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All High Courts

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

April 30, 2020 4560 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 7533 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 948 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 1533 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 10428 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 2289 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 1026 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 4221 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.

After Appeal department withdraws Order passed in haste during Lockdown

April 22, 2020 3351 Views 0 comment Print

In the given case, the writ petitioner has requested Income Tax Department for the adjournment of 3 weeks to respond to the show cause notice on account of the lockdown declared by the Government of India across India so as to effectively deal with the Covid-19 pandemic.

Bail given in GST defaults case on complying with conditions

April 21, 2020 579 Views 0 comment Print

Lalit Kumar Gandhi Vs State of M.P. (Madhya Pradesh High Court) This is an application made by the applicant under Section 439 Cr.P.C. for grant of bail during trial. The allegation against the applicant is that he had received a sum of about Rs.6,52,00,000/- from the applicant for supply of pesticides and insecticides and as […]

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