No Appeal Or Revision Against Delay Condonation In Filing Application U/S 34 For Setting Aside Arbitral Award: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has held that no appeal or revision would lie against an order allowing an application for condonation of delay accompanying an application filed under section 34 of the Arbitration and Conciliation Act for setting aside arbitral award.A bench of Justice Javed Iqbal Wani said the legislature by using expression an appeal shall lie from the orders provided therein "and from no others" in Section 37 (Appealable orders) has taken away the right to...

GST Budgetary Support Scheme Can’t Be Interpreted Liberally: J&K And Ladakh High Court

The Jammu & Kashmir and Ladakh High Courts have held that the GST Budgetary Support Scheme cannot be interpreted liberally.The bench of Chief Justice N. Kotiswar Singh and Justice Vinod Chatterji Koul has observed that the new scheme provides certain benefits by way of budgetary support to such units that were granted excise duty exemption under an earlier tax regime prior to the introduction of the GST regime. However, budgetary support is conditional and not blanket.Upon the introduction...

Requirement To Refer The Claims To Dispute Adjudication Board (DAB) Is Mandatory: Jammu & Kashmir And Ladakh HC

The High Court of Jammu & Kashmir and Ladakh has held that the requirement to refer the dispute to DAB, as per the GCC of FIDIC Contracts, is mandatory and the failure to comply with the provision results in making the dispute non-arbitrable. The bench of Justice Vinod Chatterji Koul held that when the agreement between the parties provides for reference of claims to DAB as pre-arbitration requirement and also provides for the consequences for the non-compliance, the parties must necessarily...