Category: Allied Laws

Archive for the ‘Allied Laws’ Category


Wholesale Trading Services (India) (P.) Ltd. v. ICAI (2021) 280 Taxman 299 (Delhi)(HC)Wholesale Trading Services (India) (P.) Ltd. v. ICAI (2021) 280 Taxman 299 (Delhi)(HC)

Chartered Accountants Act, 1949

S. 22 : Professional or other misconduct –Merger – High court appointed the Auditor and report was accepted – Rejection of complaint of the petitioner against the chartered Accountant by the Disciplinary Committee of ICAI is held to be justified . [ Art , 226 ]

Lok Prahari Through its General Secretary S.N. Shukla IAS (Retd.) v. UOI AIR 2021 SC 2039 / 2021 SCC OnLine SC 333.

Constitution of India
Art. 224A: Appointment of retired judges at sittings of High Courts – Appointment of Ad hoc Judges – To clear backlog of cases pending in High Courts crossed 57 lakhs with ratio of vacancies of 40% – General guidelines to excise power in transparent manner .

Vijaykumar Bhima Dighe v. UOI (2022) 3 Bom CR 110/(2022) 3 MhLJ 302 ( Bom ) (HC) www.itatonline .org

Consumer Protection Act , 2019

S. 101 :Power of Central Government to make rules -Appointment of Judicial Members -Adjudicating Members – State Consumer Commission-District Consumer Forums- Tribunals-Appointment Process, Minimum experience- 20 years for appointment of President and 15 years for members of state Commission- Unconstitutional and violative of Article 14 of the Constitution of India- Advocate with 10 years of experience at the Bar eligible for appointment as Members in Tribunals- Rules-Struck down -[ Consumer Protection Rules, 2020, Rule 6 3(2)(b), 4(2)(c), 6(9), Art , 14 ]

Sozin Flora Pharma LLP v. State of Himachal Pradesh AIR 2021 Himachal Pradesh 44

Limited liability Partnership Act , ( 6 of 2009 )

S. 58(1) : Registration and effect of conversion – The identity of the firm as a legal entity changes – Stamp duty and registration fee cannot be levied upon conversion of a partnership firm to LLP- The Transfer of assets of firm to LLP is by operation of law . [ S. 55, 58 (4)(b), Registration Act , 17, Stamp Act . S.3 , H.P Tenancy and Land Reforms Act ,(8 of 1974 ) S.118 ]

Edelweiss Asset Reconstruction Co. Ltd. v. TRO ( Bom)(HC) (UR)

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 ( SARFAESI Act, 2002)

S. 13(2): Enforcement of security interest – Recovery of Dues – Priority of debtor – The charge of secured creditor would have priority over Government dues under the Income- Tax Act. [ S. 3. 13(4),34(1), 35 , ITACT, S. 226 , Art , 226 ]

Cognizance for extension of limitation, In Re (2021) 432 ITR 206 (SC)

Constitution of India .

Art . 141 : Law declared by Supreme Court to be binding on all courts – Covid -19 – Limitation – State and Central Acts – Directions issued for exclusion of period from March 15, 2020 to March 14, 2021 — Remaining period to apply from March 14, 2021- [ Arbitration and Conciliation Act, 1996 S, 23(4) , 29A, Commercial Courts Act, 2015 , S.12A, Negotiable Instruments Act, 1881, S.138 ]

Fair Communication & Consultants v. Surendra Kardile ( 2020 ) 269 Taxman 453 (SC)

Prohibition of Benami Property Transactions Act, 1988

S.3: Prohibition of benami transactions – Right to recover property held benami – Onus of establishing that a transaction is benami is upon one who asserts it . [ S.4 ]

Prohibition of Benami Property Transactions Act, 1988

S.3: Prohibition of benami transactions – Right to recover property held benami – Onus of establishing that a transaction is benami is upon one who asserts it . [ S.4 ]

Mallika Chamua v. Union of India (2021) 277 Taxman 574 (Gauhati)(HC)

Prohibition of Benami Property Transaction Act, 1988

S. 2(9) : Benami transaction – Property held in spouses’s name- Notice issued was stayed . [ S.24 ]

Initiating Officer v. Appellate Tribunal under the Prohibition of Benami Property Transactions, Act, 1988 (2020) 272 Taxman 166 (Delhi)(HC)

Benami Property Transactions Act, 1988
S. 26 :Adjudication of benami property – Appeal – Show cause notice – Not an order appeal is not maintainable [ S. 26 (1), 46 Art , 226 ]

Tulsiram v. Asst. CIT (Benami Prohibition) (2020) 270 Taxman 309 (Chhattisgarh)(HC)

Prohibition of Benami Property Transactions Act, 1988 –

S. 24: Notice and attachment of property – Provisions of Act providing for confiscation of properties found to be ‘Benami’ could be applied in respect of transactions carried out prior to 1-11-2016, i.e. date on which amended provision of law by virtue of Amendment Act, 2016 came into force.