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No violation if IRP allowed higher interest rate as per RERA Court order

April 6, 2022 2124 Views 0 comment Print

The DC notes the submission of Mr. Singal that admission of higher interest was not possible if claims were continued to be classified under FC in class category and since in RERA decree, the Hon’ble Court has allowed interest ranging from 8-18% and, therefore, he had no option but to allow them interest as per […]

Delay in intimation of Change in Object Calsue – MCA Imposes Penalty

April 6, 2022 738 Views 0 comment Print

This document is a notice issued by the Registrar of Companies, Gujarat, Dadra & Nagar Haveli, under the Ministry of Corporate Affairs, India. The notice pertains to the adjudication of a penalty against Starnet Real Estate Development Limited (formerly known as Starnet Software (India) Limited) for violation of Section 117 of the Companies Act, 2013. […]

HC dismisses PIL and imposes ₹50k Cost on litigant for misleading the court

April 6, 2022 2442 Views 0 comment Print

Ram Prasad Rajouriya Vs State of U.P. and others (Allahabad High Court) one of the two cherished basic values by Indian society for centuries is “satya” (truth) and the same has been put under the carpet by the petitioner. Truth constituted an integral part of the justice-delivery system in the pre-Independence era, however, post-Independence period […]

Remand Order Cannot Be Passed As A Matter of Course: SC

April 6, 2022 7344 Views 0 comment Print

Nadakerappa Vs Pillamma (Supreme Court of India) The Division Bench, without assigning any cogent reasons, has set aside the order of the learned Single Judge and has remanded the matter to the Land Tribunal. It is settled law that the order of remand cannot be passed as a matter of course. An order of remand […]

No Penalty on Importer for Error by Shipper/Exporter in Bill of Entry

April 6, 2022 1446 Views 0 comment Print

Callmate India Pvt Ltd Vs Commissioner of Customs (CESTAT Delhi) CESTAT finds that there is no case of deliberate mis-declaration made out on the part of the Appellant importer. The Bill of Entry had been filed as per the packing list and Bill of Lading. Further, the Shipper/Exporter have accepted their mistake, there being error […]

Non-appearance gives rise to presumption that assessee had nothing to rebut to findings of AO

April 6, 2022 927 Views 0 comment Print

SH. Inder Pal Singh Bedi Vs ACIT (ITAT Delhi) Bench is of considered opinion that a presumption of truth is attached to the record of proceedings conducted by public authorities as reflected in their orders though the same is rebuttal. The assessee had the opportunity to rebut the findings of Ld. Assessing officer with regard […]

Deemed Section 12AA registration of Trust if no Registration Refusal within 6 Months

April 6, 2022 2499 Views 0 comment Print

Jaibharat Mandal Ramlila and Dharmshala Society Vs ITO (ITAT Delhi) Learned counsel for the assessee insisted that in the absence of any order of refusal of registration by the Competent Authority, the assessee trust may be treated as deemed to have been registered u/s 12AA of the Act. In support of this deposition learned counsel […]

HC restrains use of mark ‘Evening Moment’ which is similar to trademark ‘Magic Moment’

April 6, 2022 723 Views 0 comment Print

Radico Khaitan Limited Vs Sarao Distillery (OPC) Pvt. Ltd (Delhi High Court) The present injunction application has been filed seeking ad interim injunction in respect of the use of the mark ‘EVENING MOMENT’ by the Defendants, which is deceptively similar to the Plaintiff’s mark ‘MAGIC MOMENTS’ registered in Class 33 for alcoholic beverages. A perusal […]

Unmarried Daughter Can Claim Marriage Expenses from Parents Hindu Law

April 6, 2022 10275 Views 0 comment Print

Rajeshwari Vs Bhunu Ram (Chhattisgarh High Court) Section 20 of the Hindu Adoptions and Maintenance Act, 1956 speaks about the maintenance of children and aged parents. Sub section(3) of Section 20 causes obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried, as the case may […]

HC quashes Reassessment notice & Proceeding based on wrong premises

April 6, 2022 879 Views 0 comment Print

Realization Stock & Equity Pvt. Ltd. Vs. ITO (Calcutta High Court) One of the reasons for reopening of assessment is that no regular assessment under Section 143 (3) of the Act was made in the instant case and even in the last paragraph of the said reason again it has been recorded again that no […]

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