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Gujarat High Court

HC allows carry forward of unutilised transitional credit as per SC decision

September 12, 2022 1893 Views 0 comment Print

Aarti Industries Limited Vs Union of India (Gujarat High Court) The petitioner wants to file ‘Form GST Tran-I’ to enable the petitioner to claim the carried forward eligible duties of CENVAT/ Input Tax Credit on account of Service Tax, Central Excise and Gujarat Value Added Tax on the appointed day i.e 30.6.2017 in terms of […]

Writ Jurisdiction cannot be invoked to challenge Section 13(2) SARFAESI Notice

September 7, 2022 5904 Views 0 comment Print

In present facts of the case, the Hon’ble High Court while dismissing the Writ Petition under Article 226 held that Notice issued by Bank under Section 13(2) of the SARFAESI Act, 2002 cannot be challenged by invoking Writ jurisdiction as effective alternate remedy has been provided under Section 17 of the Act.

Electricity Connection cannot be denied for pending Dispute of Land Ownership

August 26, 2022 6645 Views 0 comment Print

Company cannot decide disputed question of right & title, ownership or right of occupancy has no nexus with grant of electrical connection

Arbitration application u/s 11(6) not maintainable as barred by limitation

August 20, 2022 2652 Views 0 comment Print

Held that application u/s 11(6) for appointment of an arbitrator after the period of cause of action got extinguished is not maintainable

Practice of fixed term appointment with consecutive renewals is not recognised under Industrial Disputes Act 1947

August 19, 2022 1149 Views 0 comment Print

SC held that practice of engaging workman by separate but consecutive appointment orders of short duration with a view to opposing workman’s claim is not recognised by clause (bb) of Section 2(oo) of Industrial Disputes Act 1947

GST: Bail granted as trial likely to take its own time to conclude

August 5, 2022 1272 Views 0 comment Print

Held that the present application is allowed and bail is granted after taking into consideration the maximum punishment and provisions of compounding the offences and also that trial will take its own time to conclude

Court Can Extend Mandate of Arbitrator in Dispute Referred to Arbitration under MSME Act

August 5, 2022 3429 Views 0 comment Print

Magirsha Industries Vs Gujarat State Fertilizer And Chemicals Limited (Gujarat High Court) Issue relating to power of this Court to extend the mandate, insofar as the references made by MSME is seriously disputed by respondent counsel. Having regard to the fact that sub-section (3) of section 18 of MSME Act, 2006 that the provision of […]

Gravity of Offence Cannot Overweigh Legal Proof

August 5, 2022 1293 Views 0 comment Print

State of Gujarat Vs Hasmukhbhai @ Harshadbhai Dahyabhai Makwana (Gujarat High Court) Present complaint is filed merely on suspicion and doubt. Suspicion, however strong, cannot take the place of proof, the Hon’ble Supreme Court has said, stressing that an accused is presumed to be innocent unless proved guilty beyond a reasonable doubt. No doubt the alleged offence […]

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

August 4, 2022 5787 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.

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

August 3, 2022 2667 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 […]

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