Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
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Maintainability of curative petition - restoration of arbitral award which had been set aside by the Division Bench of the High court on the ground that it suffered from patently illegality. - The Supreme Court found that invoking curative jurisdiction was justified to prevent a miscarriage of justice. It highlighted the circumstances under which curative petitions could be entertained, emphasizing cases where there is a gross miscarriage of justice or abuse of process. The Court reiterated that interference with arbitral awards should be minimal and only on grounds of patent illegality or perversity. It emphasized that an arbitral tribunal's decision should not be disturbed unless it is evident that a reasonable person could not have arrived at such a decision based on the evidence presented.
Maintainability of curative petition - restoration of arbitral award which had been set aside by the Division Bench of the High court on the ground that it suffered from patently illegality. - The Supreme Court found that invoking curative jurisdiction was justified to prevent a miscarriage of justice. It highlighted the circumstances under which curative petitions could be entertained, emphasizing cases where there is a gross miscarriage of justice or abuse of process. The Court reiterated that interference with arbitral awards should be minimal and only on grounds of patent illegality or perversity. It emphasized that an arbitral tribunal's decision should not be disturbed unless it is evident that a reasonable person could not have arrived at such a decision based on the evidence presented.
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