Kapri International Pvt. Ltd. (In Liquidation) Through Liquidator Vs CIT (Delhi High Court) Held that any proceeding challenging a decision by the department in respect of tax, interest, penalty, fee etc. would come within the purview of a ‘dispute’ which would enable a party to approach the department for a resolution under the Direct Tax […]
Bombay HC held that Amendment to Section 34 Arbitration Application cannot be allowed if it constitutes a fresh challenge
Possible extent of claim likely to be awarded cannot be a foregone conclusion. Arbitrator fell in error by exercising Section 17 jurisdiction for securing the amount
Veena Joshi Vs CPIO (Delhi High Court) The Delhi High Court has held that the words “inspection of work” under Section 2(j) of the Right To Information (RTI) Act, 2005 does not include “inspection of property” under its ambit. Section 2(j) stipulates that right to information means the right to information accessible under the Act […]
Swastik Pipe Ltd Vs Dimple Verma (Delhi High Court) In terms of Section 7(4)(b) of Arbitration and Conciliation Act, 1996, it is clear that arbitration agreement can be derived from exchange of letters / telex / telegram or other means of communication including through electronic means and if it is shown that the parties are […]
Magirsha Industries Vs Gujarat State Fertilizer And Chemicals Limited (Gujarat High Court) Issue relating to power of this Court to extend the mandate, insofar as the references made by MSME is seriously disputed by respondent counsel. Having regard to the fact that sub-section (3) of section 18 of MSME Act, 2006 that the provision of […]
Engineering Control Vs Banday Infratech Pvt. Ltd (Jammu & Kashmir High Court) The only ground urged by the petitioner for challenging the impugned complaint and the order of taking cognizance is that statutory notice of demand has not been served upon him, inasmuch as the address on which the respondent has dispatched the said notice […]
State of Gujarat Vs Hasmukhbhai @ Harshadbhai Dahyabhai Makwana (Gujarat High Court) Present complaint is filed merely on suspicion and doubt. Suspicion, however strong, cannot take the place of proof, the Hon’ble Supreme Court has said, stressing that an accused is presumed to be innocent unless proved guilty beyond a reasonable doubt. No doubt the alleged offence […]
Rakesh Jain Vs Central Bureau of Investigation (Punjab & Haryana High Court) There is a merit in the arguments raised by learned counsel for the respondent-CBI that Investigating Officer, who conducted the investigation in part, has collected various documents from the financial institutions like Banks, Income Tax Department, schools or insurance companies etc., which have […]
Held that when two choices are available, one under the provisions of the Payment of Gratuity Act and the other under such arrangement with the employer and if the latter offers better terms, the employee cannot be denied the right to receive those higher benefits.
