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Corporate Law : The article examines whether Telangana’s new Advocates Protection Act can effectively curb violence, harassment, and malicious p...
Corporate Law : The article argues that differences between BJP leadership and Annamalai are strategic rather than ideological. It urges reconcili...
Corporate Law : The article explains why a PSARA License is compulsory for operating a private security agency in India. The key takeaway is that ...
Corporate Law : The article examines how the PMLA’s broad asset retention powers interact with the IBC’s clean-slate protection under Section ...
Corporate Law : The Bombay High Court explained that wrongful possession is the foundation of a claim for mesne profits. The amount is determined ...
Corporate Law : The Competition Commission of India has proposed amendments to address administrative and procedural issues identified during impl...
Corporate Law : The Ministry of Corporate Affairs highlighted that the IBC resolution process facilitated creditor recoveries exceeding ₹4 lakh ...
Corporate Law : The IBBI has announced contractual vacancies for Research Associates and Consultants in law and business management disciplines. T...
Corporate Law : PFRDA has proposed major reductions in grievance resolution timelines under the NPS framework. The draft aims to improve accountab...
Corporate Law : The Supreme Court upheld joint insolvency proceedings against two interconnected real estate companies due to common management an...
Corporate Law : The CCI found a prima facie case against restrictive contractual clauses that allegedly prevented participants from joining compet...
Corporate Law : The Supreme Court ruled that Section 7 of the Prevention of Corruption Act covers attempts to obtain undue advantage through subor...
Corporate Law : The Tribunal held that for a guarantee payable on demand, limitation begins from the date the guarantee is invoked and not from th...
Corporate Law : The Authority found that a pre-selected donation mechanism added charges unless consumers actively opted out, impairing informed c...
Corporate Law : CCPA held that a subscription renewal interface using the phrase Accept Risk amounted to multiple prohibited dark patterns, includ...
Corporate Law : The IBBI imposed a two-year suspension after finding that the Insolvency Professional misrepresented before the adjudicating autho...
Corporate Law : IBBI has prescribed a mandatory format for filing complaints under its Grievance and Complaint Handling Procedure Regulations. The...
Corporate Law : IBBI has prescribed a standardized format for filing claims arising from orders passed under Section 220(4) of the Insolvency and ...
Corporate Law : IBBI has prescribed standardized forms for registration, information submission, records of default, and dispute reporting by Info...
Corporate Law : The 2026 amendments significantly expand disclosure requirements for operational creditors and corporate applicants. The changes a...
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.
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 […]