Digests
Arbitration Cases Weekly Round-Up: 9th October- 15th October
Delhi High Court Whether Enforcement Of Foreign Arbitration Award Can Be Denied Due To Non-Stamping Of Arbitration Agreement? Delhi High Court To Examine Case Title: SIMPLOT INDIA LLC v. HIMALAYA FOOD INTERNATIONAL LIMITED Citation: 2023 LiveLaw (Del) 938 The Delhi High Court is set to examine whether the enforcement of a foreign arbitration award can be denied due to...
Weekly Digest Of IBC Cases: 9th To 15th October 2023
Supreme Court Homebuyers Who Secure RERA Decrees Can't Be Treated Differently From Other Financial Creditors Under IBC: Supreme Court The Supreme Court bench comprising Justices S Ravindra Bhat and Aravind Kumar, has held that homebuyers cannot be treated differently from other "financial creditors" under the Insolvency and Bankruptcy Code (IBC) 2016 just because they have...
Tax Cases Weekly Round-Up: 8 To 14 October, 2023
Supreme Court Customs Duty - Undervaluation Must Be Proved By Evidence Of Prices Of Contemporaneous Imports; Else Benefit Of Doubt Goes To Importer : Supreme Court Case Title: Commissioner of Customs (Imports), Mumbai v. M/s Ganpati Overseas Citation : 2023 LiveLaw (SC) 864 The Supreme Court has recently highlighted that the transaction value (the price actually paid...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index[September 1 – 10, 2023]
Citations: 2023 LiveLaw (SC) 737 To 2023 LiveLaw (SC) 762SUBJECT WISE INDEXArmyBSF Act - Even if an officer pleads guilty of misconduct, the court has to satisfy that confession is voluntary. Union of India v. Jogeshwar Swain, 2023 LiveLaw (SC) 758 : 2023 INSC 802BailBail - One cannot apply one bail order to all the other subsequent cases. (Para 8) PACL v. Central Bureau of Investigation,...
Supreme Court Criminal Digest-August 2023
15 days police custody meant to be applied to the entire period of investigation as a whole : Supreme Court doubts 1992 precedent. V. Senthil Balaji v. State, 2023 LiveLaw (SC) 611 : 2023 INSC 677A Judge does not preside over a criminal trial merely to see that no innocent man is punished. This Court proceeded to observe that a Judge also presides to see that a guilty man does not escape....
Supreme Court Criminal Law Digest: July 2023
1996 Lajpat Nagar blast case - The bomb blast caused at the behest of the accused persons resulted in the death of 13 persons and 38 persons suffered injuries. There was further damage caused to the livelihood of the shopkeepers, whose shops were burnt down due to the said bomb blast. It is evident that these accused persons were part of the plan for future blasts in the nation as well....
Arbitration Cases Weekly Round-Up: 2nd October To 8th October
High Courts: Calcutta High Court Party Eligible For Interim Protection U/S 9(1) Arbitration & Conciliation Act, Regressive To Relegate To CPC Procedure: Calcutta High Court Case: Prathyusha- AMR JV vs Orissa Steel Expressway Private Limited Citation: 2023 LiveLaw (Cal) 304 The Calcutta High Court has recently allowed applications for appointment of arbitrator u/s 11...
Supreme Court Weekly Round-Up (2nd- 8th Oct, 2023)
Judgments/OrdersMere Non-Cooperation To ED Summons Not A Ground For Arrest Under PMLA; ED Can't Expect Admission Of Guilt From Person Summoned: Supreme CourtCase Title: Pankaj Bansal v. Union of India, Basant Bansal v. Union of India Citation: 2023 LiveLaw (SC) 844; 2023INSC866In a significant judgment, the Supreme Court has ruled that a person cannot be arrested by the Directorate of...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [September 1 – 10, 2023]
Citations: 2023 LiveLaw (SC) 737 To 2023 LiveLaw (SC) 762SUBJECT WISE INDEXArmyBSF Act - Even if an officer pleads guilty of misconduct, the court has to satisfy that confession is voluntary. Union of India v. Jogeshwar Swain, 2023 LiveLaw (SC) 758 : 2023 INSC 802BailBail - One cannot apply one bail order to all the other subsequent cases. (Para 8) PACL v. Central Bureau of Investigation,...
Consumer Cases Weekly Round-Up: 1st October 2023 to 8th October 2023
National Consumer Disputes Redressal Commission NCDRC Grants Limited Relief To Indian Professional Golfer For Loss Of Luggage, Subject To Proving Actual Loss Case Title: Gaganjeet Bhullar vs. M/S Emirates Airlines A consumer complaint filed by Indian professional Golfer Gaganjeet Bhullar against Emirates Airlines for the loss of his baggage was partially allowed by the...
Tax Cases Weekly Round-Up: 1 To 7 October, 2023
Delhi High Court EPF Contribution Paid Next Day After National Holiday, Delhi High Court Allows Deduction As Due Fell On National Holiday Case Title: PCIT Versus Pepsico India Holding Pvt. Ltd. The Delhi High Court has allowed the deduction for the employee’s contribution towards the provident fund as the due date fell on a national holiday. Bombay High...
Weekly Digest Of IBC Cases: 2nd To 8th October 2023
NCLAT Registry Remained Open, Summer Vacation Not Excluded From Computation Of Limitation: NCLAT Delhi Case title: M K Overseas Export Pvt. Ltd. v Sapan Mohan Garg Case No.: Company Appeal (AT) (Ins.) No.1040 of 2023 The National Company Law Appellate Tribunal (“NCLAT”), New Delhi Bench, comprising of Justice Ashok Bhushan (Chairperson), Shri Barun Mitra (Technical...