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Arbitral award set aside as awarded without any basis

July 30, 2022 621 Views 0 comment Print

Held that an arbitral award awarded without any basis and also without adjudication of the claims is unsustainable in law.

Selection of foreign-seated institutional arbitration doesn’t exclude applicability of section 9 of A&C Act

July 29, 2022 1959 Views 0 comment Print

Held that just because the parties have chosen a foreign-seated institutional arbitration under the UNCITRAL Law, it cannot be presumed that an agreement is excluded from the applicability of Section 9

Criminal proceedings not invokable against independent director U/s. 141 of NI Act

July 29, 2022 1935 Views 0 comment Print

Held that an independent director, not in charge or not responsible for day to day conduct of the business, is not liable for offence by invoking section 141 of Negotiable Instrument Act.

Reopening of assessment based on mechanically received approval is bad in law

July 29, 2022 1932 Views 0 comment Print

Held that reopening of assessment on the basis of the approval given in mechanical manner without application of mind is bad in law and liable to be quashed.

Condonation of delay not granted on the basis of vague reasons

July 29, 2022 3552 Views 0 comment Print

Held that it can be make out that the assessee has made an afterthought to file the appeal accordingly condonation of 1070 days cannot be granted on the basis of vague reasons

Moratorium as per section 14 of IBC is applicable to legal proceedings initiated under EPF & MP Act

July 29, 2022 3729 Views 0 comment Print

Held that moratorium under section 14 of the Insolvency and Bankruptcy Code is applicable to legal proceedings initiated in terms of the EPF & MP Act

Application for interim measures once entertained cannot be restricted by constitution of arbitral tribunal

July 29, 2022 1194 Views 0 comment Print

Held that the restriction contained under Section 9(3) of the Arbitration and Conciliation Act, 1996 doesn’t apply once an application under Section 9(1) for interim measures has been entertained by the Court.

Decision by General Manager on notified claims not subjected to arbitration proceeding

July 29, 2022 963 Views 0 comment Print

Held that once such a dispute falls within the excepted matters, any decision by the General Manager on the issue of Notified Claims cannot be the subject matter of arbitration proceeding.

No penal interest applicable on amount given prior to 1st April 2014 for share allotment

July 29, 2022 1611 Views 0 comment Print

Held that as per Rule 2(b)(vii) of Companies (Acceptance of Deposits) Rules, 1975 read with General Circular No. 15/2015, the share application money given by the Petitioner for allotment of shares cannot be treated as deposits. Hence, penal interest not available to the petitioner.

Defect liability period will not arise when the work is not performed

July 28, 2022 4350 Views 0 comment Print

Held that BGs can be invoked within/ before 90 days from the date of expiry of defect liability period. However, the defect liability period would arise only after the completion of the work.

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