Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
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The SC allowed the appeal, set aside the HC's order and restored the execution court's position, holding that the arbitral award-drafted in conformity with the parties' MoU-did not grant compound interest and accordingly cannot be supplemented at execution. Under s.31(7)(a)/(b) of the Arbitration and Conciliation Act, party autonomy governs interest from cause of action to award date and the tribunal's discretion under clause (a) exists only in the absence of contrary agreement; clause (b) is contingent on an award. Because the tribunal awarded interest only until repayment and the MoU did not provide for compounding, the respondent's claim for compound interest in execution was rejected.
The SC allowed the appeal, set aside the HC's order and restored the execution court's position, holding that the arbitral award-drafted in conformity with the parties' MoU-did not grant compound interest and accordingly cannot be supplemented at execution. Under s.31(7)(a)/(b) of the Arbitration and Conciliation Act, party autonomy governs interest from cause of action to award date and the tribunal's discretion under clause (a) exists only in the absence of contrary agreement; clause (b) is contingent on an award. Because the tribunal awarded interest only until repayment and the MoU did not provide for compounding, the respondent's claim for compound interest in execution was rejected.
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