Harassment by Department – Unnecessary SLP – Respondent suffering from Cancer – Cost of Rs 1,00,000 was imposed on the Officer to be recovered from his salary .
Harassment by Department – Unnecessary SLP – Respondent suffering from Cancer – Cost of Rs 1,00,000 was imposed on the Officer to be recovered from his salary .
Prohibition of Benami Property Transaction Act, 1988
S. 49 : Appeal – High Court – Memorandum of appeal – Substantial question of law – No substantial question of law had been raised even before Supreme Court, Special Leave Petition against High Court’s judgment was to be dismissed [ ITACT, S. 260A, Code of Civil Procedure, 1908 , S.100 ]
Prohibition of Benami Property Transactions Act, 1988 .
S. 49 : Appeal – High Court – Second appeal – Substantial question of law – Order passed without framing substantial question of law- Order of High Court quashed and set aside . [ ITACT, S. 260A, Code of Civil Procedure, 1908 , S.100 ]
Prohibition of Benami Property Transactions Act, 1988
S. 2(9): Benami transactions – Transactions or arrangements – Failure to produce documents to prove income – Property purchased in the name of wife – Sale agreement is valid .[ S. 2(9)(A)(b)(iii) ]
Prohibition of Benami Property Transactions Act, 1988.
S. 32 :Qualification for appointment of chairperson and Members of Appellate Tribunal- Constitution Of Appellate Tribunal – Independence of Judiciary — Qualification of Judicial Member — Requirement that he could be a Member of Indian Legal Service or one had held post of additional Secretary or equivalent post in that service — Provision not valid. [ Art , 226 ]
Benami Transactions (Prohibition) Amendment Act, 2016
S.2(a): Benami Property Transactions — Amendment of Act in 2016 Provisions are substantive — Not applicable with retrospective effect – Interpretation of taxing statutes —Rule against retrospectivity . [ S. 2(9)(A) (2(9)(C), Art , 20, 226 ]
Bengal Agricultural Income-tax Act, 1944
S. 34:Method of computation -Agricultural Income -tax -Appeal dismissed – Alternative remedy – Writ is not maintainable [ West Bengal Taxation Tribunal Act, 1987, Art , 226 ]
Art : 141 : Limitation —Covid -19 – Extension of periods — Initial order passed by Supreme Court restored — Period from 15-3-2020 till 28-2-2022 excluded for purposes of limitation prescribed under any General or special laws in respect of all judicial or quasi-judicial proceedings — Further clarification given [ Art . 142, Arbitration and Conciliation Act, 1996 , S. 23(4),29A, Commercial Courts Act, 2015 S. 12A, Negotiable Instruments Act, 1881 , S. 38 , any other laws , Courts or Tribunal ]
Constitution of India .
Art. 14 : Discrimination- Salary — Income-Tax department – State as an employer -Equal pay for equal work – Peons and watchmen — Difference in wages between those engaged prior to 2013 and those engaged later — Not justified. [ Art, 16, 39 ]
Prohibition of Benami Property Transactions Act, 1988
S. 24 : Notice and attachment of property- Benami transaction – Gold and cash belong to spouse – Beneficial owner – Provisional attachment is held to be permissible- Petitioner has to respond to notices with supporting evidences . [ S. 24(4)(a)(i) ]