Rajasthan Rent Control Act, 2001
S. 9: Eviction of tenants – Partnership firm – Tenancy created in individual capacity – Non-joinder of firm or other partners immaterial – Landlord’s bona fide need proved – Tenant cannot dictate choice of premises – Writ not maintainable – Petition dismissed.[ S.2(i),21, Succession Act , 1956 , Order 6 Rule 17 CPC, Order 14 Rule 5, 30 CPC, Ss. 2(i), 21 , Art. 226]
Bharatiya Nagarik Suraksha Sanhita, 2023. (BNSS)
S. 35: When police may arrest without warrant- Notice by Investigating Agency – Inquiry – Electronic communication-Liberty of individual involved – Cannot be served via WhatsApp or electronic communication – Standing order must follow CrPC/BNSS modes only – Application to modify earlier order rejected – State must ensure personal service – Application dismissed.[S.2(i), 2(k), 35(3), 35(4), 35(5), 35(6),39, 63, 64(2), 71, 94, 193, 530 , CrPC, 1973 ,S. 41A Art. 21, 32 , 136 ]
Goods and Service -Tax Act , 2017
S. 132: Punishment for certain offences -Fraud – Fraudulent misuse of Aadhaar and Permanent Account No ( PAN) – Identity theft – Strictures – Opened a bank account and obtained GST registration – Opened a bank account – Inaction by statutory authorities and law enforcement agencies – Directions for cancellation and redressal – Compensation denied – Liberty to file criminal complaint – Citizens of the Country who toils hard to make both ends meet cannot be made to run from pillar to post by leaving his livelihood to defend various proceedings arising of fraud by an individual impersonating the Petitioner’s identity – Cost of Rs 10000 each is imposed on respondents Nos 1, ( Unique Identification Authority of India ( UIDAI), 2 ( Chief Commissioner Gujarat Sate GST ) 5,( Chief Commissioner of Income Tax Mumbai , 6( Manager Union Bank of India ) and 7 ( Commissioner of State Tax Government of Gujarat . The Respondents Nos 1 and 6 are directed to pay Cost of Rs 25,000 each to the petitioner . [Aadhaar Act, 2016, S. 7, Income-tax Act. 1961 , 139A, 139AA, Goods and Service -Tax Act , 2017 ,132 Negotiable Instrument Act , 1881, S.138, Art. 226 ]
S. 144C : Reference to dispute resolution panel – Document Identification Number [‘DIN’] – Circulars issued by CBDT in exercise of its powers under Section 119 of the Act are binding on the revenue – DIN has to be generated for DRP proceedings -Order of Tribunal quashing the order is affirmed by High Court – No substantial question of law . [ S. 119, 143(3), 144(5), 260A ]
S. 115J : Company – Book profit – The AO has no jurisdiction to question the correctness of the profit and loss account prepared and certified by the Chartered Accountant .[ Companies Act , 1956 ]
S. 37(1)) : Business expenditure – Commercial expediency- Business loss – write-off of the deposits and interest – Amount lent to subsidiary- Allowable as business expenditure .[ S. 28(i) ]
S. 11 : Property held for charitable purposes – Charitable purpose Objects of general public utility- Construction of flats for its members – Transfer fees from new members – Interest on investment- No commercial activity – No violation of section 13(2) – Question of fact – No substantial question of law . [S. 2(15), 12A, 13(2), 260A]
S. 10B: Export oriented undertakings – Interest income on fixed deposits -Derived from business – Appellate Tribunal – Duty to pass speaking order – Matter remanded back for fresh adjudication .[ S. 254(1), 260A ]
S. 271E : Penalty for failure to comply with provisions of section 269T – Adjustments through journal entries for genuine business purposes – Penalty is deleted . [ S. 269SS, 269T, 273B ]
S. 271B : Penalty- Failure to get accounts audited – Applicability of provision of section 271A – Non-maintenance of books of account- Penalty is deleted .[ S.44AA, 44AB , 271A ]