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Corporate Law : Himachal Pradesh HC stresses the need for police and prosecutors to avoid selective evidence and uphold justice, ensuring innocent...
Corporate Law : Insights into recent Supreme Court and High Court judgments on IBC cases, covering corporate guarantees, auction timelines, liquid...
Corporate Law : Bombay High Court rules that a woman entering a hotel room with a man does not imply her consent for sex. Court orders trial to pr...
Corporate Law : Explore the effectiveness of India’s environmental laws, the role of judiciary, regulatory agencies, and the challenges faced in...
Corporate Law : Explore India's obscenity laws, their historical context, key cases, and how they balance societal values with individual freedoms...
Corporate Law : IBBI proposes changes to improve real estate insolvency under IBC, addressing issues like CoC representation, land allotment, and ...
Corporate Law : IRDAI revises regulations for the Insurance Advisory Committee, enhancing meeting flexibility and clarifying advisory roles. Publi...
Corporate Law : IRDAI proposes updates to re-insurance committee regulations, introducing flexibility in meetings and member resignation or remova...
Corporate Law : IRDAI proposes amendments to its meeting regulations to enhance clarity and efficiency, including changes to meeting frequency, no...
Corporate Law : IBBI suggests mediation for operational creditors before Section 9 insolvency filing, aiming to reduce disputes and expedite case ...
Corporate Law : Meghalaya High Court didn’t entertained petition under Article 226 of the Constitution, for demand raised by EPF authorities for...
Corporate Law : Assessee- TAAI filed the appeal under Section 53B of the Competition Act, 2002, challenging the Competition Commission of India‘...
Corporate Law : Kerala High Court held that transferring 1st floor of the building to wife for reducing limit below prescribed threshold limit for...
Corporate Law : Madras High Court directed depositing of 25% to be deposited via electronic cash register since petitioner failed to participate i...
Corporate Law : Supreme Court while adjudicating matters emphasized the need to follow the legal framework laid down by statutory provisions for t...
Corporate Law : The Ministry of Home Affairs lists reasons for denial of FCRA registration and renewal applications, clarifying common issues like...
Corporate Law : IRDAI drafts new regulatory sandbox amendments to encourage insurance sector innovation and streamline compliance. Public comments...
Corporate Law : IRDAI proposes new regulations for insurers to maintain and share information securely. Comments requested by November 20, 2024....
Corporate Law : Govt clarifies that a daughter’s name cannot be deleted from a pensioner’s family record, with eligibility for family pension ...
Corporate Law : The Department of Pension announces a Dearness Relief hike to 53% for Central Govt pensioners and family pensioners, effective Jul...
The doctrine of fairness also is now considered to be a relevant factor for construing a statute. In a case of this nature where the effect of a beneficent statute was sought to be extended keeping in view the fact that the benefit was already availed of by the agriculturalists of tobacco in Guntur, it would be highly unfair if the benefit granted to them is taken away,
The law is well settled that a person who claims exemption or concession has to establish that he is entitled to that exemption or concession. A provision providing for an exemption, concession or exception, as the case may be, has to be constructed strictly with certain exceptions depending upon the settings on which the provisions has been placed in the statue and the object and purpose to be achieved.
The mention of the particular matters referred to in sub-sections (3) to (8) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal.
The Apex Court in Hitendra Vishnu Thakur v. State of Maharashtra (1994) 4 SCC 602 held that a law which affects the substantive rights of any of the parties, the law cannot be retrospective. Every party has a vested right in substantative law but no such right exists in procedural law.
The issue under consideration is whether the employee joined as a trainee is eligible for gratuity as per Payment of Gratuity Act, 1972?
A retrospective operation is not to be given to a statute, so as the impair existing right or obligation otherwise than as regards matter of procedure unless that effect cannot be avoided without doing violence to the language of the enactment.
In 1973, the Law Commission of India after studying various Acts and prevailing benami system, recommended formulating an Act to tackle the issue. Accordingly, the Benami Transactions (Prohibition) Act, 1988 was enacted by the Parliament which came into force on 05.09.1988 and it prohibits benami transactions and the right to recover property held benami. The […]
In exercise of the powers conferred by section 83 of the Standards of Weights and Measures Act, 1976 (60 of 1976), the Central Government hereby makes the following rules, namely:- 1. Short Title, Extent, Application and Commencement:- These rules may be called the Standards of Weights and Measures (Packaged Commodities) Rules, 1977. 2) They shall extend to the whole of India
Hon’ble Supreme Court in the case of Union of India and others v Ogale glass Works 1971 AIR 2577 held that the award of industrial tribunal cannot stand in the way of enforcing the statutory provision cast on the Regional Provident Fund Commissioner under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.
Short title, extent and application.- (1) This Act may be called the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) Subject to the provisions contained in section 16, it applies – (a) to every establishment which is a factory engaged in any industry specified in Schedule I and in which twenty or more persons are employed and
