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 Member, High Court, Judicial, Mandamus, Petition, Petitioner, Statute, Writ
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: China, Guangdong, Memorandum of understanding, Petitioner, The Companies Act 1956, Zhuhai, Zhuhai 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 Court, Customs Act, Dominion of India, India, Madhya Pradesh, Petitioner, Supreme 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 director, Bombay High Court, Director-general, Dominion of India, Government, HM Customs and Excise, Income tax, India, Intelligence officer, Petitioner, Southern Poverty Law Center, Supreme 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 tribunal, Arbitration, Arbitration clause, Bangalore, Brussels, Case Laws, Petitioner, September 2009, Supreme 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 Investigation, Delhi, Dominion of India, New Delhi, Petition, Petitioner, Sri Lanka