Lack Of Written Allotment Or Agreement Itself Cannot Oust RERA Jurisdiction: Chhattisgarh High Court

The Chhattisgarh High Court has held that the absence of a written allotment document or agreement does not, by itself, oust the jurisdiction of the Real Estate Regulatory Authority (RERA) over a complaint concerning an alleged real estate transaction.A Division Bench of Justice Parth Prateem Sahu and Justice Sachin Singh Rajput observed, “The word “aggrieved person” used under Section 31 of the Act, 2016 and under Rule 35 of the Rules, 2017, who can file complaint is very wide, therefore, only...

Chhattisgarh HC Upholds ₹37.74L Compensation To Accident Victim's Mother, Says No Tax Deduction Below ₹5L

The Chhattisgarh High Court on 20 August held that income tax need not be deducted while calculating motor accident compensation if the deceased's income falls within the Rs. 5 lakh limit eligible for rebate under Section 87A of the Income Tax Act. Justice Sanjay Kumar Jaiswal upheld the Motor Accident Claims Tribunal's decision not to deduct tax from the deceased's annual income of Rs. 4,34,970, including 50% towards future prospects, and dismissed his mother's appeal seeking enhancement of...

Chhattisgarh High Court Rejects Plea Against ₹19.75 Lakh Property Tax Demand On Loyola School

The Chhattisgarh High Court has dismissed a writ petition filed by Madhya Pradesh Jesuits challenging property tax demand notices of around Rs. 19.75 lakh raised against Loyola Higher Secondary School, Bilaspur.Justice Rakesh Mohan Pandey held that the school could not claim property tax exemption based on a Section 12A registration certificate, which is required for eligible educational institutions to claim the exemption. The certificate, however, was issued in favour of “The President, Madhya...

Officers Representing Union Of India Cannot Independently Challenge Award: Chhattisgarh High Court

The Chhattisgarh High Court on 10 August held that officers or representatives appearing for the Union of India in arbitral proceedings cannot independently challenge an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, merely because they represented the Union during the proceedings. A Division Bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal dismissed an appeal filed by officers of the South East Central Railway, holding that where an...

Delay In Filing Certificate Not Ground To Deny Property Tax Exemption To School: Chhattisgarh High Court

The Chhattisgarh High Court on 31 July held that a municipal authority cannot reject a property tax exemption claim merely because a school did not submit its Section 12AA registration certificate under the Income Tax Act, 1961 (which grants tax exemption to charitable institutions) along with its initial self assessment or representation.Justice Parth Prateem Sahu disposed of the writ petition filed by Riverdale World School, which challenged a demand notice seeking recovery of Rs. 30,808...

Chhattisgarh HC Says Fraud Claims Need Trial Despite Arbitration Clause, Allows Sierra Takeover Dispute

On 29 July, the Chhattisgarh High Court held that the existence of an arbitration agreement does not bar criminal prosecution where the allegations prima facie disclose cognizable offences, and that allegations of fraud, concealment of liabilities and fabricated Board resolutions cannot be treated as a mere contractual dispute but must be tested at trial after appreciation of evidence. A Division Bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal dismissed a petition seeking...

Chhattisgarh High Court Restores ABB In Arbitration Appeals After Hitachi Challenges Substitution Order

The Chhattisgarh High Court has restored multinational engineering company ABB Ltd. as a party to two pending arbitration appeals after Hitachi Energy India Ltd. challenged an earlier order substituting it in ABB's place. The court held that ABB could not be discharged from the proceedings merely on its own assertion that liability in the pending appeals had transferred to Hitachi under a National Company Law Tribunal-approved Scheme of Arrangement.Justice Naresh Kumar Chandravanshi held that...

Technical Jurisdiction Objections Cannot Defeat Merits Of Commercial Disputes Chhattisgarh High Court

The Chhattisgarh High Court on 2 July held that a party cannot defeat adjudication of a commercial dispute on merits by raising a technical objection that it filed a Section 34 application under the Arbitration and Conciliation Act, 1996 before a court without pecuniary jurisdiction. Justice Ravindra Kumar Agrawal dismissed a writ petition filed by Gulab Chand Jain challenging the transfer of the Municipal Corporation, Raipur's challenge to an arbitral award directing it to pay Rs. 2.32 crore...

Bank's Failure To Inform Borrower Of Insurance Rejection Is Deficiency In Service: Chhattisgarh High Court

The Chhattisgarh High Court on 25 June held that a bank which facilitates insurance under a loan-linked group insurance scheme must inform the borrower of rejection of the insurance proposal, and failure to do so constitutes deficiency in service. A Bench of Justice Ravindra Kumar Agrawal dismissed a petition filed by State Bank of India under Article 227 of the Constitution and affirmed the orders passed by the District, State and National Consumer Commissions. He observed: “Once the...

'Personal Preference Not Medical Necessity': Chhattisgarh High Court Refuses PMLA Accused's UAE Travel Plea

The Chhattisgarh High Court has recently observed that "personal preference cannot be equated with absolute medical necessity" while refusing to allow a businessman accused in a money laundering case to travel to Abu Dhabi for treatment. It held that an accused cannot insist on treatment in a foreign country when equivalent medical care is readily available in India. Justice Narendra Kumar Vyas upheld a special court's order rejecting Sunil Kumar Agrawal's request to travel to the UAE for KKT...

BOCW Cess Dispute Not Arbitrable, Must Be Decided Under Statutory Mechanism: Chhattisgarh High Court

The Chhattisgarh High Court on 13 May, refused to appoint an arbitrator in a dispute between SK Samanta and Co. (P) Ltd. and South Eastern Coalfields Ltd. (SECL), holding that issues relating to statutory cess under the Building and Other Construction Workers' Welfare Cess Act, 1996 (BOCW Cess Act) are non-arbitrable. Chief Justice Ramesh Sinha held that the dispute arose from statutory levy and not a purely contractual arrangement, and therefore did not fall within the scope of arbitration...

Commercial Court Cannot Hear Challenge To Railways Land Acquisition Award: Chhattisgarh High Court

On 14 May, the Chhattisgarh High Court held that disputes arising from land acquisition proceedings under the Railways Act do not fall within the definition of a “commercial dispute” under Section 2(1)(c) of the Commercial Courts Act, 2015, and therefore cannot be adjudicated by a Commercial Court. A Division Bench of Justices Parth Prateem Sahu and Sachin Singh Rajput allowed an appeal filed by Sagarmal Agrawal, set aside an order of the Commercial Court, Bilaspur, holding that it lacked...