Inder Chand Jain

Parents Need not be Senior Citizens to Claim Maintenance

Corporate Law - Is it necessary for parents to be senior citizens to claim maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007? As per the preamble of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the primary objective of the said Act is to provide more effectively for the maintenance […]...

TDS on Payment on transfer of certain immovable property other than agricultural land

Corporate Law - Should a purchaser deduct TDS u/s 194IA of the Income Tax Act  if the total consideration/ Circle rate Value of the joint property exceeds Rs. 50 lacs but the share of the joint seller is less than Rs. 50 lacs? Before deliberating on the subject it would we trite to reproduce Section 194IA of the […]...

Freebies to Doctors not allowable as same is an Offence & Prohibited by Law

Corporate Law - Section 37(1) of the Income Tax Act – Disallowance for Freebies to Doctors as the same is an Offence & Prohibited by Law If an assessee during the course of business & profession incurs certain expenditure, which is an offence or which is prohibited by law, the said expenditure shall be disallowed while computing his [&helli...

Do Oral observations by Courts have sanctity in law

Corporate Law - The recent oral observations by the vacation bench of the Apex Court in Nupur Sharma’s case has stirred a commotion amongst intellectuals on the sanctity of the  pungent oral observations made by Court during hearing especially when these observations do not find place in the final judgment pronounced by the Court. It is a matter [...

Presence of Counsel/CA during Search/Survey or Recording of statement should be allowed?

Corporate Law - Should Presence of Counsel/CA be allowed during the course of Income Tax/GST Search/Survey & during Recording of statement? It is common knowledge that the officers of the Income Tax/GST Department seldom allow CA/Advocate of the assessees during the course of searches nor are the CA/Advocate allowed during interrogation or recording ...

SC teaches Court etiquettes to erring lawyer

Corporate Law - Covid pandemic has ushered in a new era and have brought  in new concepts and ways of working in different spheres of life. Our legal system has also undergone a complete change and Video Conferencing Hearings have become the order of the day. The Apex Court and various High Courts are virtually hearing important matters […]...

Caste system an impediment to choose suitable life partners: Gujarat HC

Corporate Law - The origin of caste system in India was based on the vocation of the persons or group of persons. But gradually it embedded deep into the roots of our social system and values in as much the marriages were performed strictly within the caste and sometimes strictly amongst the sub castes. Times have changed and […]...

SC slams Delhi Government for filling FIR against Doctor- directs for increasing tests & improving conditions in hospitals

Corporate Law - Our country has been ruled by the invaders and kings for centuries. As a consequence to this, the present ‘rulers’ have a conviction that the government officials, be them administrative officers or doctors in Government hospitals are meek subordinates to the government without any right to expression, without a heart and with...

SC to soon decide on exigibility of interest on interest on deferred loans during moratorium

Corporate Law - The Reserve Bank of India, in view of the Covid pandemic, realised the financial emergency and liquidity crunch in our economy due to lockdown, announced moratorium for all loans for a certain period. However, there is dispute about the chargeability of interest  by the Banks/ Financial Corporations on this extended period. The business ...

Wages to workers during lockdown- SC to give verdict on 12 June

Corporate Law - On 04 June 2020, a 3 member bench of the Apex Court passed an interim order that no coercive action be taken against employers for their failure to comply with the 29 March 2020 order of the Ministry of Home Affairs (MHA) for payment of full wages to the workers during the Lockdown. The Court […]...

Motor Accident Claim: Tyre Burst is not an ‘Act of God’ & Insurance Company is liable to pay Compensation

New India Assurance Co. Ltd. Vs Smt. Mrunal Makarand Patwardhan (Bombay High Court) - Tyre burst is not an act of God but a consequence of negligence and the Driver/ Insurance company cannot be exonerated for the same....

SC expresses concern over mounting pendency of cases u/s 138 of NI Act & directs establishment of Special Courts in selected cities

In re Expeditious Trial of Cases Under Section 138 of N.I. Act 1881 (Supreme Court of India) - The Government legislated the Negotiable Instrument Act in 1991 making cheque bounce a criminal offence. But the delay in disposal of cases frustrated the very spirit of the NI Act....

SC deprecates practice of Insurance Companies to deny genuine & lawful claims of Insured on technical & flimsy grounds

Gurmel Singh Vs Branch Manager National Insurance Co. Ltd. (Supreme Court of India) - Gurmel Singh Vs Branch Manager National Insurance Co. Ltd. (Supreme Court of India) It is common knowledge that the Insurance Companies deny the genuine & lawful claims of the Insured on technical & flimsy grounds. Be it vehicle loss/accidental claims or health insurance claims or theft/fi...

SC explains Scope of Review Petition- Verdict in Sidhu reviewed

Jaswinder Singh (Dead) Vs Navjot Singh Sidhu & Ors. (Supreme Court of India) - The brief facts of the case are that during a road rage, Gurnam Singh died in a scuffle and Sidhu & his friend faced charges of culpable homicide. The trial court post trial acquitted both the accused in1999 as it was of the view that the death was not caused by subdural haemorrhage and the deceased...

Prosecution of Partners/Directors without arraigning firm/company as accused for dishonour of cheque not maintainable u/s 138 of NI Act: SC

Dilip Hariramani Vs Bank of Baroda (Supreme Court of India) - Dilip Hariramani Vs Bank of Baroda (Supreme Court of India) It is common knowledge that complaint under section 138 of the Negotiable Instruments Act, 1881 for dishonour of cheques are usually made against the directors of the company or the partners of the partnership firm and the company or the pa...

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Recent Posts in "Inder Chand Jain"

Parents Need not be Senior Citizens to Claim Maintenance

Is it necessary for parents to be senior citizens to claim maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007? As per the preamble of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the primary objective of the said Act is to provide more effectively for the maintenance […]...

Posted Under: Corporate Law |

TDS on Payment on transfer of certain immovable property other than agricultural land

Should a purchaser deduct TDS u/s 194IA of the Income Tax Act  if the total consideration/ Circle rate Value of the joint property exceeds Rs. 50 lacs but the share of the joint seller is less than Rs. 50 lacs? Before deliberating on the subject it would we trite to reproduce Section 194IA of the […]...

Posted Under: Corporate Law |

Motor Accident Claim: Tyre Burst is not an ‘Act of God’ & Insurance Company is liable to pay Compensation

New India Assurance Co. Ltd. Vs Smt. Mrunal Makarand Patwardhan (Bombay High Court)

Tyre burst is not an act of God but a consequence of negligence and the Driver/ Insurance company cannot be exonerated for the same....

Freebies to Doctors not allowable as same is an Offence & Prohibited by Law

Section 37(1) of the Income Tax Act – Disallowance for Freebies to Doctors as the same is an Offence & Prohibited by Law If an assessee during the course of business & profession incurs certain expenditure, which is an offence or which is prohibited by law, the said expenditure shall be disallowed while computing his [&helli...

Posted Under: Corporate Law |

Do Oral observations by Courts have sanctity in law

The recent oral observations by the vacation bench of the Apex Court in Nupur Sharma’s case has stirred a commotion amongst intellectuals on the sanctity of the  pungent oral observations made by Court during hearing especially when these observations do not find place in the final judgment pronounced by the Court. It is a matter [...

Presence of Counsel/CA during Search/Survey or Recording of statement should be allowed?

Should Presence of Counsel/CA be allowed during the course of Income Tax/GST Search/Survey & during Recording of statement? It is common knowledge that the officers of the Income Tax/GST Department seldom allow CA/Advocate of the assessees during the course of searches nor are the CA/Advocate allowed during interrogation or recording ...

Posted Under: Corporate Law |

Are Insurance Ombudsman effective & just alternate Grievance Redressal platform? 

It is common knowledge that the Insurance Companies repudiate insurance claims (life insurance, Health Insurance or general insurance) on technical grounds or grant inadequate claims. The suffering policyholders have to move to Courts or Consumer Forums for due Redressal but this process is time, energy taking and frustrates the very purp...

Posted Under: Corporate Law |

SC expresses concern over mounting pendency of cases u/s 138 of NI Act & directs establishment of Special Courts in selected cities

In re Expeditious Trial of Cases Under Section 138 of N.I. Act 1881 (Supreme Court of India)

The Government legislated the Negotiable Instrument Act in 1991 making cheque bounce a criminal offence. But the delay in disposal of cases frustrated the very spirit of the NI Act....

SC deprecates practice of Insurance Companies to deny genuine & lawful claims of Insured on technical & flimsy grounds

Gurmel Singh Vs Branch Manager National Insurance Co. Ltd. (Supreme Court of India)

Gurmel Singh Vs Branch Manager National Insurance Co. Ltd. (Supreme Court of India) It is common knowledge that the Insurance Companies deny the genuine & lawful claims of the Insured on technical & flimsy grounds. Be it vehicle loss/accidental claims or health insurance claims or theft/fire claims, the insurance companies desig...

SC explains Scope of Review Petition- Verdict in Sidhu reviewed

Jaswinder Singh (Dead) Vs Navjot Singh Sidhu & Ors. (Supreme Court of India)

The brief facts of the case are that during a road rage, Gurnam Singh died in a scuffle and Sidhu & his friend faced charges of culpable homicide. The trial court post trial acquitted both the accused in1999 as it was of the view that the death was not caused by subdural haemorrhage and the deceased suffered sudden cardiac arrest under st...

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