News Updates
Copper Chimney's Right To Operate From Kala Ghoda Outlet Ended With Expiry of Contract, Can't Invoke Force Majeure: Bombay High Court
The Bombay High Court recently held that invocation of force majeure by Kalaghoda’s Copper Chimney restaurant would not lead to extension of the period for which it was authorized to use its premises.Justice GS Kulkarni observed that the termination clause and force majeure clause are independent and invoking force majeure would not change the term of the contract.“The invocation of...
Bus Conductor Refuses To Return Rs 1 Change To Passenger, Consumer Court Orders Bangalore Metropolitan Transport Corporation To Pay ₹2000 Compensation
A consumer court in Bengaluru appreciated the effort of a consumer, who approached the forum after being shortchanged for Rs 1 by a bus conductor of the Bangalore Metropolitan Transport Corporation (BMTC).The District Consumer Disputes Redressal Commission vide order dated January 31, allowed in part a complaint filed by Advocate Ramesh Naik L and directed the Corporation to refund Rs 1 to...
Madras High Court Weekly Round-Up: February 13 to February 19, 2023
A weekly round-up of important cases from the Madras High Court and its subordinate courts. Citations: 2023 LiveLaw (Mad) 50 To 2023 LiveLaw (Mad) 56 NOMINAL INDEX Flora Madiazagane v GG Hospital and others, 2023 LiveLaw (Mad) 50 Tvl Metal Trade Incorporation Versus The Special Secretary, 2023 LiveLaw (Mad) 51 The Federal Bank Ltd. V The Sub Registrar and others,...
Manipur High Court Grant Bail To Man Accused Of Murdering Two Women, Unborn Child; Says Prolonged Detention Of Under-Trials Violation Of Article 21
The Manipur High Court has granted bail to a person alleged to have committed murder of two women and an unborn child in 2017."A humane attitude is required to be adopted by a Judge while dealing with the bail application. Even if the offence is a serious offence, requires a humane treatment by the Court, humane treatment to all including an accused is requirement of law," Acting Chief...
Arbitration Cases Weekly Round-Up: 12 February To 18 February, 2023
Bombay High Court: No Jurisdictional Error By Arbitrator In Allowing Consolidated SoC Containing Specific Claims Under Different Contracts: Bombay High Court Case Title: BST Textile Mills Pvt Ltd versus The Cotton Corporation of India Ltd The Bombay High Court has ruled that the arbitrator cannot be said to have committed a jurisdictional error by allowing a consolidated...
GSTIN Introduces Negative Values in Table 4 of GSTR-3B
The Goods and Service Tax Network (GSTN) has introduced negative values in Table 4 of GSTR-3B.The government has notified a few changes in Table 4 of Form GSTR-3B to enable taxpayers to report correct information regarding ITC availed, ITC reversals, and ineligible ITC. According to the changes, the net ITC is to be reported in Table 4(A), and the ITC reversal, if any, is to be reported in...
Gauhati High Court Upholds Selection List Of Veterinary Dept, Says APSC's Rule 4A Permits Recruitment On Basis Of Interview Only
The Gauhati High Court on Friday upheld the selection list prepared by Assam Public Service Commission (APSC) for filling up 162 posts in the category of Veterinary Officer/ Block Veterinary Officer which was challenged on the ground that the selection was done without conducting a written test.“It is no doubt correct that under Rule 4B the APSC would be required to hold a written...
Kerala High Court Weekly Round-Up: February 13 To February 19, 2023
Nominal Index [Citation: 2023 LiveLaw (Ker) 74-88]The Town Planner, District Town Planning Officer V Joseph Jacob & Others. 2023 LiveLaw (Ker) 74Hameedali K.P. v. Chief Executive Officer & Ors. 2023 LiveLaw (Ker) 75Midlaj @ Abu Mis'ab v. Union of India represented by National Investigation Agency 2023 LiveLaw (Ker) 76Siji V State of Kerala 2023 LiveLaw (Ker) 77Rajaneesh Kumar R....
Challenge Under S. 13 of Arbitration Act Not Raised, Party Can Challenge Unilateral Appointment Of Arbitrator Under S. 34: Madras High Court
The Madras High Court has ruled that even if a party has failed to challenge the unilateral appointment of the Arbitrator under Section 13 of the Arbitration and Conciliation Act, 1996 (A&C Act) before the Arbitral Tribunal, it would not take away its right to challenge the award under Section 34 of the A&C Act on the ground that the Arbitrator was unilaterally...
Former Clause In The Agreement Will Prevail Over The Latter Clause In Case Of Inconsistency: Delhi High Court Reiterates
The Delhi High Court has reiterated that where there is any inconsistency between the two clauses of a same instrument/document, the former clause shall prevail over the latter one. The bench of Justice Chandra Dhari Singh was dealing with the petitions filed under Section 11 and 9 of the Arbitration and Conciliation Act, 1996 (A&C Act). The Court noted that the latter...
Delhi High Court Weekly Round-Up: February 13 To February 19, 2023
Citations 2023 LiveLaw (Del) 145 to 2023 LiveLaw (Del) 160NOMINAL INDEXSUNIL PODAR v. THE NATIONAL TRUST FOR WELFARE OF PERSON WITH AUTISM, CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE DISABILITIES AND ANR. 2023 LiveLaw (Del) 145University of Delhi versus M/s Kalra Electricals 2023 LiveLaw (Del) 146HDFC Ergo General Insurance Co. Ltd versus Bindu Paswan & Anr 2023 LiveLaw (Del)...
GST Act Can’t Be Interpreted To Deny Right To Carry Trade And Commerce By Citizens: Bombay High Court
The Aurangabad Bench of the Bombay High Court has held that the provisions of the GST enactment cannot be interpreted so as to deny the right to carry on trade and commerce to any citizen or subject."The constitutional guarantee is unconditional and unequivocal and must be enforced regardless of shortcomings in the scheme of GST enactment. The right to carry on trade or profession cannot...