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HC stays Proceedings based on Notice issued by DRI

May 22, 2022 1062 Views 0 comment Print

Vijay Baid @ Vicky Vs Union of India (Chhattisgarh High Court) Learned counsel for the petitioner would submit that pursuant to arrest made by Directorate of Revenue Intelligence (DRI) on 01.05.2021 of two persons at Railway Station- Raipur, DRI further searched the house of petitioner on the same date and have seized gold bar, silver […]

Both Signature & Thumb Impression not Mandatory for A Pro-Note Under Negotiable Instruments Act

May 22, 2022 3435 Views 0 comment Print

R.Barathbaran (Died) Vs R. Nallathambi (Madras High Court) There is no mandatory provision under the Negotiable Instruments Act that both the signature and thump impression has to be obtained for a pro-note and the lower Appellate Judge has totally misguided and misused the provision of the Negotiable Instruments Act, regarding burden of proof and not […]

Arbitrator can decide if Supplementary Agreement Rescinding Arbitration Clause is Contrary To Law: HC

May 22, 2022 2217 Views 0 comment Print

Kiran Infra Engineers Limited Vs Northern Railway (Delhi High Court) The question as to whether the supplementary agreement is a full and final discharge of respective obligations under the principal agreement and also rescinds the terms and conditions of the principal agreement is itself in dispute, which requires to be referred to Arbitral Tribunal. The […]

Writ Jurisdiction cannot be invoked for mere Refusal to delete Name of A Party From Arbitral Proceedings

May 22, 2022 663 Views 0 comment Print

State of Odisha Vs Nayagarh Sugar Complex Ltd (Orissa High Court) The agreement provides for exclusion of representations and There are recitals in connection with or in relation to representations or warranties in mentioning Government of Odisha as substantial share holder in the seller and having had acted through Registrar of Cooperative Societies. Department of […]

RERA: Adjudicating Authority alone can decide Compensation amount

May 22, 2022 7953 Views 0 comment Print

Gold Bricks Infrastructures Pvt. Ltd. Vs Atit Agrawal (Chhattisgarh High Court) The order of the Appellate Tribunal is for appointment of Architect and make an inspection in respect of development carried out. The order further contains to decide the quantum of infrastructure/ user charges in absence of agreement and thereafter to decide the modus of […]

Commission payment not allowable if not for the purpose of business

May 22, 2022 2514 Views 0 comment Print

Oripol Industries Ltd. Vs JCIT (Orissa High Court) In the present case, all the persons to whom commission was paid were either Directors of the Company or their relatives. None of them is shown to have any expertise in procuring IOF from the Indian markets for enabling the Appellant to meet the purchase order placed […]

Mere Pendency of Insolvency Petition not A Bar to Arbitrator Appointment

May 22, 2022 1278 Views 0 comment Print

Millennium Education Foundation Vs Educomp Infrastructure And School Management Limited (Delhi High Court) The Supreme Court has categorically held that the adjudicating authority i.e., NCLT has a duty to advert to the contentions put forth on the application filed under the Insolvency and Bankruptcy Code and to examine the material placed before it and record […]

Order terminating proceedings u/s 25(a) can be recalled by Arbitral Tribunal on application of claimant

May 22, 2022 2544 Views 0 comment Print

Union of India Vs Delhi State Consumer Co Operative Federation Ltd. (Delhi High Court) Facts- According to Union of India, Delhi State Consumers Co-operative Federation Limited (respondent) failed to furnish the requisite security deposit, as a result of which each of the contracts were cancelled at the risk and cost of the respondent. The Union […]

Criminal offence against lawyer in absence of any tangible evidence is unsustainable

May 22, 2022 2634 Views 0 comment Print

Bhaskar Banerjee Vs CBI (Calcutta High Court) Facts- Mr. Partha Das Chowdhury and Smt. Baisali Mukherjee, two directors of Emotions Infomedia Private Limited, applied for cash credit loan facility before Opposite Party no.2/ Bank. The petitioner an empanelled advocate of IDBI Bank/ Opposite Party no.2. prepared a favorable Search Report on the basis of two […]

GST refund cannot be denied merely for Mistake in Filing GSTR-3B

May 21, 2022 11502 Views 0 comment Print

Madras HC directs sanction of refund, which was not sanctioned due to non transmission of data from GST portal to Customs portal, due to entry of wrong details in GSTR 3B by the taxpayer.

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