All India Annual Digest Of IBC Cases-2022- Supreme Court, High Courts And Tribunals

SUPREME COURTSupreme Court Declares Noida As An Operational Creditor Under The Insolvency And Bankruptcy Code, 2016Case title: New Okhla Industrial Development Authority v Anand SonbhadraCase No.: Civil Appeal No. 2222 of 2021The Supreme Court Bench comprising of Justice KM Joseph and Justice Hrishikesh Roy has upheld the NCLAT judgment wherein it was held that the NOIDA is an Operational Creditor under IBC and not a Financial Creditor. The order was passed on 17.05.2022.The...

20 Important Supreme Court Judgments on Income Tax with Parallel Citations

Section 45(4) of Income Tax Act applicable to cases of subsisting partners of a partnership transferring the assets in favour of a retiring partner. Commissioner of Income Tax v. Mansukh Dyeing and Printing Mills, 2022 LiveLaw (SC) 991Section 260A IT Act - Appeal only lies before high court within whose jurisdiction the assessing officer is situated. Commissioner of Income Tax - I v. Balak Capital Pvt. Ltd; 2022 LiveLaw (SC) 982Sec.194H Income Tax Act attracted for 'supplementary commission'...

All India Annual Digest Of Arbitration Cases-2022- Supreme Court And High Courts

Supreme Court:Issue Of Arbitrability Should Be Left To Arbitrator Unless On The Face It Is Found That Dispute Is Non- Arbitrable: Supreme CourtCase Title: VGP Marine Kingdom Pvt Ltd versus Kay Ellen ArnoldCitation: 2022 LiveLaw (SC) 914The Supreme Court reiterated that while considering application under Section 11(6) of the Arbitration and Conciliation Act, the dispute with respect to the arbitrability should be left to the arbitrator, unless on the face it is found that the dispute is not...

Supreme Court Annual Digest 2022- Arbitration [ With Parallel Citations]

Arbitration Act, 1940ArbitrationAct, 1940- The powers exercised by the court under the provisions of the 1940 Act arejudicial powers and that the power to make an award "Rule of Court" is not amechanical power. (Para 127 (ii), 113) Secretaryof Govt. of Kerala Irrigation Department v. James Varghese, 2022 LiveLaw (SC) 447 : (2022) 9 SCC 593Arbitration and Conciliation Act1996Arbitration and Conciliation Act, 1996 - Appeal against Bombay HC judgment which dismissed appeal against interimaward of...

Best Of 2022- 40 Important Supreme Court Judgments On ARBITRATION With Parallel Citations

Court while considering application seeking appointment of arbitrator cannot go into question of novation of contract. Meenakshi Solar Power Pvt. Ltd. v. Abhyudaya Green Economic Zones Pvt. Ltd., 2022 LiveLaw (SC) 988Issue of arbitrability should be left to arbitrator unless on the face it is found that dispute is non- arbitrable. VGP Marine Kingdom Pvt. Ltd. v. Kay Ellen Arnold, 2022 LiveLaw (SC) 914Petition to set aside arbitral award lies before a high court only when it possesses...