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UP Expressways Industrial Development Authority versus M/s. Sahakar Global Ltd. Dated 2nd December 2022: Allahabad High Court, Lucknow

   22 December 2022 at 15:50

According to the Allahabad High Court, the Court is only required to take into account the terms of the Bank Guarantee Agreement and not the provisions in the main Contract between the parties, in terms of which the guarantee was provided, when deali ..

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Arbitration Clause Is Limited To Quantum Of Damages, Termination Of Proceedings Is Valid: Delhi High Court

   21 December 2022 at 11:40

The High Court of Delhi has ruled that there can be no arbitration when the arbitration clause's scope is restricted to the number of damages solely if the insurance company's duty to pay is acknowledged.The Justice V. Kameshwar Rao bench rul ..

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Court Empowered To Grant Money Claim Under Section 9 Of A&C Act On Basis Of Admitted Claim: Bombay High Court

   21 December 2022 at 11:40

The Bombay High Court has stated once more that the rules of the Code of Civil Procedure, 1908 do not have the same scope of authority as Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act), which gives courts the authority to award ..

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AO Can't Pass Rectification Order to Disallow Set-off Of Loss By Invoking Section 79 of Income Tax Act, On Change In Assessee's Shareholding: ITAT

   20 December 2022 at 10:41

FACTSThe Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has concluded that Section 154 of the Income Tax Act, 1961 can only be used by the Assessing Officer to correct inaccuracies that are obvious on the face of the record.The bench consis ..

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Law Not Different For Govt: Supreme Court Directs Execution Of Arbitral Award Secured By DAMEPL Against DMRC In 3 Months

   19 December 2022 at 11:16

The Airport Express metro line was terminated logically within three months after Delhi Airport Metro Express Pvt Ltd (DAMEPL) withdrew from operating it due to safety concerns, and the Supreme Court ordered the Delhi High Court to carry out the exec ..

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Shocking That Many Innocent Persons Are Victims Of False Cases Under SC/ST Prevention Of Atrocities Act: Kerala High Court

   19 December 2022 at 11:16

The Kerala High Court highlighted that many innocent people had been wrongfully accused under the SC/ST (POA) Act.The Court made this observation while hearing an anticipatory bail application: "It is astonishing, rather mind-boggling, that many ..

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Delhi High Court Says Principle of 'Noscitur a Sociis' Doesn't Apply Only Where Word's Meaning Is Uncertain

   16 December 2022 at 11:43

The Delhi High Court has rejected a review petition that challenged the court's interpretation of the noscitur a sociis and ejusdem generis principles in a recent ruling, saying they are intended to be exceptions to the applicability of an expres ..

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Allahabad High Court Held That CMM/DM Is Not Required To Produce Notice To Borrower Before Obtaining Possession Of Secured Asset As Under Section 14 Of SARFAESI Act

   16 December 2022 at 11:43

High Court of Allahabad held that the Chief Metropolitan Magistrate (CMM) or District Magistrate (DM) acting under Section 14 of Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 shall not be requir ..

Posted in Others |   140 Views


Supreme Court Held Section 45(4) Of Income Tax Act Applies To Subsisting Partners Of A Partnership Firm Transferring Assets In Favor Of A Retiring Partner

   13 December 2022 at 14:39

Supreme Court Bench comprising Justices M.R. Shah and M.M Sundreshheld that Section 45 (4) of the Income Tax Act applies to dissolution cases and cases of subsisting partners of a partnership, transferring assets in favor of a retiring partner. The ..

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Supreme Court Shifted The Conviction To Section 302 IPC Of A Husband Accused Of Killing Wife In The “Spur Of The Moment”

   09 December 2022 at 13:23

The Supreme Court set aside a conviction of murder of a man for killing his wife and altered it as a conviction under Section 304 Part II IPC. When the court found that the incident happened inthe spur of the moment, the accused immediately tried to ..

Posted in Others |   204 Views




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