Unless that allegation was specified in the notice with details and unless material considered adverse to the petitioner had been confronted to it for the purposes of eliciting its reply thereto, the notice dated 9.7.2012 would remain completely vague and mute.
Derivados Consulting Pvt. Ltd. Vs Pramara Promotions Pvt. Ltd. (Bombay High Court) 1. An interesting issue on the existence of an arbitration agreement arises in this application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, ‘the Act’). By this application the Applicant has prayed for appointment of an arbitral tribunal […]
Vaishali Varshikar Vs Vijay Mourya (Madhya Pradesh High Court) The applicant has preferred this application under Section 439(2) of Cr.P.C. for cancellation of bail granted to the respondent No.1/accused by order dated 22.2.2021 passed by this Court in M.Cr.C.No. 4337/2021. As per prosecution story, respondent no.1/Vijay Mourya had entered into an agreement to sell of […]
Best Buildwell Private Limited VS ITO (Delhi High Court) The show cause notice primarily states that ‘it is seen that the Petitioner has made purchases from certain non-filers’. However no details or any information of these entities was provided to the Petitioner. It is not understood as to how the Petitioner was to know which […]
Vinod Kumar Vs Commissioner Uttarakhand State GST (Uttarakhand High Court) It is apparent from the record that a notice was given on the GSTN website, which in our considered opinion, is not sufficient, and a personal notice has to be given before cancellation of the GST registration. Therefore, the Court can invoke its jurisdiction under […]
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 […]
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.
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 […]
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 […]
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 […]
