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In Revision proceedings CIT cannot travel beyond reasons given by him in SCN

May 17, 2022 2121 Views 0 comment Print

PCIT Vs . Universal Music India Pvt. Ltd. (Bombay High Court) Issues (a) Whether on the facts, in the circumstances of the case and as per law, the Hon’ble ITAT has erred in holding that in the revision proceedings the CIT cannot travel beyond the reasons given by him for revision in the show-cause notice […]

NI Act: No liability of Directors if No Offence is Attributed to Company

May 17, 2022 5319 Views 0 comment Print

Hari Shamsher Kaushik Vs Jasbir Singh, Managing Director, M/S Accura Care Pharmaceuticals Pvt. Ltd. (Delhi High Court) Petitioner submitted that the learned Trial Court dismissed the complaint observing that since the company had not been impleaded as an accused, the liability of the respondent as its Managing Director could not be attached under section 141 […]

Arbitrator can recall order earlier passed by it if sufficient cause being shown

May 17, 2022 7704 Views 0 comment Print

Arbitral Tribunal had, on sufficient cause being shown, the power to recall the order passed by it under Section 25(a) of 1996 Act, terminating arbitral proceedings.

NOC not Mandatory for Registering Sale of Fragmented Land: Bombay HC

May 17, 2022 3585 Views 0 comment Print

Govind Ramling Solpure Vs State of Maharashtra (Bombay High Court, Aurangabad Bench) The questions that arise for consideration of this Court is, (i) whether Rule 44(1)(i) of the Rules is in conflict with sections 34 and 35 of the Registration Act, 1908 or not, (ii) whether the impugned circular dated 12.7.2021 issued by the respondent […]

Labour Court cannot Adjudicate Workman’s Claim U/s. 33C(2) of Industrial Dispute Act in an Undetermined Claim

May 17, 2022 15207 Views 0 comment Print

Management of KSRTC Vs Sri K. Shivaram (Karnataka High Court) Section 33C(2) of the I.D. Act refers to any amount due to workman. Section 33C(1) of the Industrial Dispute Act (I.D. Act) speaks of any amount due to workman under the settlement or award under the provision of Chapter 5-A or 5-B of the I.D. […]

Section 14 SARFAESI Act: Adjudicatory Powers not vested with District Magistrate

May 17, 2022 29478 Views 0 comment Print

Bajaj Finance Ltd. Vs LD. District Collector (Gujarat High Court) On perusal of the section 26E and Section 14 of the SARFAESI Act, it is clear that the District Magistrate has to discharge the ministerial act of providing assistance to the secured creditor to take physical possession of the secured assets when the secured creditor has […]

Mere Gold Smuggling cannot be Treated as an Act of Terrorism: HC

May 17, 2022 1008 Views 0 comment Print

Azaz Khan Vs N.I.A. through Special P.P. (Rajasthan High Court) it is not in dispute that except Amzad Ali, all the other accused were apprehended at Jaipur Airport on 3.7.2020 while attempting to smuggle gold into India from Riyadh, Saudi Arabia and an FIR was registered against them under Section 135 of the Customs Act. […]

Petitioner cannot reduce contract period Retrospectively after extending Contract

May 17, 2022 2517 Views 0 comment Print

North Delhi Municipal Corporation Vs IJM Corporation Berhad (Delhi High Court) Delhi High Court held that when Petitioner has granted the contractor an extension of time for a specified period, it cannot turn around to contend that the extension was mere provisional and it’s allowed to reassess or reduce the amount of days by which […]

Foreign Creditors cannot be treated differently from Domestic Creditors: HC

May 17, 2022 1344 Views 0 comment Print

There is no reason why a person who has been declared bankrupt by a foreign court in terms of the law applicable to that jurisdiction, should be afforded protection by the Indian Courts on technical objections being raised with regard to the validity of the foreign judgment. In the modern times of globalization, foreign creditors cannot be treated differently from domestic creditors.

HC dismisses PIL filed on the basis of mere social media news

May 17, 2022 717 Views 0 comment Print

Thampi V. S. Vs State of Kerala (Kerala High Court) Petitioner, approached this Court with an allegation that respondents are attempting or devising to vaccinate every child in Kerala, irrespective of whether their parents give consent to it or otherwise. It is pertinent that not a single specific incident or instance has been impelled by […]

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