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Corporate Law : The article explains how the Constitution (One Hundred and Sixth Amendment) Act, 2023 introduced one-third reservation for women i...
Corporate Law : The piece states that replacing Annamalai as Tamil Nadu BJP President disrupted the partys long-term growth strategy. It suggests ...
Corporate Law : The Allahabad High Court observed that criminal case delays are caused not only by judicial officers but also by inadequate infras...
Corporate Law : LMPC Compliance regulates packaging, labeling, and sale of packaged commodities under the Legal Metrology framework in India. Busi...
Corporate Law : The Delhi High Court quashed a POCSO FIR after noting that the relationship was consensual and the parties were married with a chi...
Corporate Law : The Union Cabinet approved ECLGS 5.0 to provide guaranteed emergency credit support to MSMEs, non-MSMEs, and airlines facing liqui...
Corporate Law : The notification prohibits manufacturers acting as GATCs from charging fees for verifying their own products. It also caps re-veri...
Corporate Law : The initiative addresses delays in disaster communication across regions. The system enables instant, geo-targeted alerts using mo...
Corporate Law : The issue concerned operationalising a ₹10,000 crore startup fund. It was established that routing investments through AIFs ensu...
Corporate Law : The amendments replace the consultation committee with CoC oversight, giving creditors greater control over liquidation decisions....
Corporate Law : The Andhra Pradesh High Court held that an Insurance Company cannot avoid liability without producing evidence showing absence of ...
Corporate Law : The Bombay High Court directed constitution of a special NCLT Bench after an insolvency petition remained pending despite being re...
Corporate Law : Gujarat High Court quashed tax orders after holding that three hearing dates cannot be treated as three adjournments under Section...
Corporate Law : Bail was granted in a spurious cancer drug case under Prevention of Money Laundering Act (PMLA) as there was no clear link between...
Corporate Law : NCLT Mumbai held that protections available under the MSMED Act and RBI revival framework do not bar initiation of CIRP once finan...
Corporate Law : PFRDA clarified that Pension Agents working with multiple Points of Presence must be identified through PAN for better traceabilit...
Corporate Law : PFRDA has expanded the NPS Sanchay incentive framework to include CSC-VLEs, BCs/Pension Sakhis, and PACS operating through PoPs. T...
Corporate Law : The order highlights that delayed applications, late progress reports, and non-compliance with filing requirements amounted to ser...
Corporate Law : PFRDA has introduced NPS Sanchay as a simplified National Pension System variant aimed at expanding pension coverage for India’s...
Corporate Law : The circular clarifies that SEBI regulations on insider trading, self-dealing, and front running will apply to all NPS investment ...
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.
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
