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Covid-19: HC restrains bank from taking coercive action for default in factoring facility

May 1, 2020 1944 Views 0 comment Print

The object of issuing notifications/circulars dated 27.03.2020 and 17.04.2020 was to provide financial relief in repayment due to COVID-19 to the parties who have availed the term loans and working capital facilities but this relief is not extended towards factoring facilities.

Kerala Tax on Paper Lotteries Act, 2005 was declared as unconstitutional

April 30, 2020 1440 Views 0 comment Print

State of Sikkim Vs State of Kerala (Kerala High Court) Conclusion: Levy of license fee on the draw of lotteries under Section 5BA of Kerala General Sales Tax (KGST) Act,  within the state of Kerala was prohibited by the virtue of law, so the Kerala Tax under Section 5BA of Kerala General Sales Tax (KGST) […]

Management at liberty to deduct wages of worker who remains absent voluntarily: Bombay HC

April 30, 2020 4950 Views 0 comment Print

Align Components Pvt. Ltd. Vs Union of India (Bombay High Court) It is clarifed that since the State of Maharashtra has partially lifted the lock down recently in certain industrial areas in the State of Maharashtra, the workers would be expected to report for duties as per the shift schedules subject to adequate protection, from […]

No Section 40(a)(iib) disallowance for surcharge on Sales Tax & Turnover Tax

April 30, 2020 8268 Views 0 comment Print

Kerala State Beverages (Manufactoring And Marketing) Corporation Limited Vs ACIT (Kerala High Court) Conclusion: Surcharge on sales tax and turnover tax was not a ‘fee or charge’ coming within the scope of Section 40 (a) (iib) and was not an amount which could be disallowed under the said provision. Therefore the disallowance made in this […]

Delhi HC on Domain Name and Anti-Injunction Suit

April 28, 2020 1176 Views 0 comment Print

The Court, in the present case, had appropriately restrained the Suit filed by the Defendant before the Eastern District of New York on the ground of being vexatious and oppressive. Further the Court rightly considered that Domain name is akin to a Trademark.

GST Refund cannot be withheld for ‘Want of Cross-Verification Details’

April 27, 2020 1770 Views 0 comment Print

In our opinion, this action of the respondents is also violative of Art.14,19,265 and 300-A of the Constitution of India. The respondents cannot be permitted to take advantage of their own negligence, assuming that the Demand drafts handed over by the petitioner, were not presented and encashed by the respondents.

Mutual Will comes Into Effect on Death of Either of Joint Testators

April 24, 2020 11088 Views 1 comment Print

Principle of, a mutual Will coming into effect and binding also the testator who may still be alive, on the death of one of the two testators, is well enshrined in the Indian Law.

Court’s altruistic approach in granting Moratorium for NPA

April 24, 2020 2640 Views 0 comment Print

The period of the moratorium during lockdown will not be reckoned by ICICI Bank for the purposes of computation of the 90-day NPA declaration period. Further, if the lockdown extends beyond 31st May 2020, then these days will be deferred accordingly, irrespective of whether the moratorium itself is extended beyond 31st May 2020.

Extension of Moratorium – New flavour of the season

April 24, 2020 1269 Views 0 comment Print

Hon’ble Court opined that irrespective of the question, as to whether the moratorium as envisaged by RBI would be applicable to the petitioner qua the instalments, any classification of the petitioner’s accounts as NPA in present situation would certainly cause a grave and irreparable loss to the Petitioner.

HC adjourns bail plea as counsel appeared in ‘Baniyan’ for hearing on video conferencing

April 24, 2020 4368 Views 0 comment Print

Learned counsel for the petitioner was contacted through video conferencing he was found to be wearing Baniyan. This court has already observed that during this penadamic where court functioning is being done through video conferencing, lawyers must appear in proper uniform. Even through video conferencing a dacoram of the court is required to be maintained.

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