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Delhi HC: Arbitration Clause Continues To Operate Even After Dissolution Of Partnership - 27.01.2023
Delhi High Court has observed that an arbitration clause contained in a contract executed with a partnership firm, will continue in effect even after the death of a partner causes the dissolution of the partnership.
Tags : Delhi High Court arbitration dissolution partnership
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NCLAT, Delhi: After Adoption Of Swiss Challenge Method, RA Not Allowed To Submit Revised Plan - 27.01.2023
National Company Law Appellate Tribunal while adjudicating an appeal filed in Jindal Stainless Ltd. v Mr. Shailendra Ajmera & Anr., has observed that after adoption of Swiss Challenge Method to find out the best plan, one Resolution Applicant cannot be allowed to submit a revised plan.
Tags : National Company Law Appellate Tribunal Resolution adoption
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NCLAT, Chennai: No Condonation Beyond 45 Days, IBC Overrides Limitation Act - 27.01.2023
National Company Law Appellate Tribunal, Chennai ruled that Section 238 of Insolvency & Bankruptcy Code, 2016 overrides Section 12 of the Limitation Act, 1963. The court declined to condone a delay of 55 days in filing of appeal, which was caused due to time taken to obtain certified copy of order.
Tags : National Company Law Appellate Tribunal condone
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SC: Lapse Of Time Between Injury, Death Doesn't Reduce Liability In Murder Case - 27.01.2023
Supreme Court has observed that when a victim dies after a lapse of considerable time due to injuries inflicted by an accused, it would not diminish the liability of the perpetrator in a murder case.
Tags : Supreme Court perpetrator murder
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Bom. HC: Informers Take Huge Risks to Furnish Information; Shall Be Rewarded As Per Policy - 27.01.2023
Bombay High Court has observed that informers take huge risks to give important information to the authorities and the authorities should reward them as per the government policy.
Tags : Bombay High Court Informers government
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Ker. HC: Presence Of Gold In Pocket Sans Appropriate Documentation Raises Suspicions Of Tax Evasion - 25.01.2023
Kerala High Court has ruled that the presence of gold in your pocket without the appropriate documentation raises suspicions of evasion of tax.
Tags : Kerala High Court gold documentation tax
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Kar. HC: State Can't Compel Landowners To Give Up Their Land Except In Accordance With Law - 25.01.2023
Karnataka High Court has said that if some landowners have relinquished their land it cannot be a ground to compel other landowners to do so except in accordance with law.
Tags : Karnataka High Court landowners compel
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ITAT: 2% TDS Deductible On Common Area Maintenance Charges - 25.01.2023
Income Tax Appellate Tribunal (ITAT), Delhi has ruled that 2% Tax Deducted at Source (TDS) is deductible on common area maintenance charges. The court observed that the common area maintenance charges were not part of the actual rent paid to the owner by the assessee company.
Tags : Income Tax Appellate Tribunal Tax Deducted at Source maintenance assessee
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Del. HC: Payment Of Tax And Penalty To Release Detained Goods Can’t Be Treated As “Admission” - 25.01.2023
Delhi High Court has held that the payment of tax and penalty to release the detained goods shall not be treated as "admission" on part of the assessee. The court has observed that the petitioner had paid the tax and penalty for the release of the goods and that the said payment was not voluntary.
Tags : Delhi High Court admission voluntary
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Mad. HC: Pre-Institution Mediation Is Pre-Suit Legal Drill, Can’t Be Post Suit Exercise - 24.01.2023
Madras High Court has highlighted that “pre-institution mediation” mandated under Section 12A of the Commercial Courts Act, 2015 is a pre-suit legal drill and it cannot be ordered as a post suit exercise.
Tags : Madras High Court Section 12A legal drill
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