All High Courts
Invoices Containing Arbitration Clauses Which Show Mutual Acceptance Are Prima Facie Arbitration Agreement: Delhi High Court
The Delhi High Court bench of Justice Prateek Jalan has held that when parties engage in actions based on invoices containing arbitration clauses, demonstrating mutual acceptance, an arbitration agreement may be inferred directly from those invoices. Brief Facts: M/s Dhawan Box Sheet Containers Pvt Ltd (Petitioner), a manufacturer and supplier of corrugated boxes and...
Once Revision Order Become Final, No Question Of Passing Another Order Will Arise: Meghalaya High Court
The Meghalaya High Court has held that once the revision order becomes final, no question of passing another order will arise.The bench of Chief Justice S. Vaidyanathan and Justice W. Diengdoh has observed that the Assessing Officer had passed an order under Section 263 of the Income Tax Act, 1961, which was set aside by the Principal Commissioner of Income Tax, Shillong. The order...
Specific Reference To Arbitration Clause Needed In 'Two-Contract Case' For Incorporation: Delhi High Court
The Delhi High Court bench of Justice Prateek Jalan has held that in a 'two-contract case', a specific reference to the arbitration clause in an earlier contract is necessary for its incorporation into the main contract between the parties. A 'two-contract case' refers to a situation where there are two separate contracts involved and the parties seek to incorporate terms, including...
Uploading Of Notices By GST Department Under Heading 'Additional Notices' Is Sufficient Service: Delhi High Court
The Delhi High Court has held that the uploading of notices by the GST department under the heading 'additional notices' amounts to sufficient service.The bench of Justice Vibhu Bakhru and Justice Sachin Datta, while remanding the matter to the authority to adjudicate the Show Cause Notice afresh, observed that the GST Authorities had addressed the issue and had re-designed the portal to...
Allahabad High Court Half Yearly Tax Digest: January To June 2024
INDEXM/S Mgs Palace v. State Of U.P. And 4 Others 2024 LiveLaw (AB) 4M/S. Hindustan Herbal Cosmetics vs. State Of U.P. And 2 Others 2024 LiveLaw (AB) 9M/S Eastern Machine Bricks And Tiles Industries vs. State Of U.P. And Others 2024 LiveLaw (AB) 14Akbar Ali Transport Services vs. State of U.P. and Another 2024 LiveLaw (AB) 25 M/S Roli Enterprises vs. State Of U.P. And 2 Others 2024 LiveLaw...
If Parole Can Be Given To Share Grief, Why Not To Share Happy Moments? Bombay HC Releases Convict To Meet Son Going Abroad To Study
The Bombay High Court earlier this week held that if parole can be provided to a convict in emergency situations or for marriages in the family, it can also be granted for the convict to share "happy moments" with his family like the travelling of his child to some other country for studies.The observation came on a plea filed by a life convict, who sought parole to meet his son, who has...
Arbitrator Panel Restricting Nominee Selection To Railways' Officers and Suggested Names Is Not Valid: Delhi High Court
The Delhi High Court bench of Justice Prateek Jalan has held that panel comprising of serving or retired officers of Railways not only restricted the party's choice but also compelled it to choose its nominee from amongst four names suggested by the Railways. The bench noted that such a panel is not in consonance with the judgment of the Supreme Court in Central Organisation for...
Rajasthan High Court Refuses Bail To Alleged Drug Peddler To Attend Sister's Marriage
The Rajasthan High Court recently denied interim bail to an accused under the Narcotics Drugs and Psychotropic Substances (NDPS) Act, who sought to be released for 40 days to attend his sister's wedding.The interim bail application was filed contending that petitioner's presence at home was necessary for the sister's wedding and that there was no likelihood of him fleeing away.Public...
Disputes Related To Lock-In Periods In Employment Contracts Are Arbitrable: Delhi High Court
The Delhi High Court bench of Justice Prathiba M. Singh has held that disputes relating to lock-in periods that apply during the subsistence of employment contracts are arbitrable under the Arbitration and Conciliation Act, 1996. The High Court held that the three-year lock-in period did not constitute an unreasonable curtailment of the employees' right to employment and did not...
Sustainability Of Punishment Order Questionable If Procedure Not Followed During Inquiry Stage: Allahabad High Court
The Allahabad High Court, while considering the case of a Judicial Officer, held that if procedural requirements were not followed at the stage of inquiry against a delinquent officer, the validity of the punishment order passed subsequently could be called into question. “Failure to follow procedural requirements during inquiry stage raises a serious concern about the validity of...
Judge's Job Entails Long Work Hours, Call Of Duty Trumps Personal Exingencies: Justice P. Somarajan Bids Farewell To Kerala High Court
The High Court of Kerala held a full-bench reference on Friday on the occasion of the retirement of Justice P. Somarajan. Acting Chief Justice A. Muhamed Mustaque, Advocate General Shri. Gopalakrishna Kurup and Kerala High Advocate Association President Adv. Yeshwanth Shenoy remembered the service rendered by Justice Somarajan.Justice Somarajan stated that he had a record rate of disposal...
Reassessment Notice Not Complying Section 148 Pre-Conditions Is Beyond Jurisdictional: Bombay High Court
The Bombay High Court at Goa has held that the reassessment notice issued without complying with the pre-conditions mentioned in Section 148 of the Income Tax Act was beyond jurisdiction.The bench of Justice M. S. Karnik and Justice Valmiki Menezes has observed that the substantive rights of the original petitioner were governed by the provisions of the Portuguese Civil Code. The fact that...