News Updates
S.139 Evidence Act | IO Who Merely Collected Documents Can't Be Cross-Examined With Regard To Its Contents: Punjab & Haryana High Court
The Punjab and Haryana High Court recently refused to grant permission for cross-examination of an Investigating Officer who had collected documents against the Petitioner-accused in a corruption case, citing Section 139 of the Indian Evidence Act.The provision states that a person summoned to produce a document does not become a witness by the mere fact that he produces it, and cannot...
S.22 SRA | Civil Courts May Grant Ancillary Reliefs To Give Full Effect To Decree For Specific Performance: Telangana High Court
The Telangana High Court recently upheld an order passed by the Executing Court directing removal of illegal structures raised in the suit schedule property after passing of a decree for specific performance, ordering delivery of possession, in favour of the defendants/ decree holders.It observed that decree for specific performance cannot be frustrated in such manner and that the civil...
Bombay High Court Weekly Round-Up: July 3 to July 9 2022
NOMINAL INDEX Siddharth Pithani vs UOI 2022 LiveLaw (Bom) 241 Priya Malay Sheth versus VLCC Health Care Ltd. 2022 LiveLaw (Bom) 242 TATA Motors Ltd. & Anr. V The Brihan Mumbai Electric Supply & Transport Undertaking (BEST) 2022 LiveLaw (Bom) 243 Anganwadi Karmachari Sanghatana and ors vs. Union of India and ors. 2022 LiveLaw (Bom) 244 Monika Narendra Sharma...
Delhi High Court Weekly Round Up: July 4 To July 10, 2022
NOMINAL INDEXCitations 2022 LiveLaw (Del) 599 TO 2022 LiveLaw (Del) 633Case Title: Ashwini Kumar Upadhyay v. Union of India 2022 LiveLaw (Del) 599Case Title: Ashwini Kumar Upadhyay v. Union of India 2022 LiveLaw (Del) 600Case Title: SH AWANEESH CHANDRA JHA v. ANIL PRASAD NANDA 2022 LiveLaw (Del) 601Case Title: JOHNSON JACOB v. STATE 2022 LiveLaw (Del) 602Case Title: DHRUV TEWARI v. DIRECTORATE...
Toll Charges Are Included In The Value Of Outward Supply: Tamil Nadu AAR
The Tamil Nadu Authority of Advance Ruling (AAR) consisting of T.G.Venkatesh and K.Latha has ruled that the value of toll charges, being incidental expenses incurred while providing outward supply, is liable to be included in the value of outward supply of service. The applicant is in the business of providing support services in relation to the rental of road vehicles, including...
Arbitration Cases Weekly Round-Up: 3 July To 9 July, 2022
Bombay High Court: Invocation Of Arbitration Has To Be In Clear Terms; Merely Stating Claims Would Not Suffice: Bombay High Court Case Title: M/s. D.P. Construction versus M/s. Vishvaraj Environment Pvt. Ltd. The Bombay High Court has ruled that invocation of arbitration has to be in clear terms, as specified in Section 21 of the Arbitration and Conciliation Act, 1996 (A&C...
Even Though Limitation Is Not Set Up As Defence, Tribunal Should Examine: NCLT Chennai
The National Company Law Tribunal (NCLT), Chennai Bench, comprising of Justice (Retd.) S. Ramathilagam (Judicial Member) and Shri Anil Kumar B (Technical Member), while adjudicating an application filed in Bank of Baroda v Rajiv Rai, has held that limitation applies to an application filed under Section 95 of the Insolvency and Bankruptcy Code, 2016 ("IBC") for initiating...
Information Memorandum Should Reflect Creditors Claim , If It Finds Place In Balance Sheet : NCLT Indore
The National Company Law Tribunal ("NCLT"), Indore Bench, comprising of Shri Madan B. Gosavi (Judicial Member) and Shri Kaushalendra Kumar Singh (Technical Member), while adjudicating an application filed in Bank of Baroda v Divya Jyoti Industries Ltd., has held that if a claim of a creditor appears in the audited balance sheet of the Corporate Debtor, then it is the duty of...
Tax Cases Weekly Round-Up: 3 July To 9 July, 2022
Delhi High Court Voluntary Statement Made Before The Revenue Authorities Cannot Substitute A Statutory Pre-Show Cause Consultation Notice: Delhi High Court Case Title: Gulati Enterprises versus Central Board of Indirect Taxes and Customs & Ors. Citation: 2022 LiveLaw (Del) 604 The Delhi High Court has reiterated that a voluntary statement made before the revenue...
Karnataka High Court Weekly Roundup: July 4 - July 10 l, 2022
NOMINAL INDEXPRABHUNAIKA K.T v. STATE OF KARNATAKA, 2022 LiveLaw (Kar) 242CHURCH OF SOUTH INDIA TRUST ASSOCIATION v K.L.JAYAPRAKASH, 2022 LiveLaw (Kar) 243Irfan Pasha v. National Investigation Agency, 2022 LiveLaw (Kar) 244Commissioner of Central Tax Vs ABB Limited, 2022 LiveLaw (Kar) 245 Xiaomi Technology India Private Limited v. Union of India, 2022 LiveLaw (Kar) 246 SHABANNA TAJ v. STATE...
Orissa High Court Monthly Digest: June 2022 [Citations 94-107]
Nominal Index: Siba Prasanna Pathy v. State of Odisha & Ors., 2022 LiveLaw (Ori) 94 Pradip Kumar Sahoo v. Principal Secretary to Govt., School and Mass Education Deptt. & Ors., 2022 LiveLaw (Ori) 95 Mohammad Arif v. Enforcement Directorate, 2022 LiveLaw (Ori) 96 Bhuban Mohan Behera v. State of Odisha & Anr., 2022 LiveLaw (Ori) 97 Rajendra Mohanta v....
Kerala High Court Weekly Round Up: July 4 - July 10, 2022
Nominal Index [Citations 2022 LiveLaw (Ker) 320-339]1. Vasu Kallayi v. State of Kerala & Ors. 2022 LiveLaw (Ker) 3202. Cheshire Tarzan v. State of Kerala & Ors. 2022 LiveLaw (Ker) 3213. State of Kerala v. XXX 2022 LiveLaw (Ker) 3224. XXX v. State Of Kerala & Anr. 2022 LiveLaw (Ker) 3235. Sathy & Ors v. Dileep I.S & Ors. 2022 LiveLaw (Ker) 3246. Ansar Najeeb & Ors v....