News Updates
Andhra Pradesh High Court Quashes Rejection Of GST Refund Application By Axis Bank
The Andhra Pradesh High Court has quashed the rejection of a GST refund application by Axis Bank and remanded the matter back to the original authority.The division bench of Justice C. Praveen Kumar and Justice A.V. Ravindra Babu has referred to a circular dated 25.09.2021 issued clarifying that the insertion of rule (1A) to Rule 89 provides a time limit of 2 years. The two-year time limit...
Cannot Issue Directions To Authorities For Out of Turn Disposal of Matters, Amounts to Controlling Their Roster: Delhi High Court
The Delhi High Court has observed that a High Court, while exercising the powers of superintendence and control under Article 226 and 227, cannot issue directions to the competent authorities for disposal of matters as the same would amount to controlling their roster.Justice Yashwant Varma in the order said that while a statute may prescribe timelines for disposal of cases, it is for...
Withdrawal Of Resolution Plan Will Have Disastrous Effect: NCLAT
The National Company Law Appellate Tribunal (NCLAT)bench comprising of Justice Ashok Bhushan and Mr. Barun Mitra dismissed the appeal filed by the Resolution Applicant seeking permission to withdraw its resolution plan and held that allowing withdrawal of a resolution plan will have serious disastrous effect on the whole purpose of the Insolvency & Bankruptcy...
IBC Cases Weekly Round-Up: 26 September To 2 October, 2022
NCLAT Voluntary Initiation Of CIRP By Bihar State Construction Corp., NCLAT Delhi Approves Case Title: Bihar State Construction Corporation Limited Employee Union v Bihar State Construction Corporation Limited Case No.: Company Appeal (AT) (Insolvency) No. 1493 of 2019 The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Shri Anant Bijay...
Kerala Criminal Rules of Practice | Mistake By Court Staff Not Sufficient Ground To Non-Suit Party: High Court
The Kerala High Court on Friday contemplated the question as to whether non-compliance of the Kerala Criminal Rules of Practice by the court staff would be sufficient ground to non-suit the complainant or any party, and answered the same in the negative.Justice A. Badharudeen, while holding so, observed, "It is the settled law that fault committed by the court shall not stand in the way...
CBIC Rescinds Notification Extending Due Date To File GST Refund Application From 1 October 2022
The Central Board of Indirect Taxes and Customs (CBIC) has rescinded the notification extending the due date to file Goods and Service Tax (GST) refund applications from 1 October 2022."It is necessary for the recommendation of the Council, hereby rescind the notification of the Government of India, Ministry of Finance (Department of Revenue), No.20/2018-Central Tax, dated the 28th March...
[Senior Citizens Act] Lawyers Can Represent Parties Before Maintenance Tribunal, Section 17 No Bar: Delhi High Court
The Delhi High Court has said that Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 will not bar parties from having legal practitioners represent them before the Maintenance Tribunal.Section 17 of the 2007 Act specifically states no party to a proceeding before a tribunal or appellate tribunal shall be represented by a legal practitioner,...
Mumbai Court Grants Default Bail To Man Of Chinese Origin Accused Of Running Int'l Racket Of Fraudulent Loan Apps
A Mumbai court last week granted default bail to a man of Chinese origin who has been accused of being a part of an international loan fraud racket. The Metropolitan Magistrate, Kurla, Mumbai J. M. Ambodkar granted bail to Liyang Chi Sheng who has been booked under Sections 419, 420, 354 (A), 509, 384, 120 (B), r/w 56, 66 of the IT Act.It has been alleged that the accused lured hundreds...
[Industrial Disputes Act] Enquiry Under Section 33(2)(b) Meant To Lift The Veil On Any Hidden Motive To Punish The Workman: Kerala High Court
The Kerala High Court on Friday observed that the limited enquiry contemplated under Section 33 (2) (b) of the Industrial Disputes Act is only to find out whether a proper domestic enquiry has been held to prove the misconduct attributed to the workman and whether he has been afforded reasonable opportunity to defend himself in consonance with the principles of natural justice.Justice...
Bank Can Initiate Criminal Action If Account Declared Fraud, Even After Invoking SARFAESI Act: Karnataka High Court
The Karnataka High Court has said that the Central Bureau of Investigation (CBI) can investigate the complaint registered by a bank against a company and its directors, alleging offences of cheating, criminal conspiracy, even after initiation of proceedings under the SARFAESI Act and possession of the recovery certificate."This Court again in plethora of cases has clearly held that when...
Rohini Ashram Case: Delhi High Court Seeks Kiran Bedi's Assistance
The Delhi High Court has sought assistance of the retired IPS officer Kiran Bedi in a plea related to the living conditions of women at Adhyatmik Vidyalaya, a Rohini-based ashram founded by the self-styled godman Virendra Dev Dixit, who is a proclaimed offender in a sexual exploitation case. The court in April had asked Bedi, the former Lieutenant Governor of Puducherry, to supervise a...
Setting Different Retirement Age For Allopathic & Ayurvedic Doctors Discriminatory, Unconstitutional: Rajasthan High Court
While dealing with a writ petition challenging a Rajasthan Government notification, the Jaipur Bench of the High Court held that the distinction created between 'Allopathic' and 'Ayurvedic' doctors by setting different retirement ages, is unconstitutional. The impugned notification had enhanced the retirement age from 60 to 62 years only for doctors of medical and health services,...