Admittedly, no limitation is provided for filing an appeal under Section 3G(5) of National Highways Act, 1956. Therefore, it can be construed, as held in the aforesaid judgments, that Article 137 of the Limitation Act would stand applicable to such cases.
NCLT held that IBC does not protect the interest or claim of a Partner against another Partner or the Partnership Firm.
Respondent cannot be presumed to have submitted to the jurisdiction of Court and waived its right to arbitration when it had reserved its right to take appropriate legal proceedings against plaintiff.
Since the petitioners are having effective and statutory remedy before the Appellate Authority, they cannot come to this Court invoking Article 226 of the Constitution of India.
The process of law cannot be taken recourse to circumvent the due procedure prescribed in law. There is further no reason why the petitioner cannot take recourse to institution of appropriate proceedings before the competent authorities in accordance with law.
DCIT Vs Interjwel private limited (ITAT Mumbai) The assessee submitted that in a diamond business world over there are estimated 8000 – 10,000 different qualities of diamonds price of which depends on various factors and note to diamonds can have the same price as valuation also depends upon the perception of individual businessman. Assessee therefore […]
If the assessee did not adhere to the surrender made during the survey, it was for the AO to bring on record cogent material or other evidence to support the additions rather than rely on the statements simpliciter.
Assessee, being co-operative society, is out of the provisions of section 80P(4) and eligible for deduction under section 80P(2)(a)(i)
Bali Nagwanshi Vs State of Chhattisgarh (Chhattisgarh High Court) The main contention of the respondent State, respondent-BRPL and respondent- Union of India is this that the whole process for determination of compensation was based on fraud and criminal conspiracy, as out of numerous land oustees, only two of them, namely, Bali Nagwanshi and Neelima Belsariya […]
