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Author: legaldeli

Question whether Section 42A of POCSO Act prevails over Section 14A of the SC / ST Atrocities Act which provides for appeal remedy against an order granting or refusing bail.

Sections 9 and 11 of the Arbitration Act & SARFAESI Act – Arbitrator OR DR Tribunal – Petitioner is non-banking financial institution giving loans for purchase of vehicles.

Income Tax Act 1961 – Offence under Sections 276-B read with 278-B – In the absence of mandatory notice of Section 2(35)(b) delivered to the Director – accused no.8, he cannot be treated as principal officer for prosecution.

Arbitration – Section 11 – Section 19(2)(a) of the Partnerships Act – Invocation of arbitration by one set of partners of the partnership – Notice is defective

IRDAI – Cyclone Michaung – Circular dated 18.12.2023 – Salutary decision to grant special dispensation to General Insurers and increasing limit of losses for appointment of Surveyors and Loss Assessors

Arbitration – Section 8 – Arbitration clause in tripartite agreements was basis for subsequent agreements challenged in the civil suit

Chartered Accountant – Student pursued multiple courses with permission of ICAI and on completion of CS course sought enrolment – Subsequent refusal of ICAI for enrolment – Illegal

FEMA – Foreign remittances of Jaipur IPL franchisee in 2008 – Violation – Burden to prove and quantum of Penalty – Specific finding on the specific role of individual is essential for imposing penalty

Copyright Act, 1957 – Interplay between Section 60 and its proviso on suit for declaration that the allegations of copyright infringement by the defendant were groundless.

Charge-sheet – documents / material produced by accused and also seized during investigation were not filed – Sections 91 and 173(5) of Cr PC