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Corporate Law : Learn the process to convert a firm into an LLP under the LLP Act, 2008, including eligibility, required forms, compliance, and ta...
Corporate Law : Madras HC highlights the need for judicial magistrates to ensure guilty pleas are voluntary, informed, and supported by legal coun...
Corporate Law : Kerala HC mandates probe into remarks by ex-minister Saji Cherian allegedly disrespecting the Constitution, emphasizing the Preven...
Corporate Law : Supreme Court highlights risks of trial courts being influenced by inadmissible police confessions in prosecution witness depositi...
Corporate Law : Patna HC finds Bihar Prohibition Act misused for personal gains by officials, impacting the poor. Suspension of a police inspector...
Corporate Law : NFRA recommends 40 Auditing Standards for LLPs under the LLP (Amendment) Act 2021, effective from April 2026, for approval by the ...
Corporate Law : EPFO directs employers to activate UAN for employees via Aadhaar OTP to ensure access to benefits under government schemes by Nove...
Corporate Law : IBBI seeks feedback on revising grievance redressal, disciplinary framework, and AFA timelines to enhance clarity and operational ...
Corporate Law : IBBI proposes mandatory monitoring committees in CIRP for smoother implementation of resolution plans as per SC's recommendations....
Corporate Law : CBDT starts a campaign for AY 2024-25 to assist taxpayers in accurately reporting foreign assets and income in ITR under Black Mon...
Corporate Law : Supreme Court held that a driver holding a license for Light Motor Vehicle (LMV) class, under Section 10(2)(d) for vehicles with a...
Corporate Law : Supreme Court held that eligibility criteria, notified at the commencement of the recruitment process, cannot be changed midway th...
Corporate Law : CCI closes the case on allegations against Greenbay Infrastructure for unfair practices and non-delivery of plots under the Compet...
Corporate Law : M/s Concord Infrastructure Pvt. Ltd. (Operational Creditor) filed an application u/s. 9 of the Insolvency and Bankruptcy Code, 201...
Corporate Law : This Appeal has been preferred by the son of Shri Jai Prakash, a deceased constable in Haryana Police, seeking appointment on comp...
Corporate Law : IBBI issues a disciplinary order against Praveen Kumar Agrawal, an Insolvency Professional, for failing to act in homebuyers' inte...
Corporate Law : EPFO requires UAN activation and Aadhaar-bank seeding for ELI Scheme benefits under DBT. Employers must comply by November 30, 202...
Corporate Law : EDLI Scheme amendment revises assurance benefits for deceased employees’ nominees, effective retrospectively from April 28, 2024...
Corporate Law : The Ministry of Finance issues updated capital restructuring guidelines for CPSEs to align with market evolution and improve opera...
Corporate Law : An RTI appeal challenging IBBI's refusal to disclose information under Sections 8(1)(d) and (e) of the RTI Act was dismissed....
The Applicant, an informer of the department, filed a RTI application seeking inspection & copies of all records available with the income tax department including assessment orders of Escorts Ltd, Dr. Naresh Trehan and connected parties. The application was rejected by the PIO on the ground that there was no overriding public interest in disclosing the information relating to third parties and the disclosure would lead to an invasion of privacy of the assessees. On appeal by the applicant, HELD allowing the appeal:
Units undertaking to export their entire production of goods and services except to the extent of permissible sales in the DTA. Second hand capital goods, without any age limit, may also be imported duty free.
In the case of Vijay v. State of Maharashtra & others (2006) 6 SCC 286 Apex Court held that It is now well-settled that when a literal reading of the provision giving retrospective effect does not produce absurdity or anomaly, the same would not be construed to be only prospective. The negation is not a rigid rule and varies with the intention and purport of the legislature
(1) This Act may be called the Micro, Small and Medium Enterprises Development Act, 2006. (2) It shall come into force on such date as the Central Government may, by notification, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
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.
