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Joint Commissioner Empowered To Initiate Proceedings Against Assessment Order Issued After Remand: Kerala High Court
In a significant ruling, the Kerala High Court upheld the jurisdiction of the Joint Commissioner to initiate proceedings under Section 56 of the Kerala Value Added Tax (KVAT) Act, 2003 against an assessment order passed by the Assessing Authority pursuant to a remand order. The Division Bench, comprising Justices A.K.…
Owner Of Kapani Resorts Restrained From Alienating Property Interests Till Arbitral Proceedings End: Bombay High Court
The Bombay High Court has issued an injunction against the owners of Kapani Resorts Pvt. Ltd. and Greater Kailash Property, prohibiting them from alienating any interest in the resorts or the property under Section 9 of the Arbitration and Conciliation Act, 1996, until the conclusion of arbitral proceedings. This…
Non-Signatories To Arbitration Agreement Can Be Made Party If Reliefs Against Them Align With Signatories: Calcutta High Court
The Calcutta High Court bench of Justices Sabyasachi Bhattacharyya and Uday Kumar has ruled that non-signatories to an arbitration agreement can be included in the arbitration proceedings if the reliefs sought against them are aligned with the reliefs sought against signatories to the agreement. The ruling emphasizes…
Re-Recording Of S.164 Cr.PC Statement Allowed After Woman Claims Pressure To File False Rape Case: Jammu & Kashmir High Court
The Jammu and Kashmir High Court recently ruled that there is no legal bar under Section 164 of the Criminal Procedure Code (CrPC) for re-recording the statement of a witness more than once. The ruling came after a petitioner sought the re-recording of her statement, asserting that her initial statement, recorded…
Cheating FIR Against Real Estate Firm Partners For Incomplete Project & Non-Refund Of Homebuyers' Money Not Quashed: Gujarat High Court
The Gujarat High Court has refused to quash the First Information Report (FIR) filed against the developers and partners of a real estate firm involved in the Suranva Residency project. The homebuyers had accused the developers of failing to complete the project, not handing over possession of the flats, and not…
[POSH Act] Court Directs State To Frame Guidelines To Ensure Anonymity Of Complainant From Public Domain During Enquiry: Kerala High Court
The Kerala High Court has issued a significant directive, instructing the State Government to formulate clear guidelines for anonymizing the complainant's identity during the inquiry proceedings under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). This…
'Allegations Embedded With Hatred, Complete Breakdown Of Marriage For One Decade,Court Grants Divorce To Couple: Orissa High Court
The Orissa High Court has granted a divorce to a couple on the grounds of desertion under Section 13(1)(i-b) of the Hindu Marriage Act, 1955. The Court observed a complete breakdown of the marriage over a period of more than a decade, where both parties leveled bitter allegations against each other, leading to…
'Taj' declared a famous trademark in hotel and hospitality industry: Delhi High Court
The Delhi High Court has declared the "TAJ" marks of the Indian Hotels Company Limited as well-known trademarks in the hospitality industry, including hotels and related services. Justice Amit Bansal observed that the long use, geographical spread, and the extensive publicity and revenue generated by the TAJ marks had…
Transfer Pricing | 'Resale Price Method' Most Appropriate To Determine ALP Where Distributor Makes No Value Addition To Imported Products: Delhi High Court
The Delhi High Court has ruled on the application of the Resale Price Method (RPM) for determining the arm's length price in the context of a solar products distributor. The Court clarified that when a distributor imports goods from an Associated Enterprise (AE) and does not add value before resale, the Resale Price…
Quarrels Between Husband & Wife Or Divorce Demands By Husband, His Relatives Not 'Cruelty' As Per S. 498A IPC: Gauhati High Court
The Gauhati High Court has clarified that quarrels between a husband and wife or the demand for divorce by the husband or his relatives do not amount to cruelty within the meaning of Section 498(A) of the Indian Penal Code (IPC). The court emphasized that the term "cruelty" in the context of Section 498(A) is specific…