Kerala High Court Weekly Round-Up: January 30 To February 5, 2023

Nominal Index [Citation: 2023 LiveLaw (Ker) 48-62]Dr. Drisya D.T. & Ors. v. Dr. Kiran & Ors. 2023 LiveLaw (Ker) 48Bijy Paul v. The Marriage Officer and Ors. 2023 LiveLaw (Ker) 49Akshay Raj v. Ministry of Law and Justice & Ors. and other connected matters 2023 LiveLaw (Ker) 50The Secretary, Sree Avittom Thirunal Hospital v. State of Kerala & Ors. 2023 LiveLaw (Ker)...

Arbitration Cases Weekly Round-Up: 29 January To 4 February, 2023

Bombay High Court: Court Not Powerless To Appoint Appropriate Arbitral Tribunal, Even If Party Forfeits Its Right Under Arbitration Clause: Bombay High Court Case Title: PSP Projects Limited versus Bhiwandi Nizampur City Municipal Corp The Bombay High Court has ruled that even if a party’s right to appoint its nominee in the Arbitral Tribunal as per the arbitration clause,...

Supreme Court Yearly Civil Digest 2022

AadhaarAadhaar Act 2016 - UIDAI directed to issue Aadhaar cards to sex workers without insisting proof of residence. Budhadev Karmaskar v. State of West Bengal, 2022 LiveLaw (SC) 525Act of GodAct of God - Meaning - When nothing of any external natural force had been in operation in a violent or sudden manner, the event of the fire in question could be referable to anything but to an act of God...

Tax Cases Weekly Round-Up: 29 January To 4 February 2023

Supreme Court S.153A Income Tax Act| Can Assessments Be Reopened If No Incriminating Material Is Found During Search? Supreme Court Reserves Judgment Case Title : PR. COMMISSIONER OF INCOME TAX CENTRAL v. ABHISAR BUILDWELL P. LTD The Supreme Court on Thursday reserved its judgment on whether in an assessment under section 153A of the Income Tax Act, besides the...

Arbitration Cases Monthly Round-Up: January 2023

Supreme Court: Starting Point Of Limitation U/ Section 34(3) Arbitration Act In Cases Of Suo Motu Correction Of Award: Supreme Court Explains Case Title: USS Alliance versus State of Uttar Pradesh The Supreme Court has observed that the starting point for the limitation under Section 34(3) Arbitration and Conciliation Act, in case of suo moto correction of the award, would be...

Supreme Court Annual Digest 2022 - Criminal Major Acts

Code of Criminal Procedure 1973 Code of Criminal Procedure, 1973 - Appeal against High Court order setting aside criminal proceedings on the ground that taking cognizance by magistrate was barred by limitation - Allowed - The High Court made a fundamental error in assuming that the date of taking cognizance i.e., 04.12.2012 is decisive of the matter, while ignoring the fact that...

Supreme Court Monthly Digest- January 2023

Supreme Court Monthly Digest- January 2023 With Nominal And Statute/Subject Wise Index (Citations 1 to 67)SUBJECT WISE INDEXAdministrative LawAdministrative Law – Well established principle of - An adjudicatory body cannot base its decision on any material unless the person against whom it is sought to be utilised has been apprised of it and given an opportunity to respond to it. [Para...

Supreme Court Monthly Criminal Digest- January 2023

SUBJECT WISE INDEXBailSupreme Court disapproves Allahabad HC dismissing several bail applications on the same day for default. Rahul Sharma v. State of Uttar Pradesh, 2023 LiveLaw (SC) 64Supreme Court overturned a bail condition imposed by the High Court that a person accused of illegally claiming Input Tax Credit must deposit Rs. 70 lakhs, the alleged amount of improperly claimed ITC -...

Orissa High Court Monthly Digest - January 2023 [Citations 1-13]

Nominal IndexAnimesh Chakraborty v. State of Odisha, 2023 LiveLaw (Ori) 1Vedanta Limited, Jharsuguda v. Union of India, 2023 LiveLaw (Ori) 2Soli @ Sulachana Jena & Anr. v. Chief Executive Officer, NESCO (Electrical), Balasore & Anr., 2023 LiveLaw (Ori) 3Sk. Jumman @ Badruddin v. State of Odisha, 2023 LiveLaw (Ori) 4Santosh Kumar Nayak v. State of Odisha, 2023 LiveLaw (Ori) 5Girish...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 55 - 67) [January 23 – 31, 2023]

SUBJECT WISE INDEX Bail Supreme Court disapproves Allahabad HC dismissing several bail applications on the same day for default. Rahul Sharma v. State of Uttar Pradesh, 2023 LiveLaw (SC) 64 Supreme Court overturned a bail condition imposed by the High Court that a person accused of illegally claiming Input Tax Credit must deposit Rs. 70 lakhs, the alleged amount of...

Tax Cases Monthly Round-Up: January 2023

Indirect Taxes Supreme Court Sabka Vishwas Scheme : Supreme Court Grants Relief To Company Which Missed Deadline Due To IBC Moratorium Case Title: Shekhar Resorts Limited vs Union of India Citation : 2023 LiveLaw (SC) 15 No one can be expected to do the impossible, the Supreme Court remarked while granting relief to a company which could not avail the benefit of settlement...

Monthly Digest Of IBC Cases: January 2023

Supreme Court “Inappropriate, Almost Bordering On Contempt”: SC Deprecates NCLAT Order Impeding Implementation Of SC Order Case Title: Indiabulls Housing Finance Ltd. v Iirf India Realty Xii Ltd. & Ors. Case No.: CIVIL APPEAL NO.9062/2022 The Supreme Court Bench comprising of Justice Sanjay Kishan Kaul and Justice Abhay S. Oka while adjudicating an appeal has set...