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Gujarat High Court

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

August 3, 2022 2829 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 561 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 […]

HC slams Income Tax Dept for acting Thick-Skinned during Pandemic

August 1, 2022 399 Views 0 comment Print

Department should have adopted liberal approach in refusing request for time for filing objection to draft assessment order and finally passing assessment order. The department acted thick skinned.

GST evasion: HC grants bail to accused subject to deposition of Rs. 2 crore

July 29, 2022 1140 Views 0 comment Print

Revenue contended that applicant defrauded State Exchequer of Rs. 21.59 crores and still investigation is going on and quantum of tax evasion involved is also further likely to increase and considering the conduct of the applicant, if bail is granted

Denial of release of title deeds without any charge is unsustainable

July 26, 2022 2118 Views 0 comment Print

Held that it is not open for the Bank to fasten indirect liability and deny release of title deeds of the property on which there is no charge

GST exempt on services provided by applicant to schools/education organizations in relation to ASSET examination

July 18, 2022 4365 Views 0 comment Print

Educational Initiatives Pvt. Ltd. Vs Union of India (Gujarat High Court) The writ-applicant claimed that the services provided by it to the schools/education organizations in relation to the ASSET examination is exempted from the payment of the GST under the Entry No. 66(b)(iv) of the Notification No.12/2017-Central Tax (Rate) dated 28th June 2017 as well […]

GST: Every economic offence cannot be treated in same manner for Bail

July 15, 2022 1245 Views 0 comment Print

In the matter of bail, there is no straitjacket formula for consideration of bail to an accused as it all depends upon the facts and circumstances of each case.

Scolding Employee to Maintain Office Discipline not an offence under IPC

July 12, 2022 5961 Views 0 comment Print

When an employee is scolded just with a view to maintain office discipline and out of fear or being hyper­sensitive, if an employee commits suicide, that would not constitute an offence attracting provisions of Section 306 of Indian Penal Code as the action taken by the employer was in good faith to maintain office discipline.

Refund allowed of IGST paid by assessee on ocean freight charges

July 7, 2022 6240 Views 0 comment Print

Gujarat HC directed department to grant refund of IGST already paid by the assessee on the amount of ocean freight charges.

Vendor Not Liable For Adulteration in Food Articles Purchased From Manufacturer with Written Warranty

July 2, 2022 1836 Views 0 comment Print

Vendor shall not be deemed to have committed any offence. If he has purchased the article of food in any other status from any manufacturer, distributor or dealer with written warranty in the prescribed form

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