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2020 (5) TMI 742
Breach of contractual obligations - Whether COVID-19 can provide succour to a party in breach of contractual obligations? - Whether the invocation of the Bank Guarantees is liable to be injuncted on the ground of occurrence of a force majeure event i.e., COVID-19, if the breach occurred prior to the said outbreak? Breach of contractual obligations - HELD THAT:- The question as to whether COVID-19 would justify non-performance or breach of a contract has to be examined on the facts and circumstances of each case. Every breach or non-performance....... + More
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2020 (5) TMI 741
Gift instrument - Impounding the document treating the same to be as a Gift under Article 33 of Schedule IA of the Indian Stamp Act, 1899 as applicable to the Union Territory of Delhi - Release Deed deficiently stamped - HELD THAT:- In RANGANAYAKAMMA ANR, VERSUS KS. PRAKASH (D) BY LRS. ORS. [ 2008 (5) TMI 635 - SUPREME COURT] , the Supreme Court observed that renunciation in the Indian context may be for consideration or may not be for consideration. Whether the instrument amounts to a release document or not is not a pure question of law. In ....... + More
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2020 (5) TMI 740
Illegal gratification - Criminal misconduct - sub-clauses (ii) and (iii) of clause (d) of sub-section (1) of section 13 read with sub-section (2) of section 13 of the Prevention of Corruption Act, 1988 - whether it was necessary for the prosecution to establish that the appellant had demanded illegal gratification, for securing the appellant's conviction for committing an offence under section 13(1)(d) of the PC Act? - HELD THAT:- A plain reading of sub clause (ii) and sub-clause (iii) of clause (d) sub-section (1) of section 13 of the PC ....... + More
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2020 (5) TMI 739
Doctrine of forum non-conveniens - Territorial jurisdiction of this Court - place of cause of action - It was argued that no cause of action or part of cause of action has accrued to the petitioners within the State of U.P. and merely because the appellate and the revisional order had been communicated to them at their respective home districts in the State of Uttar Pradesh, same would not confer jurisdiction upon this Court to entertain the writ petitions. HELD THAT:- What would constitute a cause of action obviously would depend upon the nat....... + More
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2020 (5) TMI 738
Rejection of claim for interest on deemed loan component - HELD THAT:- There is no dispute that the PPA which the parties entered into specifically referred to the notification of 30.03.1992 and further went on to state that for the first Kwh/KW, a plant load factor of 68.5% fixed charges and variable charges were deployed. For generation achieved over and above this by the concerned unit CLP, an incentive @ 5.75% for every 1% increase over and above the fixed and variable charge payable was agreed to. Significantly, the fixed and variable cha....... + More
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2020 (5) TMI 737
Seeking cancellation of bail granted - accused/respondent is alleged to have played a major role in fixing the matches - HELD THAT:- While it is no doubt correct that cancellation of bail is no longer limited to the occurrence of supervening circumstances and in the absence of any such supervening circumstances, the court dealing with an application for cancellation of bail is empowered to consider the soundness of the bail order, it should not act capriciously and without good reason to cancel the bail once granted as liberty of an individual....... + More
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2020 (5) TMI 736
Recovery with future interest on the basis of written contract and negotiable instrument - It was contended that in view of the commencement of the proceedings under the SARFAESI Act there was a bar to institution of the suit - HELD THAT:- There can be no quarrel with the proposition that once the Pawnee invokes the pledge and sells the security the Pawnee is in law bound to give credit to the Pawner of the value of the sale proceeds. If the value of the sale proceeds exceeds the amount of debt the Pawnee is bound to refund the said excess amo....... + More
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2020 (5) TMI 735
Grant of Anticipatory Bail - it is alleged that the applicant had made a tweet on website Twitter.com which was allegedly defamatory towards the Chief Minister of Uttar Pradesh - HELD THAT:- The concept of anticipatory bail was introduced in Cr.P.C. by 1973 amendment. The said provision can be invoked by a person who has a reasonable apprehension that he may be arrested for committing a non-bailable offence. The main purpose for incorporating Section 438 in Cr.P.C. was that the liberty of an individual should not be unnecessarily jeopardised. ....... + More
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2020 (5) TMI 734
Seeking grant of Bail - allegation of idol theft - benefit of Section 167(2) of Cr.P.C - COVID-19 situation - HELD THAT:- On considering the antecedent of the accused, crime alleged, abscondance of few more accused persons and non-recovery of the remaining stolen property this court finds that the petitioner does not deserve bail at this juncture. Whether the petitioner is entitle to avail the benefit of Section 167(2) of Cr.P.C? - HELD THAT:- Taking note of the Covid-19 situation and realising the gravity of the pandemic, the Hon'ble Supr....... + More
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2020 (5) TMI 733
Domestic award between two Indian entities - Patent illegality - HELD THAT:- After considering the Constitution Bench decision in DURGA SHANKAR MEHTA VERSUS THAKUR RAGHURAJ SINGH AND OTHERS. [ 1954 (5) TMI 25 - SUPREME COURT] and number of other judgments, in BUSSA OVERSEAS PROPERTIES (P) LTD. ANOTHER VERSUS UNION OF INDIA ANOTHER [ 2016 (1) TMI 914 - SUPREME COURT] , the Court held that consistency is the cornerstone of the administration of justice and courts have evolved and formulated a principle that if the basic judgment is not assailed ....... + More
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2020 (5) TMI 732
TP Adjustment - AMP expenditure - International transaction - HELD THAT:- In the instant case, there is not an iota of material on the file apart from applying the BLT and by taking the view that the taxpayer has incurred huge AMP/sales expenses to the tune of 6.42%, no cogent material is there to treat the incurring of AMP expenses as international transaction more particularly when basis for treating the AMP expenses as international transaction i.e. BLT is not a legally sustainable method. Undisputedly, there is no change in the FAR of the ....... + More
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2020 (5) TMI 731
TP Adjustment - comparable selection - RPT filter @ 25% - HELD THAT:- We are of the considered opinion that this matter requires verification at the level of TPO for determination of the inclusion and/or exclusion of this comparable on the basis of RPT filter as adopted by the assessee and the TPO. We, therefore, deem it proper to restore this issue to the file of the AO/TPO for deciding this issue afresh after verification of the RPT from the financials already furnished by the assessee. Ground of appeal No.1 is accordingly allowed for statis....... + More
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2020 (5) TMI 730
Seeking approval of the Resolution Plan - Categorized as Unsecured Financial Creditor - correct or not - Section 30(6) r/w Section 31 of the Insolvency and Bankruptcy Code, 2016 NCLAT has dismissed the appeal [ 2019 (12) TMI 1490 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI] , stating that, As the case of the Appellant- Tourism Finance Corporation of India Limited was not covered by any of the grounds mentioned in Section 61(3) and this Appellate Tribunal cannot decide the question of fact relating to whether it is a Secured Creditor o....... + More
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2020 (5) TMI 729
Dishonor of Cheque - accused is guilty for the offence punishable under Section 138 of the Negotiable Instruments Act or not - acquittal of the accused - statutory notice received by the accused does not contain the signature of the Advocate - whether a lawyer notice issued, without the signature of the lawyer can be treated as a defective notice? HELD THAT:- There is no form of notice is prescribed under Clause (b) of the proviso to Section 138 of the Negotiable Instruments Act. The proviso only says that the payee or the holder in due course....... + More
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2020 (5) TMI 728
Territorial Jurisdiction - part of cause of action has arisen within the jurisdiction of this Court or not - Article 226(2) of the Constitution of India - HELD THAT:- The place of residence or work of petitioner and/or respondent may not be much relevant in determining the jurisdictional aspect. The determinative fact is the place of accrual of cause of action or part of cause of action. This Court can issue directions against the respondents situated beyond the territorial jurisdiction of this Court provided part of cause of action has arisen....... + More
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2020 (5) TMI 727
Effect of enactment of National Green Tribunal Act, 2010 - Solid Waste Disposal and Management project - harmful to the health of the citizens of the Panchkrosh - Suit property is not convenient for the Solid Waste Disposal and Management Project or not? - Plaintiffs have established that objections and obstructions have been caused in his legal rights or not? - Plaintiffs are entitled to seek relief in the Civil Court or not? - Plaintiffs are entitled to get the Permanent injunction Order or not? HELD THAT:- 2010 Act is an Act to provide for ....... + More
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2020 (5) TMI 726
Seeking quashing of Look Out Circulars issued - petitioners are willing to co-operate in the proceedings - case of the petitioners is that based on a complaint of their estranged daughter-in-law Mrs.Natasha Kapoor against them and their son namely Mr.Dirshan Vanmali Patel, under Sections 498A/406/34 of the IPC - HELD THAT:- In view of the fair stand taken by the learned counsel for the respondent as also for the complainant, the petition is allowed and the captioned two LOCs issued against the petitioners are quashed; the same would be subject....... + More
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2020 (5) TMI 725
Replacement of the Resolution Professional - whether this application without supporting any resolution for removal/replacement of the RP is maintainable u/s 22(2) or 27(2) of the Code? - HELD THAT:- Admittedly the applicant had never moved any resolution in the CoC as per section 22(2) or u/s 27(2) of the Code, and therefore, there was no resolution being adopted for such replacement. It appears that in the said circumstance this Adjudicating Authority could not entertain an application of this nature. It is significant to note that this appl....... + More
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2020 (5) TMI 724
Maintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - application of time limitation - HELD THAT:- Section 19 of the Limitation Act, 1963 provides that where a party, on account of an outstanding debt, makes payment prior to the expiration of the prescribed period of limitation, a fresh period of limitation shall be computed from the time when the payment was made - In the light of the position of section 19 of the Limitation ....... + More
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2020 (5) TMI 723
Validity of Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965 - seeking permission to female devotees between the ages of 10 to 50 years to enter the Sabarimala temple without any restrictions - violative of Article 25 of the Constitution of India or not - interplay between the freedom of religion under Articles 25 and 26 of the Constitution and other provisions in Part III, particularly Article 14 - HELD THAT:- Though the preliminary point for adjudication is the reference of questions of law to a lar....... + More
