Category: Allied Laws

Archive for the ‘Allied Laws’ Category


Vinay Khanna v. Krishna Kumari Khanna (2020) 270 Taxman 34 (Delhi)(HC)

Prohibition of Benami Property Transactions Act, 1988 –

S. 2(9): Benami transactions – Where son sought to obtain a declaration of being real and/or benami owner of property on ground that he had given money to his father and mother to purchase property which they got registered in their name but actually property belonged to him, however, no particulars of father and mother standing in any fiduciary capacity to son were disclosed, son would not be entitled to obtain a declaration of being real and/or benami owner of property

Small Scale Industrial Manufactures Association (Regd.) v. UOI and others (2021) 125 taxmann.com 336 (SC) / LL 2021 SC 175.www.itatonline.org

Constitution of India
Art .32 : Remedies for enforcement of rights conferred by this part – COVID -19 -Waiver of interest – Economic and fiscal regulatory measures are a field where Judges should encroach upon very warily as Judges are not experts in these matters. In assessing the propriety of the decision of the Government the court cannot interfere even if a second view is possible from that of the government. Legality of the policy, and not the wisdom or soundness of the policy, is the subject of judicial review.

Suo Motu Writ Petition (2021) AIR 2021 SC 1957 / 2 BomCR(Cri) 667 (SC) www.itatonline.org (SC)

The Negotiable Instruments Act , 1881
S.138 :Dishonour of cheque for insufficiency , etc , of funds in the account – Courts are inundated with complaints filed under Section 138 of the Negotiable Instruments Act, 1881. The cases are not being decided within a reasonable period and remain pending for a number of years. This gargantuan pendency of complaints filed under s. 138 of the Act has had an adverse effect in disposal of other criminal cases. Concerned with the large number of cases pending at various levels, a Larger Bench of the Supreme Court has examined the reasons for the delay in disposal of the cases. The Bench has issued important directions which will expedite the hearing and disposal of the cases[ S. 140, 141, 142]

Asset reconstruction company (India) limited v. Bishal Jaiswal & Anr . AIR 2021SC5249 / 6SCC366 / 166 SCL82 (SC) www.itatonline.org (SC)

The Limitation Act , 1963

S.18 : Effect of acknowledgement in writing. – The principle of S. 9 of the Limitation Act, namely, that when time begins to run, it cannot be halted, except by a process known to law, has to be strictly adhered to. S. 18 of the Limitation Act, which extends the period of limitation depending upon an acknowledgement of debt made in writing and signed by the corporate debtor, is also applicable to the Insolvency and Bankruptcy Code since S. 238A uses the expression “as far as may be” governing the applicability of the Limitation Act. An entry made in the books of accounts, including the balance sheet, can amount to an acknowledgement of liability within the meaning of Section 18 of the Limitation Act. The notes annexed to or forming part of the balance sheet, or the auditor’s report, must be read along with the balance sheet. [S.9, 14, Companies Act, 2013 , S. 2(40), 92, 128, 129, 134, 137, Insolvency and Bankruptcy Code , S,238A ]

SYSKA LED Lights Pvt. Ltd. v. UOI (2021)377) ELT33 / MANU/MH/0932/2021 ( Bom) (HC) www.itatonline.org

Customs Act , 1962.

S. 124 : Show cause notice before confiscation of goods etc – Reasonable opportunity of being heard – Natural justice – It is a settled proposition that when a law requires a thing to be done in a particular manner, it has to be done in the prescribed manner and proceeding in any other manner is necessarily forbidden- Order is set aside . [ Art, 226 ]

PDIT( Inv) v. Rajiv Yaduvanshi (2020)429 ITR 369 (Delhi)(HC)

Right to Information Act, 2005

2.(j): Right to information – Tax Informer — Tax evasion petition- Not entitled to information regarding progress of investigation following his report.[ Black Money ( Criminal Procedure Code , S. 482, Undisclosed Foreign Income and Assets) and Imposition of Tax Rules Act , 2015 , S. 51, 55 ]

Pharez Johan Abraham ( Dead) by Legal Representatives v. Arul Jothi Sivasubramaniam K . & Ors ( 2020) 13 SCC 711

Indian Succession Act , 1925

S. 32 : Devolution of such property – Partition-Family and Personal Laws – Relinquishment of right – Accepting money and ornaments in lieu of share in family property – Not entitle to claim share in family property thereafter [ S. 33 ]

Ram Prakash v Puttan Lal ( 2020) 14 SCC 418

Advocates Act, 1961

S. 33 :Advocates alone entitle to practice – Concession by counsel – Rent control and Eviction Compromise / Consent Degree – Compromise by an Advocate without having such right – Held to be not valid [ S.34 , Civil procedure Code , 1908 Or 3, 23, R. 3 , ]

Suresh Kumar Agarwal v. Dy. CIT (2020) 428 ITR 101/ 317 CTR 1000 / 196 DTR 276 (Chhattisgarh) (HC)

S. 147 : Reassessment-Alternative remedy-Reassessment proceedings completed and appeal filed from order of reassessment -Writ is held to be not maintainable. [S. 148, Art. 226]

Britannia Industries Ltd v. Bombay Agricultural produce Marketing Committee ( 2020)) 11 SCC 623

Maharashtra Agricultural Produce Marketing ( Regulation ) Act , 1963 ( 20 of 1964)

S. 2(1) (a): Agricultural produce – Sugar – Edible oil and Vanaspati – Agricultural produce .