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Arbitrator assigning other person for interest quantification is against principle of natural justice

October 8, 2022 1656 Views 0 comment Print

Calcutta High Court held that an arbitrator cannot shun away his responsibilities and leave the work of quantification of awarded interest on chartered accountant. Accordingly, held that arbitration award suffers infirmity.

GST: 30 days notice should be granted to file reply of SCN under Section 73

October 6, 2022 7695 Views 0 comment Print

Sheetal Dilip Jain Vs State of Maharashtra & Ors. (Bombay High Court) Bombay High Court  held that minimum 30 days time should be granted to file reply in all cases of issuance of SCN under Section 73 of the Maharashtra Goods and Services Tax Act, 2017. It will equally apply to Section 73 and 74 […]

Section 30 of Advocates Act Confers no Right to Park Vehicle Inside Court Premises

October 5, 2022 9249 Views 0 comment Print

Section 30 of the Advocates’ Act confers the right on the Advocates to practice. The same does not confer any right on any advocate to park his/her vehicle inside Court premises. There is no element of public interest involved in this petition. The petition is misconceived. In the result, the same is dismissed.

Mere notice Issuance Not Attracts Doctrine of ‘Stare Decisis’

October 5, 2022 1101 Views 0 comment Print

Keshav Kanshkar A Class Electrical Contractor Vs Principal Secretary Department of Energy (Madhya Pradesh High Court) ‘Precedent’, refers to a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar issues. ‘Precedent’, is incorporated into the doctrine of ‘stare decisis’, and requires courts to apply the law […]

Every partner is liable, jointly, and severally, for all acts of the firm

October 5, 2022 4269 Views 0 comment Print

Liability of a partner for acts of the firm. Every partner is liable, jointly with all the other partners and also severally, for all acts of the firm done while he is a partner.

GST Refund Application: Period From 01.03.2020 to 28.02.2022 excludable in Limitation calculation

October 5, 2022 1938 Views 0 comment Print

Gandhar Oil Refinery (India) Ltd. Vs Assistant Commissioner of Sales Tax (Andhra Pradesh High Court) A perusal of material on record would show that GST refund application came to be made by the petitioner was on 22.09.2021, for the Tax period May, 2018 to May, 2019. Though, learned Government Pleader would contend that the said […]

Not providing details of fake invoices & forms with SCN is a serious lapse: HC

October 4, 2022 3273 Views 0 comment Print

HC held that, GST Notice which failed to mention allegations of fake invoices against assessee is not valid and warned department to strictly give proper training to officers.

Court can extend timelines of One Time Settlement with bank

October 4, 2022 3840 Views 0 comment Print

Telangana High Court held that the court can extend the timelines of One Time Settlement Scheme (OTS) on examination of the facts therein and also satisfying the reasons mentioned therein by the loanee.

Blood relatives not restricted as workman under Employees Compensation Act

October 4, 2022 3570 Views 0 comment Print

Karnataka High Court held that there is no prohibition under the Employees Compensation Act for blood relatives to be employer and employee.

Modification of arbitral award not allowed due to limited scope of 34 of Arbitration Act

October 4, 2022 5775 Views 0 comment Print

Delhi High Court held that considering the limited scope of judicial review u/s. 34 of the Arbitration Act, court cannot modify the arbitral award by awarding interest to the appellant.

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