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SC Uphelds Rule That Allows CA’s Discipline Board to Refer Matter to Disciplinary Committee - 09.02.2024

SC has upheld a rule under Chartered Accountants' (Procedure of Investigation of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 which allows Discipline Board to refer complaint for misconduct to the Disciplinary Committee despite Director’s opinion that accused is not guilty.

Tags : Supreme Court Disciplinary Committee Discipline Board

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Supreme Court: Under Unlawful Activities (Prevention) Act, 1967 Jail is Rule and Bail is Exception - 09.02.2024

Supreme Court while observing that under Unlawful Activities (Prevention) Act, 1967 jail is the rule and bail is exception has denied bail to a man on the ground that mere delay in trial is no ground to grant bail in grave offences.

Tags : Supreme Court UAPA Bail

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Delhi High Court: Right to Heritage And Culture to Be Harmonised With Right to Health And Breathe - 09.02.2024

Delhi HC while hearing a plea to halt alleged demolition in Mehrauli and Sanjay Van, has observed that right to health and breathe and the right to heritage and culture have to be harmonised. Efforts must be made to ensure that no illegal and unauthorised construction is carried out on public land.

Tags : Delhi High Court Right to Health And Breathe Unauthorised Construction Public Land

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Bom. HC: Recourse of Reopening Assessment to Remedy Error Occurred By AO Cannot be Allowed to Him - 09.02.2024

Bombay High Court has held that the Assessing Officer (AO) cannot be allowed to take recourse of re-opening the assessment to remedy the error resulting from his oversight in the assessment proceeding.

Tags : Bombay High Court Assessment Proceeding Assessing Officer

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Bom HC: Arb. Clause Can’t be Invoked By Individuals/Minorities Of Housing Society In Dev. Agreement - 09.02.2024

Bombay High Court has held that individual/minority members of society cannot invoke arbitration clauses in development agreements against developer because when a society enters into a development agreement, society speaks for its members and members lose their independent rights qua the society.

Tags : Bombay High Court Housing Society Development Agreement Arbitration Clauses

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Supreme Court Elaborates the Difference Between ‘Land’ and ‘Immovable Property’ - 08.02.2024

Supreme Court has stated that if provisions of the Punjab Pre-Emption Act, 1913 are read it is abundantly clear that the land and the immovable property are two different terms. The immovable property is more than the land on which certain construction has been made.

Tags : Supreme Court Punjab Pre-Emption Act 1913 Immovable Property

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Del. HC: Claim of Product-By-Process Has to Be Examined On Anvil of New And Unobvious Product - 08.02.2024

Delhi High Court has ruled that product-by-process claim under the Patents Act, 1970 will have to be examined necessarily on the anvil of a “new and unobvious product”, irrespective of the applicant having chosen to describe the invention by referring to a process of manufacture.

Tags : Delhi High Court Product-by-Process Claim Unobvious Product

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Del. HC Refuses to Direct Trial Courts in National Capital to Issue Notice At Pre-Trial Stage - 08.02.2024

Delhi HC while refusing to direct trial courts in the national capital to compulsorily issue notice to the complainant or victim in a criminal case at pre-trial stage, has observed that such direction is likely to result in delays in trial and is likely to defeat the objective of expeditious trials.

Tags : Delhi High Court Pre-Trial Stage Trial Courts

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Cal. HC: Bill Generated For Exporting Goods Expired Due to Accident, 200% Penalty Quashed - 08.02.2024

Calcutta HC while quashing 200% penalty has observed that unless department establishes that transporter or owner of goods had an intention to violate provisions of the West Bengal Goods and Services Tax Act, 2017, the question of imposing penalty under Section 129 of the Act would not be justified.

Tags : Calcutta High Court Section 129 of WBGST Act 200% Penalty

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Supreme Court: It Is For the State As Custodian to Assess If Tree-Felling Is Required or Not - 07.02.2024

Supreme Court has conveyed its displeasure at private parties seeking permission to fell trees for industrial projects without first approaching the custodian of subject land and/or providing a concrete plan for compensatory afforestation.

Tags : Supreme Court Custodian Compensatory Afforestation

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