All High Courts
Allahabad High Court Seeks UOI, State Reply On PIL Seeking Inclusion Of Bhat Community In ST Category In UP
The Allahabad High Court has issued notices to the Union of India (UOI) and the Uttar Pradesh state government, seeking their responses to a Public Interest Litigation (PIL) plea seeking the inclusion of the Bhat community in the Scheduled Tribes (ST) category within the state of Uttar Pradesh. The PIL plea, filed by Akhil Bhartiya Bhat Samaj Ekta and its president (Pavnendra...
Indirect Tax Weekly Round-Up: 14 To 20 July 2024
Supreme CourtChewing Tobacco Packed In High-Density Polyethylene Bags Are 'Wholesale Package'; Cannot Be Taxed As Retail Product Under Excise Act : Supreme CourtCase Details: Commissioner of Central Excise, Jaipur -II v. M/s Miraj Products Pvt. Ltd. Citation : 2024 LiveLaw (SC) 470The Supreme Court recently held that pouches of chewing tobacco packed in High-Density Polyethylene (HDPE) bags...
Police Officers Must Follow SC Mandate On Furnishing Grounds Of Arrest To Accused In Writing: Bombay High Court
The Bombay High Court recently said that every police officer in each case, before making any arrests, must inform the person to be arrested, in writing, the grounds of his arrest and only then proceed to effect arrest, as the same is the law of the land as laid down by the Supreme Court of India.A division bench of Justices Bharati Dangre and Manjusha Deshpande granted bail to one...
Arbitrator Must Determine Validity Of Coercion Claims In Settlement Agreements, Termination Of Arbitration Improper: Delhi High Court
The Delhi High Court bench of Justice Neena Bansal Krishna has held that claims of coercion or economic duress in a settlement agreement require examination by an arbitrator to determine their validity. The bench held that the Arbitrator's summary dismissal of the claimant's plea and the termination of arbitration proceedings without a trial were improper. Further, Justice...
Stock Broker Forwarding Messages About Dormant Shares Can't Be Booked For Duping Shareholders: Bombay High Court
A person in the business of shares, forwarding certain WhatsApp messages concerning details of shares that can be dormant, cannot be booked for duping shareholders, the Bombay High Court observed recently while granting bail to a man, booked under charges of forgery and fraud.Single-judge Justice Manish Pitale while dealing with the bail application filed by one Manish Shah noted that he had...
Direct Tax Weekly Round-Up: 14 To 20 July 2024
Bombay High CourtJAO Cease To Have Jurisdiction To Issue Reassessment Notice Outside Faceless Assessment: Bombay High CourtCase Title: Royal Bitumen Private Limited, Mumbai Vs. Assistant Commissioner of Income-TaxThe Bombay High Court has held that the Jurisdictional Assessing Officer (JAO) would cease to have jurisdiction to issue any notice under Section 148A(b) and to take further...
Courts Can't Constantly Interfere And Micro-Manage Arbitral Proceedings: Bombay High Court
The Bombay High Court bench of Justice Arif S. Doctor has held that the court cannot constantly interfere with and micromanage proceedings which are pending before Arbitral Tribunals. The bench held that the scope of judicial interference under Section 37(2)(b) of the Arbitration Act is limited in nature. The bench held that the court: (i) will not interfere with...
'Subsequent Shareholders' Do Not Qualify As 'Association Or Body of Individuals' Under Section 2(1)(f)(iii) Of Arbitration Act: Delhi High Court
The Delhi High Court bench of Justice Prateek Jalan has held that “subsequent shareholders,” each holding a specific number of shares and having the right to exit the company under defined conditions while undertaking individual rights and obligations, do not qualify as an "association or body of individuals" under Section 2(1)(f)(iii) of the Arbitration and Conciliation...
Decree Holder Not Entitled To Interest For Period Between Deposit of amount and its Release : Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that the Decree Holder is not entitled to interest on the amount deposited by the Judgment Debtor for the period between the date of deposit and the date of release permitted by the court. The bench held that the entitlement to interest does not extend to the period between the deposit and the withdrawal application if...
Intention To Arbitrate Must Be Assessed Holistically In Transactions Involving Interlinked Agreements, Even If Some Agreements Lack Explicit Arbitration Clauses: Delhi High Court
The Delhi High Court single bench of Justice Pratibha M. Singh held that in a composite transaction involving multiple interlinked agreements, courts should assess the intention to arbitrate holistically and refer disputes to arbitration even if some agreements lack explicit arbitration clauses. Brief Facts: Nishesh Ranjan and Vandana Srivastava (“Petitioners”) entered into...
Single Judge Of Commercial Division Has Jurisdiction Over Original Applications In International Commercial Arbitration: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that original applications related to International Commercial Arbitration are to be entertained by the Single Judge of the Commercial Division. The High Court held that the Commercial Courts Act, 2015 defines the Commercial Division and the Commercial Appellate Division distinctly. The...
Enforcement Of Foreign Arbitral Award, Repeated Non-Compliance; Rajasthan High Court Sentences Director Of Company Civil Imprisonment
The Rajasthan High Court bench of Dr. Justice Nupur Bhati has ordered the director of a company to one month of civil imprisonment for failing to disclose its assets in the enforcement of a foreign arbitral award. The High Court with its prior judgment ordered the foreign award to be enforceable and executable as a decree of the court. For the enforcement and execution of...