Business

Companies Act, S. 250 – Striking off – Even after dissolution of the company in view of striking off its name from the register, its existence remains only for the purpose of realising the amount due to the company or for the payment or discharge of the liabilities or obligations of the company. [2023 PLRonline 0101 (NCLAT)]

Minor Minerals Concession Rules – Solvency Certificate – cancellation of Auction – By Collector – Powers of. 2023 SCeJ 0068

Partenership firm – Dissolution – Effect of dissolution is not to render the firm non-existent – It continues to exist for all purposes necessary for its winding up – One of these is of course the recovery of moneys due to it by suit or otherwise – CPC O. 30 R. 1

Trade Marks Act S. 9, 30 and 35 – Use of the term ‘Sugar Free’ by the respondent is not in the trademark sense but as a common descriptive adjective

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Central Excise Act S. 35L(b) – Composite contract – Once a lumpsum has been charged for the sale of CD (as in the case on hand) and sale tax has been paid thereon, the revenue thereafter cannot levy service tax on the entire sale consideration once again on the ground that the updates are being provided.

Central Excise Act, 1944 S.35L(b) – Composite contract - The sum and substance of the ratio of the case of BSNL ...

Rent – Fair rent – Provisional tent – Refund – Rent Controller can direct a refund if it finally finds amount found deposited to be in excess.

Amendment of the Order – Merely because a wrong provision has been referred to, the Court should not be debarred from granting a relief – Practice and procedure.

Employees Compensation Act, 1923 (8 of 1923) – Amendment of the Order – Merely because a wrong provision has been...

Employees Compensation Act S. 2(d)(iii) – “widowed mother”

Employees Compensation Act, 1923 (8 of 1923) Section 2(d)(iii) – Clause b of Sub-Section (iii) to Section 2(d) of the...

Contract/agreement – Laws applicable at the time of contract/agreement shall be applicable

Contract/agreement - Laws applicable at the time of contract/agreement shall be applicable - Parties shall be governed by the laws...

Limitation Act S. 5 – Merely because sufficient cause has been shown, a party is not entitled to the condonation of delay in question as a matter of right if sufficient cause is not proven – Commercial Courts Act 2015

Limitation - Condonation of Arbitration and Conciliation Act, 1996, Section 34(3) - Commercial Courts Act, 2015, - Merely because sufficient...

MSME Act, 2006 – Award – Principles of natural justice are required to be followed specially where financial interests are involved. 2022 PLRonline 5254

Micro Small and Medium Enterprises Development Act, 2006 (27 of 2006) - Award – Principles of natural justice -Petitioner as...

TPA S. 8, 10 – Once the conveyance deed is executed, transfer of the property which is subject matter of the same is complete in all respects – Even if the conveyance deed contained a condition restraining transfer, the same would be void

Transfer of Property Act, 1882, Section 8, 10 - Once the conveyance deed is executed, transfer of the property which...

Arbitration – Enforcement of awards where the time to apply for setting aside u/s S. 34 has not expired