Judgement

Insolvency resolution process has to be completed within 330 days maximum, but in exceptional cases, the period can be extended by Adjudicating Authority/Appellate Tribunal (Whispering Tower Flat Owner Welfare Association Vs. Abhay Narayan Manudhane, RP of the Corporate Debtor and Ors.)(NATIONAL COMPANY LAW APPELLATE TRIBUNAL) (04.01.2022)
Present Appeals have been filed against judgment passed by the National Company Law Tribunal, Mumbai Bench, rejecting the application filed by the Res....
MANU/NL/0007/2022
Insolvency
Only on the basis of statement of third party, no demand could be made (Alok Ispat Pvt Ltd vs. Principal Commissioner, Central Tax)(Customs, Excise and Service Tax Appellate Tribunal) (06.01.2022)
The Appellant is engaged in the manufacture of M.S. Ingots, which are dutiable and is registered with the Department. The Appellant has been making re....
MANU/CE/0008/2022
Excise
Provisions of Section 9D of the Central Excise Act, 1944 are mandatory in nature and have to be followed by the Adjudicating Authority, the absence of which vitiates the adjudicating process (Bhagwati Traders vs. Commissioner, CGST and Central Excise)(Customs, Excise and Service Tax Appellate Tribunal) (06.01.2022)
The Appellant is a trader of Iron & Steel products and is engaged in purchase and sale of CTD/TMT bars. According to the Department, present is a case....
MANU/CE/0010/2022
Excise
Where one or more members of the family are already in Government Service, employment assistance should not be provided to the second or third member of the family (Moti Ram Vs. Himachal Pradesh Electricity Board Limited and Ors.)(High Court of Himachal Pradesh) (03.01.2022)
Petitioner had filed original application before present Court. Learned counsel for the Petitioner has submitted that, the father of the Petitioner wa....
MANU/HP/0010/2022
Service
Merely because an application is filed under Section 34(4) of the Arbitration Act by a party, it is not always obligatory on the part of the Court to remit the matter to Arbitral Tribunal (I-Pay Clearing Services Private Limited vs. ICICI Bank Limited)(Supreme Court) (03.01.2022)
Present appeal is filed, aggrieved by the order passed by the High Court of in Commercial Arbitration Petition. The High Court was of the view that th....
MANU/SC/0005/2022
Arbitration
There is no absolute right in favour of the delinquent officer’s to be represented in the departmental proceedings through the agent of his choice (The Rajasthan Marudhara Gramin Bank and Ors. vs. Ramesh Chandra Meena and Ors.)(Supreme Court) (04.01.2022)
The Appellant Bank has preferred the present appeal against the impugned judgment passed by the High Court, by which, the Division Bench of the High C....
MANU/SC/0007/2022
Service