News Updates
Karnataka High Court Weekly Round-Up: October 31 - November 6, 2022
Nominal Index: [Citations 432 - 442] Farddin v. State and another. 2022 LiveLaw (Kar) 432 PRATHAP KUMAR.G v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 433 NATIONAL INSURANCE CO LTD v. ALWIN LOBO. 2022 LiveLaw (Kar) 434 SAFWAN v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 435 MOHAMMAD WASEEM AHAMAD & Others v. 1 STATE BY CHANDRA LAYOUT POLICE STATION. 2022 LiveLaw...
Statute 66 Of Calicut University Enables Incumbent In Lower Category To Claim Promotion Only To Immediate Next Higher Grade: Kerala HC
The Kerala High Court last week ruled that Statute 66 of Calicut University (Conditions of Service of the Teachers and Members of Non-Teaching Staff) First Statutes, 1979 enables an incumbent in a lower category to claim promotion only to the immediate next grade.Allowing Kerala government's appeal against a single judge decision, the division bench of Justice P.B. Sureshkumar and Justice...
Interim Moratorium Under Section 96 Of Insolvency & Bankruptcy Code, 2016 Is Limited To Particular Guarantor And Will Not Protect The Other Personal Co-Guarantors Of Same Debt: Delhi High Court
The Delhi High Court recently while dealing with two summary suits filed by creditors of Bhushan Steel limited against the ex-promoters of Bhushan Steel namely Brij Bhushan Singhal and Neeraj Singhal for recovery of money held that the interim moratorium under section 96 of the Insolvency & Bankruptcy Code, 2016 (IBC/Code) is specific to all debts of a particular debtor and will not...
Madras High Court Weekly Round-Up: October 31 to November 6, 2022
A weekly round-up of important cases from Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 448 To 2022 LiveLaw (Mad) 455 NOMINAL INDEX Commissioner of Income Tax v. M/s MAC Public Charitable Trust (batch), 2022 LiveLaw (Mad) 448 S Mukanchand Bothra (Died) and another v. The Chief Secretary and others, 2022 LiveLaw (Mad) 449 Senthil Balaji v...
When Corporate Debtor Does Not Create A Gratuity Fund, No Gratuity Is Payable: NCLT Chandigarh
The National Company Law Tribunal ("NCLT"), Chandigarh Bench, comprising of Shri Harnam Singh Thakur (Judicial Member) and Shri Subrata Kumar Dash (Technical Member), while adjudicating an application filed in Small Industries Development Bank of India (SIDBI)v International Mega Food Park Limited, has held that if the Corporate Debtor had not created a Gratuity Fund, then...
Haryana Court Issues Arrest Warrant Against Deepak Chaurasiya For 'Intentionally Avoiding' POCSO Case Hearing
A court in Haryana has issued a warrant of arrest against Journalist-News Anchor Deepak Chaurasiya in a 2013 case for allegedly airing 'morphed, edited & obscene' videos of a 10-year-old girl and her family and linking the same to a sexual assault case.The Court issued this order on Oct 28, after Chaurasiya moved an application seeking exemption from his personal appearance on grounds...
Activities Carried Out by Sub-Contractor For Shifting Electrical Utilities Can't be Regarded as Composite Supply of Works Contract: AAR
The West Bengal Authority for Advance Ruling (AAR) has held that activities carried out by subcontractors for the shifting of electrical utilities for the construction of roads cannot be regarded as a composite supply of works contracts.The two-member bench of Brajesh Kumar Singh and Joyjit Banik has observed that providing services of shifting electrical utilities alone cannot be regarded...
Liquidated Damages Recoverable From Bi-electric India For Delay In Commissioning, Doesn't Qualifies As Supply, No GST Payable: AAAR
The Telangana Appellate Authority of Advance Ruling (AAAR) has held that liquidated damages recoverable by the applicant from Bi-electric India on account of delay in commissioning do not qualify as a "supply" and no GST is payable.The two-member bench of B.V. Siva Naga Kumari and Neetu Prasad has observed that the amount paid as "liquidated damages" is an amount paid only to compensate for...
ITC Can Be Claimed Under Marginal Scheme On Rent, Advertisement expenses, commission, Professional expenses: AAR
The Karnataka Authority of Advance Ruling (AAR) has held that the input tax credit (ITC) under the marginal scheme on expenses like rent, advertisement expenses, commission, professional expenses, and other like expenses is subject to sections 16 to 21 and rules 36-45 of the CGST Act and Rules 2017.The two-member bench of M.P. Ravi Prasad and Kiran Reddy T. has observed that ITC can be claimed...
Senior Bureaucrats Of Uttar Pradesh Govt Taking No Action, Keeping Matters Pending On Judicial Infrastructure: Allahabad High Court 7 Judges Bench
Observing that no action was being taken by Uttar Pradesh government's senior bureaucrats despite its repeated orders regarding serious issues of infrastructure in state's courts, the Allahabad High Court in a stern order has said none else than Chief Secretary will file his affidavit in the matter and a senior officer of the State will remain present in the court to assist the Advocate...
Arbitration Cases Weekly Round-Up: 30 October To 5 November, 2022
Supreme Court: Issue Of Arbitrability Should Be Left To Arbitrator Unless On The Face It Is Found That Dispute Is Non- Arbitrable: Supreme Court Case Title: VGP Marine Kingdom Pvt Ltd versus Kay Ellen Arnold The Supreme Court reiterated that while considering application under Section 11(6) of the Arbitration and Conciliation Act, the dispute with respect to the arbitrability...
Tax Cases Weekly Round-Up: 30 October To 5 November 2022
Supreme CourtIndustrial Townships Are "Local Areas" For Entry Tax Levy By States Though They Are Excluded From Municipalities : Supreme Court Case Title: OCL India Limited vs State of Orissa Citation: 2022 LiveLaw (SC) 911 The Supreme Court upheld States' power to impose entry tax from Industrial Township/Areas. The bench of CJI UU Lalit, Justices S. Ravindra Bhat and J...