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When Agreement Gets Extended By Conduct Of Parties, Arbitration Clause Also Gets Extended: Allahabad High Court
The Allahabad High Court has recently held that when an agreement is extended by the conduct of the parties, though it may have expired on paper, the applicability of the arbitration clause is also extended.Relying on the decision of the Supreme Court in Bharat Petroleum Corporation Ltd. vs. Great Eastern Shipping Co. Ltd., the bench of Chief Justice Arun Bhansali and Justice Kshitij...
'Left Alone To Endure An Unspeakable Destiny': Kerala High Court Flags Systemic Failure In Handling Of Deported Indian Citizen
The Kerala High Court has expressed concern over the manner in which the authorities have handled Suraj Lama, an Indian citizen deported from Kuwait who allegedly went missing after landing at Kochi International Airport.A Division Bench comprising Justice Devan Ramachandran and Justice M B Snehalatha, while considering a habeas corpus petition filed by the son of the missing person observed...
Suspended Director Cannot Dispute Admitted Claim After Company Initiates CIRP On Same Debt: NCLAT
The National Company Law Appellate Tribunal has held that when a company itself triggers insolvency proceedings on the basis of a bank's debt, its suspended directors cannot later turn around and claim that the lender's dues are time-barred.“When the Appellant itself claim that insolvency resolution process be initiated against the CD on the basis of debt of SBI which application was filed...
RP Cannot Revisit Or Re-Decide RERA's Findings While Verifying Claims: NCLT Allahabad
The National Company Law Tribunal (NCLT), Allahabad Bench, has held that a Resolution Professional has no power to re-litigate or sit in judgment over findings recorded by a real estate regulator while verifying claims during insolvency proceedings. The tribunal ruled that where such findings are under challenge in appeal, the Resolution Professional is justified in treating the claim...
'Brazenly Abused Freedom Of Speech' : Supreme Court Refuses Plea To Quash FIR Over Post Against Prime Minister
The Supreme Court on Thursday refused to entertain a writ petition filed by BJP worker Gurudath Shetty, a resident of Bengaluru, seeking quashing of an FIR registered against him by the Gujarat Police over a social media post allegedly targeting Prime Minister Narendra Modi.A Bench comprising Chief Justice of India Surya Kant, Justices Joymalya Bagchi and Vipul Pancholi was hearing Shetty's...
'Cut-Off Date In Welfare Scheme Not Sacrosanct': Bombay High Court Allows Monetary Benefit Claim By Heirs Of Deceased COVID Frontline Staff
The Bombay High Court has held that the cut-off date prescribed under a welfare scheme meant for COVID-19 frontline workers cannot be applied in a rigid or technical manner so as to defeat the very object of the scheme. The Court observed that such schemes must receive a liberal and beneficial interpretation, particularly where a frontline worker contracted COVID-19 during the currency of...
Woman Advocate Approaches Supreme Court Alleging 14 Hour Illegal Detention & Custodial Sexual Assault By Noida Police
The Supreme Court today issued notice to the Centre on a writ petition filed by a woman advocate alleging that she was illegally detained for fourteen hours overnight at a police station in Noida and subjected to custodial sexual assault, torture and coercion by police officials while discharging her professional duties.A bench of Justice Vikram Nath and Justice NV Anjaria issued...
Bombay High Court Quashes Tax Notices Issued Against Mumbai Company After SVLDRS Settlement
The Bombay High Court has held that once a dispute is settled under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 and a Discharge Certificate is issued, tax authorities cannot reopen the matter. A Division Bench of Justice M S Sonak and Justice Advait M Sethna set aside two show cause notices issued by officers of the Central GST Audit-II wing, Mumbai, after the dispute was...
Income Tax Act | S.54 Relief Cannot Be Denied Merely Due To Delay In Registration If Sale Proceeds Invested Within Time: ITAT Chennai
The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) held that deduction under Section 54 of the Income Tax Act cannot be denied merely due to delay in registration if investment in new residential property is made within the prescribed time. Section 54 of the Indian Income Tax Act, 1961 offers individuals and Hindu Undivided Families (HUFs) an exemption from long-term...
Customs Brokers Cannot Be Punished For Bona Fide Classification Claims Made On Basis Of Importer Instructions: CESTAT Mumbai
The Mumbai Bench of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) has set aside a penalty imposed on a licensed Customs House Agent (CHA), holding that merely claiming an exemption or classification as per the importer's instructions does not amount to misdeclaration or misconduct. A Bench comprising Dr. Suvendu Kumar Pati (Judicial Member) and M.M....
Gujarat High Court Orders Release Of Imported Distillate Oil Seized For Not Meeting Criteria, Says Test Didn't Clearly Say If It Was Diesel
The Gujarat High Court recently directed release of imported distillate oil which was earlier seized on the ground that it did not meet the parameters of distillate oil, holding that the test report did not definitively conclude that the Distillate Oil was Diesel, to an extent that it would change the nature of classification from Distillate Oil to Diesel. Distillate oil is a form of liquid...
