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Archive: July, 2022

Posts in July, 2022

Fresh Limitation period starts from the day of acknowledgment of debt in Balance Sheet

July 2, 2022 6387 Views 0 comment Print

UCO Bank Vs GIT Textiles Manufacturing Limited (NCLT Kolkata) Corporate Debtor contended that the instant petition is barred by limitation. It can be seen that the date of default is mentioned to be 30.09.2012 i.e the date on which the account became NPA. Accordingly, the limitation period for filing the application would ordinarily end on […]

Place of Residence of Arbitrator not determines the jurisdiction of Arbitration

July 2, 2022 735 Views 0 comment Print

S. Square Infra Vs Garneni Chalapathi Rao (Telangana High Court) The learned counsel for the petitioner mainly contended that as the respondents nominated the Arbitrator residing at Hyderabad, only the Courts at Hyderabad are having jurisdiction but not the Courts at Sangareddy and thus, sought for transfer. Admittedly, the offer of the respondents was rejected […]

Courts bound to Consider all Contentions while deciding Bail Applications

July 2, 2022 768 Views 0 comment Print

When a bail petition is filed, the Court is bound to take into consideration all the contentions raised and pass an appropriate order. It is necessary to look into the material on record which prima facie connects the accused with the crime and adverting to those materials

SC Affirms Cost of Rs 5 Lakhs Imposed on Litigant for Frivolous Litigation’

July 2, 2022 3012 Views 0 comment Print

Charu Kishor Mehta Vs Prakash Patel & Ors. (Supreme Court) Apart from making a bald statement of collusion between Defendant Nos. 1, 2 & 4 and the secured creditor, i.e., M/s. Phoenix A.R.C. Pvt. Ltd. there is nothing substantial as to how and as to what precise fraud has been committed. The only case of […]

HC Orders Blocking of Website ‘myvoltascare.com’ for Trademark Infringement

July 2, 2022 510 Views 0 comment Print

Voltas Limited Vs Ashok Kumar (Delhi High Court) It has been submitted that the present suit has been filed seeking permanent injunction restraining Defendant No. 1 from infringing the plaintiff‟s registered trademark(s) through use of the registered and well-known trademarks VOLTAS and/or the VOLTAS Logo on the website www.myvoltascare.com, passing off the Impugned Website as […]

HC grants bail to CA arrested under Prevention of Corruption Act, 1988

July 2, 2022 2238 Views 0 comment Print

HC court is of the view that applicant-petitioner is a Chartered Accountant and not a public servant. Thus provisions of Prevention of Corruption Act, 1988Act cannot be involved against a private person alone, is a question worth consideration.

Vendor Not Liable For Adulteration in Food Articles Purchased From Manufacturer with Written Warranty

July 2, 2022 2454 Views 0 comment Print

Vendor shall not be deemed to have committed any offence. If he has purchased the article of food in any other status from any manufacturer, distributor or dealer with written warranty in the prescribed form

PPF Account cannot be attached by banks for Settlement of Debt/ Liability

July 2, 2022 12720 Views 0 comment Print

Public Provident Fund account shall not be liable to any attachment in respect of any debt or liability incurred by the account holder.

Court should not decide a matter on hyper technical & unwarranted grounds

July 2, 2022 876 Views 0 comment Print

The Court below ought to have granted the petitioners an opportunity to cure defect in the written statement, instead of taking the drastic step of rejecting the application. It is trite, Courts should make every endevour to dispose of a case on merits rather than on default.

Alternative remedy not a bar to entertain writ petition if question of jurisdiction is involved

July 2, 2022 864 Views 0 comment Print

Imax Infrastructure Private Limited Vs Deputy Commissioner (Calcutta High Court) Mr. Ghosh also raised point of maintainability of the writ petition on the ground of availability of alternative remedy by way of an appellate forum but the same is not sustainable for the reason that it is a well settled principle that alternative remedy is […]

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