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Delhi High Court

Interest on delayed GST refund cannot be denied for Covid-19

August 6, 2022 792 Views 0 comment Print

Application for payment of interest for delayed period was denied on the ground that due to Covid-19 processing of GST refund was delayed.

Application against disputed interest allowable under Vivad Se Vishwas

August 5, 2022 2439 Views 0 comment Print

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 […]

Relief U/s. 17 of A&C Act cannot be granted merely for Prima Facie Case

August 5, 2022 1116 Views 0 comment Print

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

RTI: Right to ‘Inspection of Work’ of any Public Authority not Include Inspection of Property

August 5, 2022 2442 Views 0 comment Print

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 […]

Arbitration Clause Contained In A Tax Invoice Is Binding on parties: HC

August 5, 2022 2061 Views 0 comment Print

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 […]

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

August 4, 2022 7152 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

HC explains when Trademark registration of shape of a product can be granted

August 4, 2022 2679 Views 0 comment Print

Settled legal position is that in order for a shape trademark to be registered, it has to be shown that the said shape is not the generic shape of the product. It has to be a distinctive shape that associates the mark with the source by itself without anything further like a name or logo appended on it.

HC quashed Reopening for Bogus Purchase when no evidence furnished to Appellant

August 3, 2022 2052 Views 0 comment Print

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 […]

CPC procedural formalities cannot be abused as instrument of oppression

August 3, 2022 3945 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.

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

August 3, 2022 696 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 […]

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