Corporate Law judiciary-2

Contempt jurisdiction is jurisdiction of necessity and inheres in every court of record

M/s Lanco Amarkantak Power Ltd. Vs A.P. Panda, Chairman-cum-Managing Director (Chhattisgarh High Court)

M/s Lanco Amarkantak Power Ltd. Vs A.P. Panda, Chairman-cum-Managing Director (Chhattisgarh High Court) it is quite vivid that this Court while granting the appeal under Section 37(1)(b) of the Act of 1996 preferred by the petitioner not only set aside the order passed by the learned District Judge setting aside the award and restoring th...

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Maharashtra Tax on Lotteries Act, 2006 is Constitutionally valid

Sri Mangal Murty Marketing Vs State of Maharastra (High Court Bombay)

Sri Mangal Murty Marketing Vs State of Maharastra (High Court Bombay) As a result, perusal of the Lotteries (Regulation) Act 1988 only regulates the lotteries and the Regulation is in form of the stipulation of terms and conditions when the Government organizes, conduct or promotes a lottery. The intention of the Parliament in introducing...

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Exemption U/s 54 available on amount invested despite non-completion of construction by builder within prescribed time

ACIT Vs Shri Dilip Ranjrekar (ITAT Bangalore)

ACIT Vs Shri Dilip Ranjrekar (ITAT Bangalore) It was held that despite the non completion of the construction of the new property by the builder, the assessee would be entitled to the benefit of exemption u/s 54 of the Act. We have heard the rival contentions and perused and carefully considered the material on record. It […]...

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Unregistered Partnership Firm can file Suit against Dishonour of Cheque: Delhi HC

M/S. Hindustan Infrastructure Construction Corporation Limited & Anr. Vs M/S. R.S. Woods International & Ors. (Delhi High Court)

In the instant case, the respondent is seeking enforcement of the liability of the petitioners created under Section 30 and 37 of the Negotiable Instruments Act, 1881 as the cause of action for the plaint is based on the dishonour of the said cheques. Since, the suit is not based on any contract between the parties, the bar under Section ...

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Lamination destroys legality of an identity card: Kerala HC

R.G.Harilal Vs Joint Registrar of Co-Operative Societies (General) (Kerala High Court)

It is hard to notice the thickness, seal, embossment or any other identification marks used to check the authenticity of identity card if the same is laminated to make it glossy and water proof. The lamination destroys the legality of an identity card for all intents and purposes since it becomes difficult to compare the signature therein...

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Birth/Death Certificates can be applied Under RTI Act: HC

Shakti Singh Vs State Information Commission, Haryana and others (Punjab and Haryana HC)

Under the RTI Act, disclosure of information is a norm and refusal an exception. In other words, information cannot be denied under the RTI Act unless exempted from disclosure in accordance with Sections 8, 9 and 11 only. Section 22 as mentioned above leads the way to making the fundamental right to information a reality by enforcing it b...

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Information of unauthorized construction cannot be denied under RTI

Public information officer Vs V. Chaudhary (Delhi High Court)

Public information officer Vs V. Chaudhary (Delhi High Court) In terms of the RTI Act, all information as available with the public authority is required to be provided to the citizen unless it is exempt from disclosure under Section 8 of the RTI Act or otherwise pertains to the organizations that are excluded from the […]...

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Corporate Debtor Cannot Maintain Appeal Under IBC, 2016: NCLAT

Radius Infratel Pvt. Ltd. Vs Union Bank of India (NCLAT Delhi)

National Company Law Appellate Tribunal (NCLAT) held that Corporate debtor cannot maintain appeal under the Insolvency and Bankruptcy Code (IBC), 2016....

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Motive Irrelevant In determining Abuse Of Dominance: CCI

Velankani Electronics Private Limited Vs Intel Corporation (Competition Commission of India)

Velankani Electronics Private Limited Vs Intel Corporation (Competition commission of India) The OP has also argued that it has no incentive to deny access to anyone to the Server or Server-Board market segment. The OP’s interests are aligned to ensure multiple manufacturers of Server-Boards and Servers. Since the OP’s primary focus i...

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Temporary employees entitled To Minimum Wages Applicable to Regular Employees Holding Same Post: SC

Sabha Shankar Dube Vs Divisional Forest Officer & Ors. (Supreme Court of India)

Sabha Shankar Dube Vs Divisional Forest Officer & Ors. (Supreme Court of India) The issue that was considered by this Court in Jagjit Singh (supra) is whether temporary employees (daily wage employees, ad hoc appointees, employees appointed on casual basis, contractual employees and likewise) are entitled to the minimum of the reg...

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