CS Deepak Pratap Singh

Presumption of Constructive Notice – Transfer of Property Act, 1882

Corporate Law - As you are aware that there are many malpractices are going on in real estate sector. Some of these are defects in tile, non-completion of projects within time period , charging of more charges than specified, non-disclosure of all information related to projects , sale of same flat/galas to more than one person. These are […]...

IBC proceedings cannot dilute rights of Income Tax Depat to reopen assessment

Corporate Law - Dishnet Wireless Limited Vs ACIT (Madras High Court) THE MADRAS HIGH COURT has ruled that proceedings under the Insolvency and Bankruptcy Code (IBC), 2016 cannot dilute the rights of the Income Tax Department to reopen the assessment under Section 148 of the Income Tax Act, 1961. BRIEF FACTS: 1. A notice under Section 148 of […]...

13 years delay in adjudication of Show Cause Notice is not proper & legal

Corporate Law - Parle International Limited Vs Union of India Writ Petition No 12904 of 2019 Bombay High court Date-26/11/2020 Sub: Delay adjudication of Show Cause Notices after a period of 13 years would not be just, proper and legal. BRIEF FACTS: 1. This is a Writ Petition under Articles 226 / 227 of the Constitution of India. […]...

SC on Services Tax Exemption on man power or job work services

Corporate Law - Whether services provided are man power services or job work services so as to be exempted under the relevant notifications issued under Finance Act, 1994....

DRT cannot release property merely on deposit of reserve price by borrower: SC

Corporate Law - SC clarified that banks cannot be restrained from selling the mortgaged property by holding public auction and realize the outstanding dues, unless the borrower pays entire amount outstanding along with the cost and expenses of auction....

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Ansal Properties & Industries Ltd. Vs Neelam Bhutani (Delhi High Court)

Ansal Properties & Industries Ltd. Vs Neelam Bhutani (Delhi High Court) - Delhi High Court addresses compliance issues in the case of Ansal Properties & Neelam Bhutani. Key points on Industrial Disputes Act, 1947, and the court's decision....

Whether Gratuity can be forfeited on Dismissal of an Employee from service?

Union Bank of India Vs C.G. Ajay Babu (Supreme Court of India) - Whether forfeiture of gratuity, under Payment of Gratuity Act, 1972, is automatic on dismissal from service, is issue for consideration in this case....

Whether interim wages included in term ‘wages’ under ESI Act?

Employees State Insurance Corporation & Anr. Vs Mangalam Publications (I) Private Limited (Supreme Court of India) - A plain reading of the definition of Section 2(22) of the ESI Act makes it amply clear that wages means all remuneration paid or payable in cash to an employee, if the terms of the contract of the employment, expressed or implied, were fulfilled and includes other additional remuneration, if any, pa...

Courts cannot modify any award decided by Arbitrator: SC

National Highways Authority of India Vs Sri P. Nagaraju @ Cheluvaiah & Anr. (Supreme Court of India) - Courts do not have the power to modify any award decided by the Arbitrator under Sections 34 and 37 of Arbitration and Reconciliation Act, 1996 - Supreme Court...

RBI cannot reject remittance on whimsical & arbitrary reasons

RBI Vs Jindal Steel And Power Limited (Delhi High Court) - Power of RBI to withhold remittance to be made under Automatic route to Wholly owned Subsidiary cannot be used to reject the remittance on whimsical and arbitrary reasons....

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Recent Posts in "CS Deepak Pratap Singh"

Ansal Properties & Industries Ltd. Vs Neelam Bhutani (Delhi High Court)

Ansal Properties & Industries Ltd. Vs Neelam Bhutani (Delhi High Court)

Delhi High Court addresses compliance issues in the case of Ansal Properties & Neelam Bhutani. Key points on Industrial Disputes Act, 1947, and the court's decision....

Whether Gratuity can be forfeited on Dismissal of an Employee from service?

Union Bank of India Vs C.G. Ajay Babu (Supreme Court of India)

Whether forfeiture of gratuity, under Payment of Gratuity Act, 1972, is automatic on dismissal from service, is issue for consideration in this case....

Whether interim wages included in term ‘wages’ under ESI Act?

Employees State Insurance Corporation & Anr. Vs Mangalam Publications (I) Private Limited (Supreme Court of India)

A plain reading of the definition of Section 2(22) of the ESI Act makes it amply clear that wages means all remuneration paid or payable in cash to an employee, if the terms of the contract of the employment, expressed or implied, were fulfilled and includes other additional remuneration, if any, paid at intervals not exceeding two months...

Presumption of Constructive Notice – Transfer of Property Act, 1882

As you are aware that there are many malpractices are going on in real estate sector. Some of these are defects in tile, non-completion of projects within time period , charging of more charges than specified, non-disclosure of all information related to projects , sale of same flat/galas to more than one person. These are […]...

Posted Under: Fema / RBI |

Courts cannot modify any award decided by Arbitrator: SC

National Highways Authority of India Vs Sri P. Nagaraju @ Cheluvaiah & Anr. (Supreme Court of India)

Courts do not have the power to modify any award decided by the Arbitrator under Sections 34 and 37 of Arbitration and Reconciliation Act, 1996 - Supreme Court...

RBI cannot reject remittance on whimsical & arbitrary reasons

RBI Vs Jindal Steel And Power Limited (Delhi High Court)

Power of RBI to withhold remittance to be made under Automatic route to Wholly owned Subsidiary cannot be used to reject the remittance on whimsical and arbitrary reasons....

IBC proceedings cannot dilute rights of Income Tax Depat to reopen assessment

Dishnet Wireless Limited Vs ACIT (Madras High Court)

Dishnet Wireless Limited Vs ACIT (Madras High Court) THE MADRAS HIGH COURT has ruled that proceedings under the Insolvency and Bankruptcy Code (IBC), 2016 cannot dilute the rights of the Income Tax Department to reopen the assessment under Section 148 of the Income Tax Act, 1961. BRIEF FACTS: 1. A notice under Section 148 of […]...

13 years delay in adjudication of Show Cause Notice is not proper & legal

Parle International Limited Vs Union of India Writ Petition No 12904 of 2019 Bombay High court Date-26/11/2020 Sub: Delay adjudication of Show Cause Notices after a period of 13 years would not be just, proper and legal. BRIEF FACTS: 1. This is a Writ Petition under Articles 226 / 227 of the Constitution of India. […]...

Posted Under: Fema / RBI |

SC on Services Tax Exemption on man power or job work services

Whether services provided are man power services or job work services so as to be exempted under the relevant notifications issued under Finance Act, 1994....

Posted Under: Fema / RBI |

Period of limitation for execution of foreign decrees shall be governed by law of reciprocating territory: SC

Bank of Baroda Vs Kotak Mahindra Bank Ltd. (Supreme Court)

SC held that The period of limitation shall be governed by the Act and not by Section 44A of the CPC,  since the latter provides only for the procedure to be followed for executing a foreign  decree...

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