23 March 2020


News

SC Stays Orders of Kerala & Allahabad HCs Restraining Centre from Recovering Tax - 20.03.2020

Supreme Court has stayed the general orders passed by the High Courts of Allahabad and Kerala which restrained the Centre from recovering revenue dues such as Goods and Services Tax and Income Tax till 6th April, 2020.

Tags : Supreme Court High Court Orders on Recovering Tax

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SC: HC in Exercise of Writ Jurisdiction Can Pass Order Interdicting Legal Fiction - 20.03.2020

Supreme Court has observed that the High Court in the exercise of jurisdiction under Article 226 of the Constitution of India, 1949 can pass an order interdicting the legal fiction engrafted in legislation provided the legal fiction had not come into operation. The Court has reiterated that the power of the High Court under Article 226 cannot be taken away or abridged by any contrary provision in a Statute.

Tags : Supreme Court Legal Fiction

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SC Dismisses Applications Challenging Karnataka Govt. Steps to Implement Reservation - 20.03.2020

Supreme Court has dismissed as not maintainable the miscellaneous Applications challenging the directions and clarifications issued by the Karnataka Government in implementing the Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservations (to the Posts in the Civil Services of the State) Act, 2018.

Tags : Supreme Court Karnataka Government Reservations

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Kerala HC Stays Recovery Steps in Tax, SARFAESI Matters till April 6 - 20.03.2020

Kerala High Court has passed a general order staying all coercive steps for recovery in Income Tax, Value Added Tax/Goods and Services Tax, Building Tax, Motor Vehicle Tax, land revenue, Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) matters till 6th April, 2020.

Tags : Kerala High Court Recovery Matters

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Kerala HC Directs Govt. to Take Measures to Control Price Rise of Face Masks & Hand Sanitizers - 20.03.2020

Kerala High Court has directed the Government to take measures to control the price rise of the essential commodities, like face masks and hand sanitizers, and ensure an adequate supply of the said commodities in the State of Kerala, subject to the manufacturing capacity.

Tags : Kerala High Court Prices of Essential Commodities

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ITAT, Mumbai: Taxpayer Can Opt a Method Resulting in Lowest Tax Liability - 19.03.2020

Income Tax Appellate Tribunal (ITAT), Mumbai has held that if there exist two methods for tax payment, the Assessee can opt the method which would result in the lowest tax liability. The Tribunal opined that in such cases, it cannot be treated as a device to escape from the tax liability.

Tags : Income Tax Appellate Tribunal Lowest Tax Liability

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Rajasthan HC: Precautionary Measures Must be Enforced at Private Hospitals Too - 19.03.2020

Rajasthan High Court has issued notices on a Public Interest Litigation seeking precautionary and preventive measures to be observed by the State authorities to prevent the spread of COVID-19 pandemic. The Court has also instructed that all precautionary measures should be enforced by the authorities at the private hospitals as well.

Tags : Rajasthan High Court Private Hospitals

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NCLT Allows Jet Airways Extension for Filing of CIRP - 19.03.2020

National Company Law Tribunal has allowed the plea filed by the resolution professional (RP) of Jet Airways seeking an extension of 90 days for the corporate insolvency resolution process.

Tags : National Company Law Tribunal Jet Airways

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SC Issues Notice to State Governments to Ensure Supplies of Mid-Day Meals Amid Covid-19 Closure - 19.03.2020

Supreme Court has issued notices to all State Governments to explain how they would ensure the supply of mid-day meals to children across the country since all education institutions, including anganwadis, have been shut to prevent the spread of the Covid-19 virus.

Tags : Supreme Court Mid-Day Meals

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Supreme Court Refuses to Hear Plea on BS-IV Vehicles - 19.03.2020

Supreme Court has refused to hear the plea of automobile dealers seeking permission to sell BS-IV vehicles beyond the March 31 deadline, when BS-VI norms will kick in, to clear their inventory which they have not been able to sell due to economic slowdown and Covid-19 scare.

Tags : Supreme Court BS-IV Vehicles

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SC: Registered Construction Worker Can File Consumer Complaint Against Welfare Board - 18.03.2020

Supreme Court has held that a construction worker who is registered under the Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act, 1996 and is a beneficiary of the Scheme made under the Rules framed pursuant to the enactment, is a 'consumer' within the meaning of Section 2(d) of the Consumer Protection Act, 1986 and can file complaint against welfare board.

Tags : Supreme Court Registered Construction Worker

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SC Issues Notice on Plea Challenging State Takeover of Management of Kashi Vishwanath Temple - 18.03.2020

Supreme Court has issued notice to Uttar Pradesh Government on a plea which sought to restore the day-to-day religious affairs of Kashi Vishwanath temple in Varanasi to the Lingiya Brahmin family which claimed that it had been taking care of the temple management before commencement of the Uttar Pradesh Kashi Vishwanath Temple Act, 1983.

Tags : Supreme Court Kashi Vishwanath Temple

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ITAT, Mumbai: No Penalty If Non-Furnishing of Tax Audit Report was Due to Bona Fide Reasons - 18.03.2020

Income Tax Appellate Tribunal (ITAT), Mumbai has held that the penalty under Section 271B of the Income Tax Act, 1961 is not leviable if there are bona fide reasons on the part of the Assessee for the delay in furnishing the tax audit report.

Tags : Income Tax Appellate Tribunal Non-furnishing of Tax Audit Report

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NCLAT Upholds CCI's Findings on Anti-Competitive Conduct by Malayalam Cinema Actors Body - 18.03.2020

National Company Law Appellate Tribunal has dismissed a bunch of Appeals filed by the Film Employees Federation of Kerala, Association of Malayalam Movie Artists, Shri Mammooty, Shri Mohanlal, Shri Dileep along with other Mollywood unions and has upheld the order of the Competition Commission of India (CCI) penalizing them under Section 27 of the Competition Act, 2002.

Tags : National Company Law Appellate Tribunal Malayalam Cinema Actors Body

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Karnataka HC: Every One Has Right to Fair Trial; Kangaroo Courts Not Permitted - 18.03.2020

Karnataka High Court has observed on the Hubli Bar Association’s withdrawal of the resolution by which it had decided that none of its members would appear for the three Kashmiri students booked for sedition over alleged pro-Pakistan slogans that the resolution of the bar association sets a bad precedent and that everyone has the right to a fair trial and kangaroo trials are not permitted in the country.

Tags : Karnataka High Court Fair Trial

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Punjab & Haryana HC Says Police Can Proceed Against Prosecutrix in False Molestation Case - 18.03.2020

Punjab and Haryana High Court has held that the police authorities are at liberty to proceed against the Complainant for lodging a false case of molestation, per the law. The Court observed that it cannot ignore the fact that such false cases are registered numerous times.

Tags : Punjab & Haryana High Court False Molestation Case

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SC: Unregistered Individuals Cannot Designate Themselves as Architects - 18.03.2020

Supreme Court has held that Section 37 of the Architects Act, 1997 does not prohibit individuals not registered under the Act from undertaking the practice of architecture and its cognate activities, however, a post titled 'Architect', 'Associate architect' or any other similar title using the term or style of 'Architect' cannot be held by a person not registered as an architect under the Act.

Tags : Supreme Court Unregistered Individuals Architects

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Gujarat HC: ICAI Not Empowered to Conduct Disciplinary Proceedings Without Written Allegations - 17.03.2020

Gujarat High Court has held that the Institute of Chartered Accountant of India (ICAI) is not empowered to conduct any disciplinary proceedings without written allegations, stating that in the absence of any information as prescribed under Rules 7 of the Chartered Accountants (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007, the prima facie opinion derived by the authority lacks jurisdiction and has no foundation.

Tags : Gujarat High Court Disciplinary Proceedings ICAI

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Delhi HC Issues Notice in Plea Seeking Preservation of Video Footage, Compensation for Victims - 17.03.2020

Delhi High Court has issued notices to Central Government, Delhi Government, and Delhi Police in a plea seeking preservation of video footage from the areas affected due to the Delhi Riots and compensation to be given to victims.

Tags : Delhi High Court Delhi Riots

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Kerala HC: If Signature is Admitted by Drawer, it is Immaterial if Entries Made by Another Person - 17.03.2020

Kerala High Court has held that if the drawer admits the signature in the cheque, it is immaterial whether some other person had made the entries in the cheque or filled it up. The Court stated that even if some other person had filled up the cheque, it does not in any way affect the validity of the cheque.

Tags : Kerala High Court Signature on Cheque

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NAA Orders Patanjali to Pay Rs 75 Crore for Not Passing GST Cut - 17.03.2020

National Anti-Profiteering Authority (NAA) has ordered Patanjali Ayurveda Ltd to pay up Rs 75.08 Crore for not passing on benefits of goods and services tax (GST) rate reduction on to consumers, adding that the company instead increased prices of its washing powder.

Tags : National Anti-Profiteering Authority Patanjali

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Supreme Court Rejects Nirbhaya Convict's Fresh Request - 16.03.2020

Supreme Court has rejected the request by one of convicts in the 2012 Delhi gang-rape to file a new curative petition against his death sentence, refusing to once again put on hold their execution due this week.

Tags : Supreme Court Nirbhaya

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Bombay HC: Sending of Abusive Messages on Whatsapp Personal Account Not an Offence u/s 294 IPC - 16.03.2020

Bombay High Court has held that sending of abusive messages on the personal account of WhatsApp will not amount to the utterance of obscene words in a public place to invoke Section 294 of the Indian Penal Code, 1860. The Court has further observed that WhatsApp cannot be a public place if messages are exchanged on personal accounts of two persons.

Tags : Bombay High Court Whatsapp Messages

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Delhi HC Upholds Validity of Provision Prohibiting Prisoners from Voting in Elections - 16.03.2020

Delhi High Court has refused to declare Section 62(5) of the Representation of the People Act, 1951 which prohibits prisoners from voting in elections, as unconstitutional, holding that the classification of the persons who are in jail and who are out of jail is a valid classification and it has a reasonable nexus with the objects sought to be achieved by the Act.

Tags : Delhi High Court Voting by Prisoners

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P&H HC: Property Acquired Before Commission of Criminal Activity Cannot Be Attached Under PMLA - 16.03.2020

Punjab & Haryana High Court has held that property acquired before the commission of criminal activity or the introduction of Prevention of Money Laundering Act (PMLA), 2002 cannot be attached unless property obtained or acquired from scheduled offence is held or taken outside the country.

Tags : Punjab & Haryana High Court Property Acquired Before Commission of Crime

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NCLAT: Limitation Period Applicable to Application Filed by Financial Creditor - 16.03.2020

National Company Law Appellate Tribunal has reversed the order of the National Company Law Tribunal, Ahemdabad holding that the order of admission of an application filed by Bank of India as the financial creditor, under Section 7 of the Insolvency & Bankruptcy Code, 2016 (IBC) was time-barred, reiterating that the limitation period in Section 137 of the Limitation Act, 1963 applies to applications under Sections 7 and 9 of IBC.

Tags : National Company Law Appellate Tribunal Limitation on Application by Financial Creditor

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Delhi Court: False Claim of Impotency Amounts to Mental Cruelty - 16.03.2020

Delhi Court has held that falsely accusing a spouse of impotency amounts to mental cruelty and is a ground for divorce.

Tags : Delhi Court False Accusation of Impotency

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Delhi HC Modifies Penalty for Rash Driving for Being Excessive - 16.03.2020

Delhi High Court has noted that a lifelong ban and cancellation of driving licence for all classes or description of vehicles imposed on a man for rash driving that led to the death of a minor is excessive punishment and has modified the same to be cancelled for the class of medium and heavy goods and passenger vehicles.

Tags : Delhi High Court Rash Drving

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