News Updates
Preponderance Of Probability & Not Strict Principles Of Proof Like In Criminal Case Applicable In Motor Accident Claims: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that the strict principles of proof in a criminal case will not be applicable in a claim for compensation under the Motor Vehicles Act and that standard to be followed in motor accident claims is one of preponderance of probability rather than one of proof beyond reasonable doubt. A bench of Justice Vinod Chaterjee Koul...
Insolvency Plea Against Kishore Biyani Led Future Enterprises Ltd., NCLT Mumbai Issues Notice
The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Shri H.V. Subba Rao (Judicial Member) and Smt. Anuradha Sanjay Bhatia (Technical Member), while adjudicating a petition filed in Foresight Innovations Pvt. Ltd. v Future Enterprises Ltd., has issued notice to Future Enterprises Ltd. in a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 ("IBC")...
Mobilization Advance Is An Operational Debt: NCLAT Delhi
The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Justice M. Satyanarayana Murthy (Judicial Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Athena Demwe Power Ltd. v Abir Infrastructure Private Limited & Ors., has held that a mobilization advance given for mobilization...
Interest Levied On Arrears Or Late Payment Of Customs Duty Allowable On Actual Payment Basis: ITAT
The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT) has held that customs duty is allowable only on a payment basis under section 43B of the Income Tax Act. The interest levied on arrears or late payment of customs duty is also allowable on an actual payment basis under section 43B. The two-member bench of George George K (Judicial Member) and Laxmi Prasad Sahu...
IBC Cases Weekly Round-Up: 15 August To 21 August 2022
NCLAT Banker's Certificate Not Mandatorily Required To Trigger CIRP Under Section 9 Of IBC: NCLAT Delhi Case Title: M/s Quippo Infrastructure Limited v M.R. Nirman Private Limited Case No.: Company Appeal (AT) (Insolvency) No. 1516 of 2019. The National Company Law Appellate Tribunal ("NCLAT"), New Delhi Bench, comprising of Justice Anant Bijay Singh (Judicial Member) and...
Time Barred Appeal Against Decree Does Not Amount Pre -Existing Dispute Under Insolvency And Bankruptcy Code, 2016: NCLAT
The National Company Law Appellate Tribunal (NCLAT) bench comprising of Justice Rakesh Kumar and Dr. Alok Srivastava held that a time barred appeal against the decree filed after the issuance of demand notice under Section 8 of the Insolvency & Bankruptcy Code, 2016 (IBC/Code) will not amount to a pre-existing dispute. NCLT, Kolkata dismissed the application filed by the...
Municipalities Can't Engage Manual Scavengers Through Private Contractors, Commissioners To Be Held Responsible: Madras High Court
While hearing a petition seeking to put an end to the practice of manual scavenging, the Madras High Court on Monday held that if any municipality was seen to engage in the practice of manual scavenging, even through private contractors, the Commissioner of the said municipality shall be made liable for the same. The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala...
Description Of New Aluminium Section As Aluminium Scrap, Rajasthan High Court Upholds Detention Order
The Rajasthan High Court has held that, by no stretch of imagination, can brand new aluminium sections be placed on equivalence with aluminium scrap. The goods were fraudulently described as aluminium scrap.The division bench of Justice Sandeep Mehta and Justice Kuldeep Mathur has observed that the department was justified in detaining the petitioner's vehicle and the goods after...
Claims Arising Out Of Grant Of Licence/Permission For Use Of Intellectual Property Rights Is An Operational Debt: NCLAT Delhi
The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Anant Bijay Singh (Judicial Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in Somesh Choudhary v Knight Riders Sports Private Limited & Ors., has held that claims arising out of grant of an exclusive right and license to use intellectual property...
Cenvat Credit Of Service Tax Can Be Availed On Debit Notes: CESTAT
The Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has observed that the Cenvat credit of Service Tax can be availed on debit notes under the scheme of the Cenvat Credit Rules, 2004.The bench of P.K. Chaudhary (Judicial Member) has observed that an invoice issued by a provider of input service is a valid document for availment of Cenvat credit. The...
Once Dissolution Application Is Filed After Liquidation, Adjudicating Authority Has No Discretion :NCLAT Delhi
The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Rakesh Kumar (Judicial Member) and Dr. Ashok Kumar Mishra (Technical Member), while adjudicating an appeal filed in Sudhir Kumar Goel & Ors. v M/s Shashi Oils and Fats Pvt. Ltd. & Ors, has held that once the liquidation process is complete and an application is filed by the liquidator...
Mere Erroneous Application Of Law; Award Need Not Be Set Aside: Bombay High Court
The Bombay High Court has reiterated that when the court is convinced that the Arbitrator has erred only on specific issues and that the arbitral award is otherwise sustainable, the court is not mandatorily required to set aside the entire award under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act). The Single Bench of Justice Manish Pitale ruled that though...