Complaint Against ITAT Members – Writ to restrain Members from discharging statutory functions not maintainable

CLR Editorial Notes: The Petitioner, a Chartered Accountant practicing before the Amritsar Bench of the Tribunal, filed a Writ Petition alleging that he was facing a lot of harassment at the hands of the Judicial Member and the Accountant Member of the Amritsar ITAT Bench. He alleged that the said Members were totally prejudiced against him… Read More

Tags: Accountant MemberHigh CourtJudicialMandamusPetitionPetitionerStatuteWrit

Sections 433(e) and 434 – Exercising winding up not possible if disputes between parties pending

CLR Editorial Notes: In the current case, the petitioner had three separate contracts entered into between tw0 parties. One of the said contracts was for the supply of cables and the other two contracts were for the supply of electrical accessories, i.e., Jumpers, Connectors and Surge Arrestors. Prior to this contract, both the parties had been… Read More

Tags: ChinaGuangdongMemorandum of understandingPetitionerThe Companies Act 1956ZhuhaiZhuhai Hansen Technology Co

Settlement Commission has no jurisdiction to grant immunity or waiver from the statutory liability to pay interest

Ratio of the Case: With effect from 1 June 2007 an amended provision was brought into force by which the Settlement Commission cannot any longer grant a waiver or immunity from the liability to pay interest. CLR Editorial Notes: The Petitioner is this case had challenged an order of the Settlement Commission under section 127 C (5) of… Read More

Tags: Bombay High CourtCustoms ActDominion of IndiaIndiaMadhya PradeshPetitionerSupreme Court

Customs – Search proceedings quashed by High Court as “reason to believe” absent

2013 (4) TMI 87 - BOMBAY HIGH COURT Other Citation: 2012 (286) E.L.T. 343 (Bom.) SAMADHAN STEEL TRADERS Versus UNION OF INDIA No. - Writ Petition No. 6043 of 2011 Dated - 14 August 2012 Reason for initiating search proceedings - Department conducted a search proceedings u/s 105 of Customs Act on a legal opinion… Read More

Tags: Assistant directorBombay High CourtDirector-generalDominion of IndiaGovernmentHM Customs and ExciseIncome taxIndiaIntelligence officerPetitionerSouthern Poverty Law CenterSupreme Court

Even on the termination of the agreement/contract, the arbitration agreement would still survive

CLR Editorial Note: The main issue in dispute in the present case was whether disputes that have arisen in relation to the termination of the MOU and the consequences thereof, are covered by the arbitration clause in the MOU which clearly provides for resolution of disputes through arbitration. The Supreme Court has held that since the… Read More

Tags: Arbitral tribunalArbitrationArbitration clauseBangaloreBrusselsCase LawsPetitionerSeptember 2009Supreme Court

Court duty bound to provide relief when called upon – is open to exercise jurisdiction, under Article 226

CLR Editorial Note: When the Constitution confers on the High Court the power to give relief, it becomes the duty of the court to give such relief and that the existence of an alternative remedy is not always a sufficient reason for refusing a party quick relief by way of a writ. Jurisdiction under Article 226… Read More

Tags: Central Bureau of InvestigationDelhiDominion of IndiaNew DelhiPetitionPetitionerSri Lanka

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