Judgements Uploaded By Users In Category: Other Laws
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The Karnataka High Court has held that If a payment gateway had no knowledge that the funds transferred to the merchant IDs of the accused were derived from criminal activity related to a scheduled offense and it did not knowingly assist the accused in concealing or transferring illicit proceeds as clean money, it cannot be said to have committed any offense under… Read More ...
The Supreme Court has held that The Larger Bench of the Supreme Court was called upon to decide the following questions: - (a) Whether the Supreme Court, in the exercise of its jurisdiction under Article 142 of the Constitution of India, can order automatic vacation of all interim orders of the High Courts of staying proceedings of Civil and Criminal cases… Read More ...
The Delhi High Court has held that Contempt of Courts Act , 1971 . S. 2(c)(i) : Contempt of Court-Criminal contempt-For making Scandalous , unwarranted and baseless imputations against several sitting Judges of the High Court and district Courts-Court has sentenced a lawyer to six months imprisonment after holding him guilty of criminal contempt. [S. 5, 14, 15] Contemnor has made certain… Read More ...
The NCLT, Mumbai Bench has held that The NCLT has inter alia held that the date of default with respect to a corporate guarantor is the date on which the guarantor fails to make payment after being called upon to pay, and that the date of default of the principal borrower is not relevant for determining the date of default of the… Read More ...
The Bombay High Court has held that Website-Maharashtra Sales Tax Tribunal-Court directed the State Government to take required steps expeditiously on or before 31st December, 2023-The matter is kept hearing of further progress on 28th November, 2023. Court observed that in the present era , the courts and tribunals , which cater to the demands of the consumers of justice , cannot… Read More ...
The Supreme Court has held that This is a classic case and a mirror to the fact that litigant public may become disillusioned with judicial processes due to inordinate delay in the legal proceedings, not reaching its logical end, and moving at a snail’s pace due to dilatory tactics adopted by one or the other party. Every pending case represents a… Read More ...
The Supreme Court has held that Under Section 19(1) of the Prevention of Money Laundering Act, 2002 it is necessary that a copy of the written grounds of arrest is furnished to the arrested person without exception. Otherwise, the arrest would be unlawful The chronology of events speaks volumes and reflects rather poorly, if not negatively, on the Directorate of Enforcement… Read More ...
The Hon'ble NCLT Mumbai has held that In this order Hon'ble NCLT held that PF/Gratuity due of the workers is third party asset belonging to poor worker and this asset need to excluded and to be paid in priority in resolution or liquidation without waiting for distribution under Section 53 of the IBC. Hon'ble Court held in operative part as under. "The… Read More ...
The Calcutta High Court has held that MSP Metallics Limited Vs ACIT & Ors(Calcutta High Court) Date-May 25th 2023 Sub-Whether when Corporate Insolvency Resolution Plan(CIRP) is initiated against an entity, the income tax department can initiate fresh proceeding either civil or criminal and the pending proceeding is required to be stayed in view of Section 238 of the IBC. The Calcutta high… Read More ...
The Supreme Court has held that Hasmukhlal Madhavlal Patel & Anr Vs Ambika Food Products Pvt ltd and Ors(Supreme Court) Date-June 15,2023 Sub- Disproportionate allotment of shares in a right issue by a Private limited Company- Duty of Director- Applicability of Section 81 of the Companies Act, 1956 The Supreme Court in this case was dealing with an interesting situation where… Read More ...