News Updates
Tax Cases Weekly Round-Up: 23 October To 29 October, 2022
Delhi High Court Dividends Received By IFFCO From OMIFCO Oman Can't Be Disallowed Under Income Tax Act: Delhi High Court Case Title: PCIT Versus IFFCO LTD The Delhi High Court has held that the dividends received by Indian Farmers Fertiliser Cooperative (IFFCO) from Oman India Fertiliser Company S.A.O.C (OMIFCO) Oman cannot be disallowed under the Income Tax Act. Bombay...
Arbitration Cases Weekly Round-Up: 23 To 29 October, 2022
Bombay High Court: Execution Of Agreement, In Bid Document As Condition Precedent; Failure To Execute, Not A Concluded Contract: Bombay High Court Case Title: Kalpataru Limited versus Middle Class Friends Co-operative Housing Society Limited The Bombay High Court has ruled that where reference to a future contract is made in the tender documents and in the Letter of Intent...
The Court Can Conduct A Preliminary Inquiry Under Section 45 Of The A&C Act To Decide The Issue Of Non-Arbitrability: Delhi High Court
The High Court of Delhi has held that while exercising powers under Section 45 of the A&C Act, the Court can conduct a preliminary inquiry to decide whether the dispute in question is arbitrable or not and to decide whether it falls within the scope of the agreement. The bench of Justice Amit Bansal held that a dispute falling within the 'excepted matters' cannot be referred...
Weight Of Arbitration Award (Delivery) Cannot Be Just 55 Grams: Andhra Pradesh High Court
The Andhra Pradesh High Court has held that an arbitration award would weight more than 55 grams and a consignment weighing 55 grams cannot be deemed to be a valid delivery of award. The bench of Justice R. Raghunandan Rao also held that an arbitral award passed in violation of Section 7 and 11 of the A&C Act would be a nullity. It held that in absence of an arbitration...
Karnataka High Court Weekly Round-Up: October 24 To October 30, 2022
Nominal Index: MRS. JAYA ELIZABETH MATHEW & ANR v. INSURANCE OMBUDSMAN FOR THE STATE OF KARNATAKA & ANR. 2022 LiveLaw (Kar) 423 M. GOPAL v. GANGA REDDY. 2022 LiveLaw (Kar) 424 DR. SWATHI K.S & ANR v. THE STATE OF KARNATAKA & others. 2022 LiveLaw (Kar) 425 HRISHIKESH DEVDIKAR v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 426 OM PRATAP SINGH v. THE STATION...
Magistrate Can Issue Warrant For Recovery Of Defaulted Maintenance U/S 125 CrPC As Arrears Of Land Revenue: Allahabad High Court
The Allahabad High Court has held that the Magistrate has the power to enforce an order of maintenance passed under Section 125 Cr.P.C. by issuing a warrant to the Collector to recover the same as arrears of land revenue.The bench of Justice J. J. Munir clarified that if read conjointly, Section 125(3) and Section 421 give power to the Magistrate to issue a warrant to the Collector for...
'He Was Kind Enough To Leave Rape Victim Alive' Remark Was Inadvertent Mistake: Madhya Pradesh High Court, Modifies Judgment After Criticism
A week after Madhya Pradesh High Court came under criticism for saying that the rape convict was "kind enough to leave the prosecutrix alive" in the order reducing his life imprisonment to rigorous imprisonment of 20 years, the division bench headed by Justice Subodh Abhyankar has modified the judgment dated October 18.Taking suo motu cognisance of the issue, the court in the order dated...
Telangana Govt Withdraws 'General Consent' Granted To CBI To Investigate Cases In The State
The Government of Telangana has withdrawn the 'general consent' granted to the CBI [under the Delhi Special Police Establishment Act] to investigate cases in the state. This means that the CBI will now have to take permission from the State government to investigate cases in the state on a case-to-case basis.With this, Telangana has become the ninth state to withdraw the general consent to...
Trademark's Value Can Be Estimated In Monetary Terms As Proprietor Invests In Publicity and Building Reputation: Delhi High Court
The Delhi High Court has ruled that apart from the primary function of identifying the source of goods, a trademark has an investment function as well, which is to preserve the investments made by a proprietor of a trademark in publicity and building up its reputation.A division bench of Justice Vibhu Bakhru and Justice Amit Mahajan said the trademark, thus, acquires a value that can be...
J&K&L High Court Weekly Round-up: October 24 To October 30, 2022
Citations 2022 [LiveLaw (JKL) 191 TO 2022 LiveLaw (JKL) 200]Nominal Index : Ab Rasheed Bhat Vs HDFC Bank 2022 LiveLaw (JKL) 191 Syed Akeel Shah vs Directorate Of Enforcement 2022 LiveLaw (JKL) 192 Shailender Parihar Vs Sarmad Hafez 2022 LiveLaw (JKL) 193 Mohammad Anwar Chowdhary & Ors Vs UT of J&K 2022 LiveLaw (JKL) 194 Green Valley Sumo Taxi Stand Union Vs UT...
Written Submissions Under Rule 28(7) Cannot Be Used To Reopen Entire Debate In Patent Application: Delhi High Court
The Delhi High Court has observed that the written submissions and filing of relevant documents under Rule 28(7) of the Patent Rules, 2003 cannot be used as a tool to reopen the entire debate in a patent application.Justice Pratibha M Singh said the purpose of Rule 28(7) is to capture the submissions made during the course of the hearing and to take any steps which the Controller may...
Punjab And Haryana High Court Acquits Patwari Convicted For Taking ₹2500 Bribe In 2002
The Punjab and Haryana High Court recently acquitted a public servant convicted for accepting bribe in a case under Prevention of Corruption Act, 1988, on the ground that evidence of 'demand' and 'acceptance' of bribe was not available.The appellant, a patwari, in 2004 had appealed against his conviction and sentence under the provisions of Sections 7, 13 (1) (d) read with Section 13(2) of...