Bombay HC decodes Non Obstante Clause
Bombay high court in income tax matter in case of Small Industries Development Bank of India Vs Central Board of Direct Taxes (Bombay High Court) dated 02/12/2021 Explaining at length operative impact of non obstante clause A non-obstante clause is generally appended to a Section with a view to give the enacting part of the Section, in case of conflict, an overriding effect over the provision in the same or other Act mentioned in the non-obstante clause.
Small Industries Development Bank of India Vs Central Board of Direct Taxes (Bombay High Court) dated 02/12/2021
Authority of NCLAT Technical member for cancelling company’s license cannot be questioned
India Awake For Transparency Vs Union of India (Delhi High Court) dated 09/11/2021
Supreme Court directs Integration of Technology adopted to streamline, monitor all stages in Govt. Revenue Litigation, to ITAT, CESTAT, Other Tribunals
C.C.E. and S.T. Vs Bilfinder Neo Structo Contruction Ltd. (Supreme Court of India) dated 29 Nov 2021
Section 12 of IBC- Resolution process should complete within specified time limit – SC
Committee of Creditors of Amtek Auto Limited Vs Dinkar T. Venkatsubramanian (Supreme Court of India) dated 01 Dec 2021
Fine should adequately compensate the complainant S. 138, N.I. Act
Yasir Amin Khan Vs Abdul Rashid Ganie (Jammu and Kashmir High Court) dated 22 Nov 2021
Section 48 of Arbitration Act not permits review on merits of dispute.
EIG (Mauritius) Limited Vs McNally Bharat Engineering Company Limited (Calcutta High Court) dated 10/11/2021
Collection of cash handling charges from stamp vendors by SBI is illegal
P. S. Shanmuga Sundaram Vs Director Treasuries and Accounts Department (Madras High Court) dated 29/10/2021
Regards
Bipul Kumar
Business So Simple 