16 August 2022


News

Delhi HC: No Benefit of Rehabilitation & Relocation Policy to Jhuggi Clusters Not Notified by DUSIB - 12.08.2022

Delhi High Court has held that notification by Delhi Urban Shelter Improvement Board (DUSIB) is an essential pre-requisite to be qualified/ recognized as a "jhuggi jhopri basti" for the purpose of its Rehabilitation and Relocation Policy of 2015.

Tags : Delhi High Court Rehabilitation DUSIB

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Delhi HC: Procedural Formalities in CPC Not Intended to be Abused as Instrument of Oppression - 12.08.2022

Delhi High Court has held that the procedural formalities in the Code of Civil Procedure are "intended to facilitate litigation" by prescribing the course to be adopted and not to be "abused as an instrument of oppression" to frustrate validly instituted proceedings.

Tags : Delhi High Court CPC Oppression Litigation

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SC: Rule of Evidence to Prove Criminal Charges Can’t be Used While Deciding MAC Claims - 12.08.2022

Supreme Court has held that rule of evidence to prove criminal charges can’t be used while deciding application seeking motor accident compensation (MAC) as such application has to be decided on basis of evidence led before it and not on basis of evidence which could have been led in criminal trial.

Tags : Supreme Court MAC Evidence

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Cal. HC: No Need to Corroborate Dying Declaration if Given In Fit State of Mind - 12.08.2022

Calcutta High Court has held that a dying declaration is a conclusive piece of evidence, admissible for the conviction of the accused, wherein corroboration is not mandatory when the deceased is in a 'fit state of mind' while giving the declaratory statement.

Tags : Calcutta High Court Dying Declaration Corroboration

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SC: Continuity of Service With Back Wages Can be Directed Where The Retrenchment Was Not Bona Fide - 12.08.2022

Supreme Court has held that once the orders of retrenchment are set aside for not being Bona Fide, the workmen will naturally be entitled to continuity of service with order of back wages as determined by a tribunal or a court of law.

Tags : Supreme Court Retrenchment Workmen Bona Fide

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Guj. HC: Electricity Co. Doesn’t Require Landowner's Consent for Laying Overhead Transmission Lines - 10.08.2022

Gujarat High Court has held that an electricity company does not require the consent of a private landowner to lay overhead high tension transmission lines and that at most, such landowner may claim compensation for any damage that may be sustained during the process.

Tags : Gujarat High Court Transmission Lines Compensation Electricity Company

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ITAT: Forex Transaction to Hedge Foreign Currency Risk is Not Speculative - 10.08.2022

Income Tax Appellate Tribunal (ITAT), Chandigarh Bench while allowing deduction, has held that the Forex transaction to hedge foreign currency risk is not speculative.

Tags : ITAT Forex Transaction Hedge Foreign Currency

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ITAT: Domestic Transaction from a Related Party is Not a Specified Domestic Transaction - 10.08.2022

Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that a domestic transaction from a related party is not a specified domestic transaction under Section 92BA of Income-Tax Act, 1961.

Tags : ITAT Income-Tax domestic Transaction

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Delhi HC: GST Provisional Attachment Not Valid After Expiry of Time Period U/S 83 of CGST Act - 10.08.2022

Delhi High Court has held that provisional attachment is not valid after the period prescribed under section 83 of the Central Goods and Services Tax Act, 2017 (CGST Act).

Tags : Delhi High Court CGST Provisional Attachment

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Delhi HC: Charges Can be Framed Only on Material, Not on Speculation - 09.08.2022

Delhi High Court while quashing a trial court order that had framed charges against a chartered accountant in a disproportionate assets case, has held that charges can be framed only on the material before the court and not on speculation.

Tags : Delhi High Court Charges Disproportionate Assets Case

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