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Muslim Girl can marry with Person of her Choice after completion of Age of 15

June 30, 2022 3144 Views 0 comment Print

Gulam Deen Vs State of Punjab (Punjab & Haryana High Court) This Court has taken note of the judgements cited on behalf of the petitioners and also the fact that the girl in the instant case i.e. petitioner No.2 is aged more than 16 years. In the case of Yunus Khan vs. State of Haryana […]

Advocate cannot be prosecuted merely for rendering a legal advice/opinion

June 30, 2022 12390 Views 1 comment Print

Gopi Kishan S/o Shri Chagan Lal Vs State Of Rajasthan (Rajasthan High Court) The case of petitioner-Rani Dan, Advocate, when seen in light of the precedential backdrop, and more particularly when it is apparent on the face of the record that the role of the said petitioner, in the present case, was exercised only as […]

RTI Act – No Penalty for Destruction of Information in Absence of Malafide

June 30, 2022 534 Views 0 comment Print

It was submitted by appellant that as per the provisions of Section 20(2) of the Right to Information Act, 2005 (RTI Act) the record of the deceased petitioner, which has been illegally destroyed, appropriate penalty may be imposed upon the respondent.

GST: Voluntary statement cannot substitute pre-show cause notice consultation

June 30, 2022 870 Views 0 comment Print

Mandatory requirement of pre-show cause notice consultation, as embedded in Rule 142 (1A) of the Central Goods and Service Tax Rules, 2017 – Voluntary statement cannot substitute pre-show cause notice consultation

Section 127B Customs: HC explains who can file Application To Settlement Commission 

June 30, 2022 2058 Views 0 comment Print

Halliburton Offshore Services Inc. Vs Union of India (Bombay High Court) The word ‘case”’ used in Section 127-B of the Customs Act, 1962 is defined u/s 127-A(b) to mean any proceeding under this Act or any other Act for the levy, assessment and collection of customs duty, pending before an adjudicating authority on the date […]

Property purchased Wife name: Nature of transaction is to be determined on the basis of intention of parties

June 29, 2022 34866 Views 0 comment Print

The intention of the parties is a key factor in determining the nature of the transaction. Hence, when the husband purchased the property in favour of his wife, unless the contrary is proved, it will be treated as the property of the wife purchased for her benefit.

TDS u/s 195 not deductible on mere reimbursement

June 29, 2022 1596 Views 0 comment Print

TDS not deductible u/s 195 as the petitioner only seeks to make payment to Walmart Inc. of its payment to the seconded employee which is stated to be by way of reimbursement

Wrongful Availment of ITC is a Bailable and non-cognizable Offence: HC

June 29, 2022 591 Views 0 comment Print

The applicant is in jail since 27th October, 2021 i.e. for more than 9 months. Appellant contended that it is settled law that in criminal jurisdiction, presumption of innocence has to be presumed. It is further submitted that in the GST portal, there is no system of cross-checking in their software for the traders who are wrongfully availing Input Tax Credit.

RTI: Withholding of information, that is not sensitive/ confidential, is unjustified

June 29, 2022 1953 Views 0 comment Print

Held that the information that does not touch upon any of the sensitive and confidential activities undertaken by the Vigilance Department, cannot be withheld.

Criminal proceedings justified in concealment of income, without filing return

June 29, 2022 630 Views 0 comment Print

Criminal proceedings justified on account of wilful and deliberate concealment of true and correct income by not filing the return of income within the time stipulated

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