Commercial Courts in Uttar Pradesh: FAQ

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 have been notified/ established in 13 districts with territorial jurisdictions as hereinunder: S.N. Districts Territorial Jurisdiction over districts  1 Agra Agra, Mathura, Mainpuri, Firozabad 2  Aligarh Aligarh, Hathras Etah, Kasganj … Read more

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                                                                                                           Page No. CHAPTER I SUPERIOR OFFICERS DIRECTOR GENERAL OF POLICE 1.                  Powers and status of Inspector General-cum-Director                      General of Police                                                                             34            ADDITIONAL INSPECTOR-GENERAL/ZONAL INSPECTOR            … Read more

Jurisdiction of Indian Courts in entertaining civil cases having foreign element(s)

sue a foreigner in India

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 cases, issues pertaining to foreign elements arise comparatively in few cases, namely whether and when foreigners and foreign corporations can sue, or be sued in an Indian Court, and who … Read more

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 Real Estate (Regulation and Development) Act, 2016 (“RERA Act”) there are two levels of Appeals. The first appeal is filed before the Real Estate Appellate Tribunal (“REAT”). The second appeal … Read more

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.