Judgements Uploaded By Users In Category: Other Laws
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The Mumbai Tribunal has held that Black Money (Undisclosed Foreign income and Assets ) and imposition of tax Act, 2015 S. 2(11) : Undisclosed asset located outside India - Applicability of the Statute – Accounts not in existence at the Black Money Act, 2015 came into force – The new legislation operates for those accounts and assets too.[I.T. Act S. 139(1)]… Read More ...
The Supreme Court has held that Doyle De’souza Vs Govt of India through Deputy Chief Labour Commissioner Forum-Supreme Court of India Date-29th October,2021 Sub-When a person can be in charge of, and responsible to, the company for the conduct of the business of the company and thus be liable for punishment if default is committed by the Company. The Supreme Court… Read More ...
The Gauhati High Court has held that Oral hearing is an important ingredient of the justice delivery system-An open court proceeding ensures that the judicial process is subject to public scrutiny- Public scrutiny is crucial to maintaining transparency and accountability-.Transparency in the functioning of democratic institutions is crucial to establish the public‘s faith in them........- Successor Judge -Has to give oral hearing… Read More ...
The Gauhati High Court has held that Union of India & Ors Vs Keshari Industries Date-8th October 2021 Forum -Gauhati High Court Sub-Whether refund of education and higher secondary education cess made in view of decision of apex court which decision is subsequently declared per incuriam can be said to have been erroneously refunded u/s 11A of the Central Excise Act1944 -Chief… Read More ...
The SUPREME COURT OF INDIA has held that “The court in the exercise of judicial review cannot supplant the terms of the provision through judicial interpretation by re-writing statutory language. Draftsmanship is a function entrusted to the legislature. Craftsmanship on the judicial side cannot transgress into the legislative domain by re-writing the words of a statute. For then, the judicial craft enters the… Read More ...
The Calcutta High Court has held that *Humanity Salt Lake & Anr Vs State of West Bengal & Ors* *Date-27th September, 2021* *Forum_Calcutta High Court* *Sub-Allotment of 2 acre plot of land in Salt Lake by WBHIDCO inspite of earlier allotment having been set aside by Supreme Court in disregard of rules and regulations-Calcutta High Court comes down heavily against the manner… Read More ...
The Supreme Court has held that Padmini Infrastructure Private Limited Vs Royal Garden Residents’ Welfare Association Date:28th September,2021 Forum-Supreme Court Sub-What is the liability of the builder in case the facilities which are promised like swimming pool, fire fighting equipment, water softening plant and health club etc are not given? The Apex Court in this case was dealing with appeal of… Read More ...
The Supreme Court has held that *S. Karthik & Ors Vs N Subhash Chand Jain & Ors* *Forum-Supreme Court of India* *Date-23rd September,2021* *Sub-How an ingenious litigant, by taking recourse to a series of proceedings one after the other, has been successful in blocking the enforcement of a security interest, created in favour of a secured creditor, thereby defeating the very… Read More ...
The Bombay High Court (Nagpur Bench) has held that Appointment of 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… Read More ...
The Telangana High Court has held that *Animish Pradip Raje Vs SEBI* *Writ Petition No 7972 of 2021* *Forum- Telangana High Court* *Sub- Whether appointment of Grant Thornton as forsenic auditor of a company by SEBI was hit by principle of bias when one of the independent directors of the Company was deeply connected with sister concern of Grant Thornton.* In one… Read More ...