LEGAL DIGEST
>Arbitration plea notpiecemeal: SC
The Supreme Court last week ruled that an arbitration petition cannot
be dealt with piecemeal by a high court, and it should be considered
in its entirety. In this case, Hindustan Copper Ltd vs Monarch Gold
Mining Ltd, one judge of the Calcutta high court ruled that disputes
have arisen for arbitration. He then referred the issues to the Chief
Justice for appointment of an arbitrator. The chief justice then
designated another judge to nominate the arbitrator. The high court
had followed this method adopted in an earlier case. This procedure
was challenged by Hindustan Copper in the Supreme Court. It held that
the procedure followed by the high court was "legally impermissible".
The function of the chief justice or his designate is judicial and
they should deal with it in its entirety by one of them and "not by
both making it a two-tier procedure". The high court precedent which
was followed by it in this case was overruled on this legal issue.
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Agri-markets gettaxrelief
The Supreme Court has held that contributions made to the market
committee fund by members of the agricultural produce marketing
committees in Uttar Pradesh are not taxable as they are for charitable
purposes under the Income Tax Act. The marketing committees which
advance credit facilities to farmers as also for development works in
the area have to defray the expenses out of the fund. These are
statutory duties for the welfare of the members. Therefore, these
activities come within the definition of charitable purposes within
the meaning of Section 11(1)(a) of the Income Tax Act, the Supreme
Court held while dismissing a large batch of appeals moved by the
Commissioner of Income Tax.
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What's in a name?
A wrong title of the ministry created complications for the central
government in pursuing its review petition. In this case, Union of
India vs Sandur Manganese & Iron Ores Ltd, the notice was sent to the
"Ministry of Coal and Mines", which does not exist. The court registry
meant Ministry of Coal, but due to the mistake it was not served on
the right party. The Attorney General pointed out that the government
did not receive notice. Agreeing with him, the court said that
"pronouncing a judgment which adversely affect the interest of the
party who was not given a chance to represent his case is
unacceptable." >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Acquittal no relief forSBI manager
Even if a criminal court acquits a bank employee accused of serious
fraud, the disciplinary proceedings against him can be conducted and
action can be taken against him on the same set of facts, the Supreme
Court held in the case, Avinash Bhosale vs Union of India. A senior
manager of State Bank of India was accused of fraudulent transactions
to the tune of Rs 12 crore. The criminal court acquitted him for want
of evidence. But that cannot be a ground for rejecting the finding of
the disciplinary authority of the bank. The conduct of the criminal
trial was in the hands of the prosecuting agency. Having registered
the First Information Report, the bank had little or no role to play,
apart from rendering assistance to the prosecuting agencies.
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SCappoints judge as arbitrator
The Supreme Court has appointed Justice Arvind Savant, former Chief
Justice of the Kerala High Court, as arbitrator in the dispute between
Fugro Survey Ltd and Ramunia International Services Ltd. The two firms
had entered into a survey contract whereby Fugro agreed to perform
various surveys. After completion of the main part of the work, when
it demanded payment, there was no response. Though an arbitrator was
proposed by Fugro, there was no acceptance. Therefore, an arbitration
petition was moved first in the Bombay high court and later in the
Supreme Court. The court noted that Ramunia had not appeared before
it. Despite that, it appointed the arbitrator.
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United Breweries writdismissed
A division bench of the Bombay high court has dismissed a petition of
United Breweries Ltd challenging the higher levy charged by the
Maharashtra Industrial Development Corporation on liquor industries
for consumption of water for commercial use. The corporation had
appointed National Environment Engineering Institute (NEERI) to study
the use of water by liquor industries. The report stated that these
industries did not part with their data and therefore it was
handicapped. However, it found that 65 per cent of the water supplied
was for commercial purpose. The corporation then raised the levy by
five times. This was challenged by United Breweries, which had not
paid the rate since 2001. The company also opposed the appointment of
NEERI as without authority. It argued that the employees of the
corporation should have done the task. The high court rejected the
contention and said that it was an independent expert body and the
corporation was right in appointing it and accepting its
recommendations. If the company wants to appeal to the Supreme Court,
it has to pay 50 per cent of the demand within two weeks.
MJ ANTONY
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CS A RENGARAJAN,, B.Com ,FCS, LLB, PGDBM
Company Secretary, Chennai
email csarengarajan@gmail.com
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