus litis which latin expression means that the plaintiff is the master of the suit," the court stated. It added that the only exception to this would be if the law necessitated the presence of third party, either...

NCLAT Principal Bench To Resume Physical Hearing From 1st August

The National Company Law Appellate Tribunal, New Delhi, has released a Standard Operating Procedure (SOP) dated 15.07.2022 for conduct of physical hearing before the NCLAT Principal Bench, New Delhi from 01.08.2022 onwards. The SOP has been released exclusively for the hearings before NCLAT Principal Bench, New Delhi and the decision to resume physical hearing has been taken in light...

Police Officer Cannot Summon A Person For Investigation From Outside Territorial Limits Of His Station Or Adjoining Station: Delhi High Court

The Delhi High Court has held that as per Section 160 CrPC, for the purposes of investigation, a police officer cannot summon a person situated outside the territorial limits of his police station or at most the territorial limits of his adjoining police station.The provision empowers Police officers to require attendance of witnesses.A single judge bench comprising of Justice Poonam A....

Breach Of Compulsory Service Bond: Madras High Court Orders Doctor To Either Serve For 2 Yrs Or Pay ₹50 Lakh As Damages

The Madras High Court recently directed a doctor, who was in violation of his compulsory service bond executed for a period of 10 years, to either serve a bond period of two years or pay an amount of Rs. 50 lakh in breach thereof. The court thus set aside the impugned order passed by the Dean of Tirunelveli Medical College wherein the college had called upon the young Doctor to pay a sum of Rs....

Scholarship Amount To Be Directly Remitted To College Management's Bank Account For Students With A Larger Family Income: Kerala High Court To Govt

The Kerala High Court recently asked the State to remit the Scholarship amount to the students with an Annual Family Income below Rs.2,50,000/- into their designated accounts and to ensure that this amount is paid by them into the accounts of the Colleges/Managements within a one week or so.Justice Devan Ramachandran also clarified that the amount shall be directly remitted to the account of...