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All High Courts

Innocent party should not suffer for inaction of his consultant: HC

August 17, 2022 5169 Views 0 comment Print

Held that innocent party should not suffer for the inaction, deliberate omission or misdemeanor of his counsel/ consultant as long as there are no willful latches and negligence on the part of the party.

Use of marks ‘facebake’/ ‘facecake’ restrained by Delhi High Court

August 17, 2022 1071 Views 0 comment Print

Held that overall visual representation adopted by the defendants using mark facebake/ facecake clearly depicts the mala fide intent in obtaining unfair advantage by use of the mark similar to the plaintiff i.e. facebook

FIR quashed as Company not an accused & no direct allegations against directors

August 17, 2022 13380 Views 0 comment Print

Held that criminal proceedings cannot continue against the directors against whom there is no direct allegations of mala fide and importantly the company is not made an accused.

Misusing the mark ‘KHADI’ for promoting medical products not condoned

August 17, 2022 840 Views 0 comment Print

Held that the Defendants use of the mark KHADI would be violative of the Plaintiffs rights in the said mark, and that such use would also cause immense harm to the consumers in view of the nature of the products which are being sold by the Defendants, the present suit is liable to be decreed.

Cut/sized share trees not liable to tax under TNGST Act, 1959

August 17, 2022 2721 Views 0 comment Print

Held that that the cut/ sized shade trees would constitute agricultural produce and therefore, fall outside the purview of TNGST Act, 1959.

Allahabad HC imposed Cost of Rs. 50 Lakh on Department for creating illegal Income Tax demand

August 17, 2022 25023 Views 1 comment Print

Allahabad HC quashed Income Tax reassessment Order notices for violating principle of natural justice & imposed Rs. 50 Lakh cost on Officers

There has to be neutrality in arbitrator selection process

August 16, 2022 2364 Views 0 comment Print

Held that law mandates neutrality for both arbitrator and arbitrator selection process. Interim award passed by the arbitration who was appointed in contravention of provisions is unenforceable.

Principle of lifting corporate veil cannot be invoked without opportunity of being heard

August 16, 2022 1770 Views 0 comment Print

Held that principle of lifting the corporate veil was invoked without giving an opportunity of being heard violates the principles of nature justice and hence untenable

Appeal can be filed by person opting to make payment of tax & penalty on detention/seizure

August 16, 2022 7071 Views 0 comment Print

Held that person seeking to make payment of tax and penalty u/s. 129(1)(a) of the CGST Act cannot be deprived from filing an appeal u/s 107

Affiliation fee collected by university is outside the purview of service tax

August 16, 2022 2580 Views 0 comment Print

Held that services being provided by the University by collecting affiliation fee has to be considered as the service by way of education. Accordingly, exempt from service tax as per clause (l) of section 66D.

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