Where are the Courts established and what are their territorial Jurisdictions? In Uttar Pradesh, as per GO dated 31.10.2017 and GO dated 02.11.2017 Commercial Courts […]
Uttar Pradesh Police Regulations
Download the full text of Uttar Pradesh Police Regulations in PDF format Download the full text of Uttar Pradesh Police Regulations in PDF format Para […]
Jurisdiction of Indian Courts in entertaining civil cases having foreign element(s)
The Jurisdiction of the civil courts in India is determined through the provisions of Code of Civil Procedure 1908. When it comes to suits or […]
How to file Appeal before UP REAT against orders of UP RERA?
How to file appeal in UP Real Estate Appellate Tribunal (REAT)? An appeal is challenging of an order of a lower court/ authority. Under the […]
Trade Union is an operational creditor and can file insolvency application for payment of workmen dues.
The Hon’ble Supreme court made it clear that the trade union represents its members who are workers, to whom dues may be owed by the employer, which are certainly debts owed for services rendered by each individual workman, who are collectively represented by the trade union. As such, a joint petition could be filed under Rule 6 read with Form 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, with authority from several workmen to one of them to file such petition on behalf of all.
Recomputation of the consignment value by authorities of imported goods: the burden of proof and enquiry.
when there is a dispute between the customs authorities and the importer as regards the valuation of the imported goods, on satisfaction of the conditions enumerated in sub-section (1), the authorities should make provisional assessment of customs duty under Section 18 of the Act. This expedites clearance, pending final adjudication on merits which may take time. This is also the mandate of the Board Circular No.38/2016 dated 22nd August, 2016. Any insistence and compulsion by the authorities that the importer should disclaim and forgo his statutory right under Section 18 of the Act would not be correct. Neither would it be right to reject the valuation as declared by the importer without reasonable doubt for certain reasons.