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Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...

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Bombay High Court Admits Winding Up Petition Against Syrma Technology Pvt. Ltd. for Non-Payment of Admitted Debt Despite Insurance Payment. Court holds that receipt of insurance proceeds does not extinguish the debt or bar winding up proceedings under the Companies Act, 1956.

The petitioner, Jiangsu Skyrun Wuxi Co. Ltd., filed a company petition under Section 433(e) of the Companies Act, 1956 seeking winding up of Syrma Tec...

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Bombay High Court Allows Petitions Challenging Levy of Entry Tax on Natural Gas Under Maharashtra Entry Tax Act, 2002 — Holds That Natural Gas Is Not 'Goods' for Entry Tax Purposes When Supplied Through Pipelines

The judgment concerns four writ petitions filed by companies (Deepak Fertilisers and Petrochemicals Corporation Ltd., Smartchem Technologies Ltd., Emp...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act in Demurrage Dispute, Upholding Concurrent Findings Below. Clause 10(v) Held to Create Direct Liability for Demurrage, Not Indemnity, and Counterclaim for Option Cargo Damages Rejected.

The dispute arose from a coal supply contract dated 18 September 1999 between the appellant, an Indian company, and the respondent, an Australian comp...

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Supreme Court Allows Ayurveda College to Continue PG Courses Despite Non-Compliance with New Regulations. Central Council's attempt to withdraw permission for PG courses due to non-compliance with 2016 Regulations fails as college had already admitted students under 2012 Regulations.

The case involves appeals by the Central Council for Indian Medicine against judgments of the Karnataka High Court that allowed writ petitions filed b...

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Supreme Court Refers Satyawati Sharma to Larger Bench in Delhi Rent Control Eviction Case — Landlord's Bonafide Need for Non-Residential Premises Under Section 14(1)(e) of Delhi Rent Control Act, 1958

The Supreme Court was hearing a batch of appeals arising from eviction petitions filed by landlords under Section 14(1)(e) of the Delhi Rent Control A...

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Supreme Court Dismisses Appeal of Coke Industry Against Coal India Over Pricing Dispute — Linked Price vs. Liberalised Sales Scheme (LSS) Price. Court Holds That Resolution of Linkage Committee Did Not Confer Right to Preferential Price, and Price Was to Be Charged as Prevalent at Any Point of Time.

The appeal arose from a dispute between M/s S.K.J. Coke Industries Ltd. and its predecessor Mahabir Coke Industries (appellants) and Coal India Ltd. a...