Inder Chand Jain - Page 5

Second-hand flat buyers have Rights similar to Original Allottees: SC

Laureate Buildwell Pvt. Ltd. Vs Charanjeet Singh (Supreme Court of India)

Laureate Buildwell Pvt. Ltd. Vs Charanjeet Singh (Supreme Court of India) Larger Bench of SC declares that HUDA v. Raje Ram 2008 (17) SCC 407 and Wing Commander Arifur Rahman Khan and Anr. v. DLF Southern Homes Pvt. Ltd. 2020 SCC Online 667 (SC) are not good law- Purchaser of flat entitled to interest on […]...

Lethargy of Government department in filing Appeals/SLP not acceptable

Lethargy on part of the Government department in filing Appeals/SLP not acceptable after usage of IT & computerization- SC admonishes  & deprecates the Public Authorities for casual approach. The Apex Court has been consistently warning Government & it’s Departments for their casual approach in delayed filing of Appeals...

Posted Under: Corporate Law |

Insurers liable to pay compensation despite change in vehicle ownership: SC

Uttar Pradesh State Road Transport Corporation Vs National Insurance Co. Ltd. & Ors. (Supreme Court of India)

Uttar Pradesh State Road Transport Corporation Vs National Insurance Co. Ltd. & Ors. (Supreme Court) SC holds that Insurance Companies are liable to pay compensation even if the vehicle is under contact and under control of State Transport Corporation and the insurance policy has been purchased by its actual owner It is common knowled...

Can schools be saddled with pecuniary liability for injury or disease of a student on school picnic/tour due to Negligence?

Kum. Akshatha Vs Secretary B.N.M. Education Institution and Anr. (Supreme Court of India)

Kum. Akshatha Vs Secretary B.N.M. Education Institution and Anr. (Supreme Court of India) School Tours & School picnics are very common in schools and the students are always desirous for going in school Tours/Picnics as the students find these excursions informative, educative, and thrilling. However, there are some untoward incident...

Courts should apply restraint in summoning state executives for their personal appearance

State of Uttar Pradesh & Ors Vs Dr. Manoj Kumar Sharma (Supreme Court of India)

State of Uttar Pradesh & Ors Vs Dr. Manoj Kumar Sharma (Supreme Court of India) It is common knowledge that the Executive has become autocratic and deliberately disobey/discard the declarations of law and directions of the Courts. Consequently, when such matters crop up before the High Courts, they summon the highhanded officials to ...

Request to FM to extend applicability of safe harbour limit u/s 43CA & 56(2)(x)

Open Letter to FM- Request to extend applicability of safe harbour limit u/s 43CA & 56(2)(x) of the Income Tax Act from 30th June 2021 to 31 March 2022 The worthy Finance Minister on 12th November, 2020 had announced relief to the real estate developers and the home buyers by increasing the safe harbour limit u/s […]...

Posted Under: Corporate Law |

How much Gold/Gold Ornaments can a person hold?

It is a very common & usual question being asked by people as to how much Gold/Gold Ornaments can a person hold without attracting the ire of the Income Tax Department. The answer is simple. One can hold or possess as much gold or gold ornaments as he desires provided he is able to explain […]...

Posted Under: Corporate Law |

Inadvertent errors in E-way Bills- Detention of goods & Imposition of Penalty unsustainable

It is common knowledge that there are sometimes inadvertent mistakes in E-way Bills accompanying the Tax Invoices leading to detention of the goods and imposition of heavy penalties. The common mistakes could be mistake in Vehicle number, mistake in delivery address or discrepancy in the date of invoice & E-way Bill etc. In such cases...

Posted Under: Corporate Law |

Faceless ITAT- The Need of the Hour 

Some Income Tax professionals are not happy with the Budget proposal in respect of introduction of the scheme of Faceless ITAT. These are the same people who had  wholeheartedly & unequivocally welcomed the scheme of Faceless Assessment & Faceless Appeals before the CIT (Appeals). It is common knowledge that Faceless Assessment &...

Posted Under: Corporate Law |

SC rules that Reasoned Judgements to be delivered along with Operative Orders

Sudipta Chakrobarty & ANR. Vs. Ranaghat S.D. Hospital & ORS. (Supreme Court of India)

Sudipta Chakrobarty & ANR. Vs Ranaghat S.D. Hospital & ORS. (Supreme Court) It is Common knowledge that some Courts/ Tribunals/ Officers have a practice to pass operative part of the order but give a reasoned/detailed order stating reasons much later sometimes even months later. The Apex Court recently on February 15, 2021 in the ...

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