Arbitration Weekly Round-Up [27th January - 2nd February 2025]

Supreme Court Arbitration Act | Appellate Courts Can't Reassess Awards, Must Limit Enquiry On Public Policy Breach : Supreme Court Case Title: SOMDATT BUILDERS –NCC – NEC(JV) VERSUS NATIONAL HIGHWAYS AUTHORITY OF INDIA & ORS. Citation : 2025 LiveLaw (SC) 115 The Supreme Court reaffirmed that arbitral awards should only be interfered with in cases of perversity, violation of public policy, or patent illegality. It emphasized that appellate courts cannot reassess the...

Arbitration Cases Weekly Round-Up [20th January-26th January 2025]

Supreme Court Can HC Appoint Sole Arbitrator When Arbitration Clause Provides For Unilateral Appointment Of Arbitrator ? Supreme Court To Consider Case Detail : M/S R.S. CONSTRUCTION vs. BUILDING CONSTRUCTION DEPARTMENT SLP(C) No. 000979 - / 2025 The Supreme Court on Monday ( January 20) agreed to consider the issue of whether the High Court can appoint a sole arbitrator under the Arbitration and Conciliation Act 1996 if the arbitration agreement between parties provides for ...

IBC Cases Weekly Round-Up [20th January To 26th January 2025]

Nominal Index: Umang Realtech Pvt. Ltd. vs. Mrs Daphne Reita Rajan Sharma & Anr.,RERA APPEAL 7/2024 M/s Jones Lang Lasalle Building Operations Pvt. Ltd. vs. M/s Celebration City Projects Pvt. Ltd., IA-3686/2022 in Company Petition No. (IB)- 652(PB)/2019 Assistant Commissioner CGST & Central Excise, Kadi Division Vs. Pradeep Kabra, RP of Cengres Tiles Ltd.', Company Appeal (AT) (Ins) No. 844 of 2024 Kotak Mahindra Bank Ltd. Versus Mohit Kumar Legal Heir of...

Tax Weekly Round-Up: January 20 - January 26, 2025

SUPREME COURTSupreme Court Sets Aside Excise Duty Demand On Oil Marketing Companies For Inter-Supply Of Petroleum ProductsCase Title: Bharat Petroleum Corporation Ltd. versus Commissioner of Central Excise Nashik Commissionerate (and connected matters)Case no.: CIVIL APPEAL NO. 5642 OF 2009In a significant relief for Oil Marketing Companies (OMCs), the Supreme Court ruled (Jan. 20) that prices under the MoU for inter-supply of petroleum products, designed to ensure smooth nationwide...

Arbitration Weekly Round-Up: [13th January-19th January 2025]

High Courts Calcutta High Court Section 8 Application Must Be Filed Before Or Simultaneously With Written Statement: Calcutta High Court Case Title: Smt. Gitarani Maity -vs- 1A. Mrs. Krishna Chakraborty and others Case Number: FAT No. 308 of 2023 The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya and Justice Subhendu Samanta held that when no application for reference to arbitration under Section 8 of the Arbitration Act is made by either party, the civil...

IBC Weekly Round Up [13th January To 19th January, 2025]

Nominal Index Ganesh Chandra Bamrana and Ors. vs. Rukmani Gupta, CRL. M.C. 6170/2022 & CRL. M.A. 24285/2022, CRL.M.C. 6178/2022 & CRL.M.A. 24297/2022 Ashmeet Singh Bhatia Versus Rakesh Verma Authorised Representative and Anr., Company Appeal (AT) (Insolvency) No. 1924 of 2024 & I.A. No. 7124 of 2024 M/s Acute Daily Media Pvt. Ltd. & Ors. Versus M/s Rockman Advertising and Marketing (India) Ltd. & Ors., Company Appeal (AT) (Insolvency) No. 1480 of 2024 ...

Tax Weekly Round-Up: January 13 - January 19, 2025

SUPREME COURT'Will Pull You Up' : Supreme Court Asks GST Department To Rectify Issues Over Fake Invoices, Asks How Genuine Purchasers Are LiableThe Supreme Court on Wednesday flagged a recurring problem in GST matters whereby genuine purchasers who paid Goods and Services Tax (GST) face issues because their suppliers raised fictitious bills to evade crediting the GST to the department.The Court orally wondered how could the purchaser be held liable for the incorrect GST registration of the...

Arbitration Cases Weekly Round-Up: 6th January To 12th January 2025

Supreme Court Supreme Court Sets Aside Awards Of Over Rs 46 Lakhs Passed Against UP Govt In Sham Arbitration Proceedings Case Details : STATE OF UTTAR PRADESH AND ANOTHER VERSUS R.K. PANDEY AND ANOTHER | CIVIL APPEAL NO. 10212 OF 2014 Citation : 2025 LiveLaw (SC) 45 The Supreme Court on Thursday (January 9) set aside two ex-parte arbitration awards on grounds of fraud played by the litigant who appointed sole arbitrators and conducted 'sham' arbitration proceedings in a...

IBC Weekly Round Up [6th January-12th January 2025]

NOMINAL INDEX: Harpal Singh Chawla v. Vivek Khanna & Ors., Civil Appeal No. 14708/2024 Drish Shoes Workers Union Versus Drish Shoes Ltd., Company Appeal (AT) (Insolvency) No.2281 of 2024 & I.A. No.8501 of 2024 Nabard Consultancy Services Pvt. Ltd Versus Dharmendra Kumar, (Official Liquidator for IAP Company Pvt. Ltd.), Company Appeal (AT) (Insolvency) No.2196 of 2024 Indospirit Distribution Limited Vs Kristal Spirits India Pvt Ltd, COMPANY APPEAL (AT)(Ins) No.503...

Tax Weekly Round-Up: 6th January - 12th January 2025

SUPREME COURT Reduction In Share Capital Amounts To Transfer Of Capital Asset Under Income Tax Act : Supreme Court Case Name: PRINCIPAL COMMISSIONER OF INCOME TAX-4 & ANR v. M/S. JUPITER CAPITAL PVT. LTD. Case no.: SPECIAL LEAVE PETITION NO. 63 OF 2025 The Supreme Court (recently on January 02) reiterated that reduction in share capital is covered under Section 2(47) of the Income Tax Act, 1961, which talks about transfer of a capital asset. It explained that such reduction...

IBC Weekly Round-Up: 30th December 2024-5th January 2025

Nominal Index Adroit Pharmaceuticals Pvt. Ltd. Through Its Director Sanjay Kukreja Vs. Amit Poddar Resolution Professional & Ors., Company Appeal (AT) (Insolvency) No. 1274 of 2024 Super Floorings Pvt. Ltd. Vs. Napin Impex Ltd., Company Appeal (AT) (Insolvency) No. 1928 of 2024 & I.A. No.7115 of 2024 Mr. Tajinder Singh Bhathal vs. MRF Limited & Ors., Company Appeal (AT) (CH) No. 94/2023 (IA No.1191/2023) MOHAMMED ENTERPRISES (TANZANIA) LTD. VERSUS FAROOQ ALI KHAN...

Tax Weekly Round-Up: 30th December 2024 - 5th January 2025

SUPREME COURT Motor Accident Claims - Tax Returns Can Be Accepted To Determine Income Only If They Are Appropriately Produced : Supreme Court Case name: New India Assurance Co. Ltd. V. Sonigra Juhi Uttamchand. Case no.: SLP (C) No. 30491 of 2018 The Supreme Court, recently (on January 02), while deciding a motor accident compensation claim case, observed that monthly income could be fixed after taking into account the tax returns. However, the details of tax payment must be...