Arbitration Cases Weekly Round Up [16th December-22nd December 2024]

Supreme Court Arbitration Can't Be 'Optional' When Agreement Provides Arbitration Clause : Supreme Court Case Title: TARUN DHAMEJA VERSUS SUNIL DHAMEJA & ANR. Citation : 2024 LiveLaw (SC) 996 The Supreme Court held that there cannot be an 'optional' arbitration, where parties are required to mutually agree to invoke the arbitration clause. Setting aside the MP High Court's decision, the Court said that there is nothing like 'optional arbitration' that could be invoked...

Arbitration Act: Important Judgments By Supreme Court In 2024

As the year 2024 nears its end, LiveLaw brings to you a summary of important Supreme Court judgments of the year rendered in connection with the Arbitration and Conciliation Act, 1996. The same are as follows:1. Arbitral Awards Cannot Be Modified Under Sections 34 & 37 Of Arbitration & Conciliation Act : Supreme CourtCase: S.V. Samudram v. State of Karnataka [2024 LiveLaw (SC) 14]In this case, a bench of Justices Abhay S Oka and Sanjay Karol reiterated that any attempt to “modify an...

IBC Weekly Round-Up: 16th December -20th December 2024

NCLAT Disbursement Of Non Fund-Based Facilities Cannot Be Refused By Lenders When Resolution Plan Contains Clause For Disbursement: NCLAT The NCLAT New Delhi bench of Justice Ashok Bhushan (Judicial Member), Barun Mitra (Technical Member) and Arun Baroka (Technical Member) has held that Non Fund Based facilities cannot be refused to be disbursed when the approved Resolution Plan contains a clause for their disbursement. Case Title: State Bank of India & Ors. Vs. Jyoti...

Tax Weekly Round-Up [16th December - 22nd December 2024]

SUPREME COURT Coconut Oil Classifiable As 'Edible Oil' For Central Excise Tariff; If Sold As Cosmetic, Taxable As 'Hair Oil' : Supreme Court Case : Commissioner of Central Excise, Salem v. M/s Madhan Agro Industries (Pvt) Ltd Case no.: CIVIL APPEAL NO. 1766 OF 2009 The Supreme Court has held that pure coconut oil, packaged and sold in small quantities ranging from 5 ml to 2 litres, would be classifiable as 'Edible oil' for the purposes of the Central Excise Tariff Act, 1985. It...

Arbitration Weekly Round Up [9th December To 15th December 2024]

Supreme Court S. 14 Limitation Act Applicable To Proceedings Under Arbitration & Conciliation Act : Supreme Court Case : Kirpal Singh Vs Government Of India Citation : 2024 LiveLaw (SC) 970 The Supreme Court has held that Section 14 of the Limitation Act, 1963 is applicable to the Arbitration and Conciliation Act, 1996. Section 14 of the Limitation Act provides for the exclusion of the time spent in pursuing bona fide proceedings in a wrong forum from the computation of...

Tax Weekly Round-Up: December 09 - December 15, 2024

HIGH COURTS Allahabad HC [GST] Assesee Cannot File For Requisite Documents Once Plea Is Accepted And Notice Is Issued: Allahabad High Court Case Title: M/s Laxmi Telecom v. State of U.P. and Anr. Case no.: WRIT TAX No. - 2160 of 2 The Allahabad High Court has held that an assessee cannot file for the supply of requisite documents after the adjudicating body has accepted the plea placed by them and issued notice pursuant to it. The bench of Chief Justice Arun Bhansali and...

IBC Weekly Round-Up [9th December To 15th December 2024]

NOMINAL INDEXIndian Renewable Energy Development Agency Limited Versus Waaree Energies Limited and Anr., Company Appeal (AT) (Insolvency) No.1380 of 2024 Suraksha Asset Reconstruction Ltd. Vs. Varsha Bagri, Liquidator of Bharat NRE Coke Ltd., Company Appeal (AT) (Insolvency) No. 650 of 2024 & I.A. No. 2325 of 2024 Harish Chander Arora Liquidator of Rathi Super Steel Ltd. Versus The Principal Commissioner of Income Tax, Ghaziabad, & Anr., Comp. App. (AT) (Ins) No. 306 of...

Tax Weekly Round-Up: December 02 - December 08, 2024

SUPREME COURT Subsequent Purchaser Of Imported Vehicle Cannot Be Asked To Pay Customs Duty; Liability On Importer : Supreme Court Case Title: NALIN CHOKSEY VERSUS THE COMMISSIONER OF CUSTOMS, KOCHI The Supreme Court ruled that the 'subsequent purchaser' of an imported motor car cannot be called an 'importer' to attract the liability under the Customs Act, 1962 to pay customs duty on the import of the vehicle. The bench comprising Justice BV Nagarathna and Justice N Kotiswar...

Arbitration Weekly Round-Up [ 2nd December To 8th December, 2024]

High Courts Allahabad High Court Arbitration Clause Cannot Be Invoked Post Expiry Of Tenancy Agreement: Allahabad High Court Case Title: Anoop Maheshwari v. Thomas T. Kurian [S.C.C. REVISION No. - 157 of 2024] While entertaining a revision petition related to a tenancy agreement, the Allahabad High Court has held that a clause for arbitration cannot be invoked for any disputes that arise after the contract has come to an end. “… it clearly transpires that existence of a...

IBC Weekly Round Up [2nd December To 8th December, 2024]

Nominal Index: Harsh Mehta Versus Securities and Exchange Board of India and Ors., WRIT PETITION NO. 4844 OF 2024 Prabhat Jain, Liquidator of Narmada Cereal Pvt. Ltd. vs MP Industrial Development Corporation Limited and Ors.,Comp. App. (AT) (Ins.) No. 697 of 2023 & I.A. No. 2322 of 2023 Decor Paper Mills Ltd. Versus Mahashakti Plasto Pvt. Ltd., Company Appeal (AT) (Insolvency) No. 2022 of 2024 & I.A. No. 7591 of 2024 Central Transmission Utility of India Ltd. Versus...

REAL ESTATE WEEKLY ROUND UP: DECEMBER 2 – DECEMBER 8

Haryana Real Estate Regulatory Authority Haryana RERA Directs Anant Raj Builders To Pay Interest, Execute Conveyance Deed In Favor Of Homebuyer Case – Mohit Bansal Versus M/s. Anant Raj Ltd Citation – Complaint No: 6493 Of 2022 Haryana Real Estate Regulatory Authority (Authority) bench comprising of Ashok Sangwan (Member) has directed M/s. Anant Raj Ltd to pay interest for delay and execute conveyance deed in the favour of Homebuyer. Himachal Real Estate Regulatory...

IBC Monthly Digest: November 2024

NOMINAL INDEX Noida Special Economic Zone Authority Vs. Manish Agarwal & Ors., CIVIL APPEAL NOS. 5918-5919 OF 2022, 2024 LiveLaw (SC) 858 STATE BANK OF INDIA AND ORS. Versus THE CONSORTIUM OF MR. MURARI LAL JALAN AND MR. FLORIAN FRITSCH AND ANR.| C.A. No. 5023-5024/2024 and Connected, 2024 LiveLaw (SC) 866 Pratham Expofab Private Limited v. Mr. Anil Matta, Resolution Professional and Ors., Company Appeal (AT) (Insolvency) No. 1803 of 2024 Sandip Narendrakumar...