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Application for appointment of arbitrator maintainable despite application to MSME Facilitation Council

August 3, 2022 873 Views 0 comment Print

National Collateral Management Services Limited Vs Maa Diwri Rice Mill Pvt. Ltd (Jharkhand High Court) The question which has been raised by the learned counsel for the respondent that the similar issue is pending adjudication before the Council constituted under the MSME Act, 2006, therefore, the instant application is not maintainable. This Court, is not […]

CPC procedural formalities cannot be abused as instrument of oppression

August 3, 2022 4206 Views 0 comment Print

Held that the procedural formalities in the CPC are intended to facilitate litigation by stating the procedure to be followed and not to be abused as an instrument of oppression to frustrate validly instituted proceedings.

A Party can withdraw its consent to Arbitration any time before court takes up the matter & refers parties

August 3, 2022 3471 Views 0 comment Print

Krishna Calibration Services Vs Jasmin Bharat Patel (Gujarat High Court) It is clear that the application purported to be under Section 89(2)(a) of ‘the Code’ came to be filed on 20.03.2014 jointly requesting the Court that there is element of settlement, which is acceptable to the parties, it may be sent to the Arbitrator selected […]

Section 34 Arbitration proceeding before Two Fora not maintainable: HC

August 3, 2022 747 Views 0 comment Print

Sanganer Enviro Project Development Vs State of Gujarat (Gujarat High Court) Learned advocate Mr. Sheth, appearing for respondent No.3 has submitted that in fact, the prayers made in the writ petition would not survive, since after the impugned order dated 26.11.2020, an arbitral award has been passed in the arbitration proceedings being Arbitration Award No.11 […]

Definition of public authority under RTI Act has no relevance to Section 340 of Cr.P.C.

August 3, 2022 945 Views 0 comment Print

Rakesh Kumar Sharma Vs Mother Dairy Fruit & Vegetables Pvt Ltd. (Delhi High Court) The present case, admittedly, does not deal with the RTI Act. The definition of public authority as contained in Section 2(h) of the RTI Act has no application or relevance, whatsoever, in the present case, which is in the nature of […]

Vehicle involved in crime cannot be returned to owner when confiscation proceedings are pending

August 3, 2022 1764 Views 0 comment Print

Interim custody of the vehicle which is dismissed by the order, dated 25.02.2022 on the ground that confiscation proceedings are already initiated and pending and therefore, it is not desirable to hand over the interim custody of the vehicle to the petitioner.

S.138 NI Act | HC explains Law related to reliance on evidence presented by power of attorney holder

August 3, 2022 8868 Views 0 comment Print

Shibu. L.P. Vs Neelakantan (Kerala High Court) Law is settled on the point that a complaint alleging commission of offence under Section 138 of the Negotiable Instruments Act can be presented through the power of attorney holder and the power of attorney holder can depose and verify on oath before the court in order to […]

No Section 40(a)(ia) Disallowance for TDS shortfall due to difference of opinion

August 3, 2022 1662 Views 0 comment Print

PCIT Vs Future First Info. Services Pvt. Ltd (Delhi High Court) No Disallowance under Section 40(a)(ia) for TDS shortfall due to any difference of opinion  Section 40(a)(ia) of the Act refers only to the duty to deduct tax and pay to government account. If there is any shortfall due to any difference of opinion as […]

Assessee’s bank account cannot be blocked without complying provisions embedded u/s 83 of CGST Act

August 2, 2022 5847 Views 0 comment Print

HC quashed the letter issued by the Revenue department for blocking assessee’s bank account as it does not comply with the perquisites embedded under Section 83 of CGST Act 2017

GST paid twice – Relegating petitioner to Appellate authority would not be appropriate: HC

August 2, 2022 1353 Views 0 comment Print

Tafe Access Ltd. Vs Deputy Commissioner of Central Tax (Karnataka High Court) undisputed facts of the case are, GST3 has been paid for the Assessment year 2017-18 on January 30, 2020 and refund application has been filed on July 07, 2020. In Para 4.2 of the Circular dated September 25, 2021, Ministry of Finance has […]

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