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Corporate Law : The Allahabad High Court held that Magistrates and police officers may be personally liable for compensation where unlawful preven...
Corporate Law : Allahabad High Court ruled that unlawful police custody directly infringes fundamental right to life and liberty under Article 21....
Corporate Law : This article examines how natural justice focuses on the fairness of decision-making processes rather than the correctness of outc...
Corporate Law : CDSCO registration is required for importing, manufacturing, or marketing regulated healthcare products in India. The approval ens...
Corporate Law : The CCI held that dominance alone is insufficient to establish a violation under Section 4. The key takeaway is that actual or pot...
Corporate Law : The government has exempted smaller edible oil packs and minor edible oils from standardisation requirements. The exemption is aim...
Corporate Law : The address highlights how Aadhaar, UPI, eNPS, and other digital tools are transforming pension enrolment and service delivery. It...
Corporate Law : CCPA fined digital platforms for using interface designs that influenced consumer choices without clear and informed consent. The ...
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 Competition Commission found that truck associations collectively fixed freight charges beyond government-prescribed limits an...
Corporate Law : Finvin Investor Private Limited Vs Orix Leasing and Financial Services Limited (NCLAT Delhi) The National Company Law Appellate Tr...
Corporate Law : High Court upheld conviction under Section 138 NI Act, holding that contradictory defence evidence failed to rebut statutory presu...
Corporate Law : NCLAT held that a bidder’s exclusion due to an unresolved platform issue warranted reconsideration, especially when a higher off...
Corporate Law : Tribunal ruled that contempt punishment requires clear charges, show-cause notice, and opportunity of hearing before penal action....
Corporate Law : The First Appellate Authority noted that the CPIO exceeded the statutory RTI timeline by one day. However, since the requested clo...
Corporate Law : The IBBI held that prolonged failure to hold SCC meetings, delayed progress reporting, and repeated absence before the Adjudicatin...
Corporate Law : Standard pack sizes have been recommended for commonly used edible oils to reduce market inconsistencies and assist consumers in c...
Corporate Law : IBBI held that an Insolvency Professional cannot delay constitution of the Committee of Creditors based on settlement discussions ...
Corporate Law : PFRDA has introduced a Regulatory Sandbox framework allowing controlled testing of innovative pension products and FinTech solutio...
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
