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A Person can be prosecuted under both section 420 of IPC & section 138 of NI Act

August 4, 2022 47520 Views 0 comment Print

Held that offences under Section 138 of the NI Act and Section 420 of IPC are distinct from each other because ingredients of the two offences are different. Person can be prosecuted under both the said sections.

Yes bank being a private bank is not amenable to writ jurisdiction

August 4, 2022 6657 Views 0 comment Print

Held that the respondent i.e. Yes bank being a private Bank is not amenable to the writ jurisdiction of this Court.

GSTN may provide additional field to feed vehicle type in E-way bill Form: HC

August 4, 2022 1686 Views 0 comment Print

Riadi Steels LLP Vs State of U.P. (Allahabad High Court) The GSTN authority is required to consider the feasibility of providing an additional field in the online form to be filled by dealers/transporters to obtain E-way bill, such that an additional field may be provided to feed the vehicle type i.e. normal or ODC etc., […]

Bail granted in GST tax evasion case as accused already undergone 1½ year of actual sentence

August 4, 2022 1086 Views 0 comment Print

Held that the power to grant bail is not to be deployed as a mechanism for imposing sentence even before a guilt is yet to be proved and established.

SEIS benefits cannot be denied for not having IEC registration at the time of export

August 4, 2022 7644 Views 0 comment Print

Smarte Solutions Pvt. Ltd. Vs Union of India (Bombay High Court) The Hon’ble High Court, Bombay in the matter of M/s Smarte Solutions Pvt. Ltd v. Union of India [Writ Petition no. 503/2021 dated July 27, 2022] directed the department to consider the application for Services Export from India Scheme (“SEIS”) benefits on the ground […]

Application for appointment of an arbitrator dismissed in absence of arbitration agreement

August 4, 2022 1629 Views 0 comment Print

Held that Manual issued by the Government suggesting settlement of dispute by arbitration would not amount to execution of arbitration agreement between the parties. Application u/s 11(4) & 11(6) dismissed as no arbitration agreement exists between the parties.

Machine and DG sets under seal for more than two years is without jurisdiction

August 4, 2022 999 Views 0 comment Print

Held that the machine and two DG sets are under seal for more than two years. The impugned action of the department is wholly without jurisdiction for which the petitioner is liable to be compensated

Right to settle dispute in arbitration proceedings once waived cannot be reclaimed

August 4, 2022 2886 Views 0 comment Print

Held that as per the reply notice, the petitioner has waived the right to settle the dispute in an arbitration proceedings. Accordingly, if the right is once waived it cannot be allowed to be reclaimed.

Arbitration application u/s 8(1) is to be filed within statutory period to file written statement

August 4, 2022 8412 Views 0 comment Print

Held that right to file the application u/s 8(1) of A&C Act, after the statutory period to file the written statement, is closed

Summon u/s 108 is not contrary to the provisions of Cr.P.C.

August 4, 2022 4455 Views 0 comment Print

Held that as summoning of the petitioners by the respondents would not amount to taking any coercive steps like arresting them or prosecuting them, but only to proceed forward with the investigation. Such summons not contrary to the provisions of Cr.P.C.

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