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Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Interest on delayed refund under the provisions of S. 27A of Customs Act, 1962 does not arise; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P. Venkata Subba Rao (Technical Member) allowed an appeal which was filed against the

Case Briefs High Courts

HP HC | Legislative intent of NI Act, 1881 is not to send the people to suffer incarceration but to execute recovery of cheque amount by showing teeth of penalty loss; conviction set aside

Himachal Pradesh High Court: Anoop Chitkara, J., setting aside the conviction against the petitioner, discussed the effect of compromise between the parties

Legislation Updates Statutes/Bills/Ordinances

75% reservation in jobs to local candidates by employer in State of Haryana? Read the Haryana State Employment of Local Candidates Bill, 2020

Haryana State Employment of Local Candidates Bill, 2020 The above stated Bill provides seventy-five per cent employment of local candidates by the

Business News News

Lakshmi Vilas Bank: RBI announces Draft Scheme of Amalgamation

The Reserve Bank of India has placed in the public domain a draft scheme of amalgamation of The Lakshmi Vilas Bank Ltd. (LVB)

Case Briefs High Courts

Ker HC | If a particular income is not taxable under Income Tax Act, it cannot be taxed on basis of estoppel or any other equitable doctrine; Court reiterates principles for recovery under Income Tax Act

Kerala High Court: Vinod Chandran J., while answering the law points in favour of the Revenue department, restrained from any recovery of

Case Briefs High Courts

Kar HC | While exercising discretionary powers of deciding ‘exceptional circumstances’, SEC cannot ignore Constitutional mandate under Art. 243E; Directions issued to schedule Panchayat elections

Karnataka High Court: A Division Bench of Abhay S. Oka CJ. and Ashok S. Kinagi J., while partly allowing the present petition,

Case Briefs High Courts

Del HC | Whether information in respect of an investigation carried out by office of DG of Income Tax (Investigation) is required to be intimated to complainant? Read HC’s view

Delhi High Court: Suresh Kumar Kait, J., while addressing the present matter, observed that, Providing information regarding an ongoing investigation to its informer

Legislation Updates Rules & Regulations

Insolvency and Bankruptcy Board of India amends Regulations relating to corporate insolvency proceedings

The Insolvency and Bankruptcy Board of India (IBBI) notified the following Amendment Regulations, 2020: (a) the Insolvency and Bankruptcy Board of India

Appointments & Transfers News

President appoints 28 Additional Judges as Judges of Allahabad High Court

President of India in the exercise of the power conferred by clause (1) of Article 217 of the Constitution of India, appointed

Case Briefs High Courts

Ker HC | Can demand notices issued under S. 13(2) of SARFAESI Act be challenged invoking writ jurisdiction of High Courts? Court considers

Kerala High Court: A.M. Badar, J., while addressing the instant matter held that, demand notices under Section 13(2) of the SARFAESI Act can

Case Briefs High Courts

Kar HC | Is petition under S. 125 CrPC maintainable when an order of compensation has been granted under Protection of Women from Domestic Violence Act, 2005; Petition allowed

Karnataka High Court: Jyoti Mulmani J., allowed the revision petition on grounds of failure to ascertain and understand the material propositions involved

Cases Reported SCC Weekly

2020 SCC Vol. 7 Part 1

Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 (5 of 1983) — R. 4 — Unaided

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Procedural lapse is condonable and denial of substantive right is unjustified; Tribunal allows appeal under R. 6 (3A) (ii) of Cenvat Credit Rules, 2004

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Sulekha Beevi (Judicial Member) and P. Anjani Kumar (Technical Member) allowed

Case Briefs High Courts

[MV Act] Kar HC | Strict rules of evidence are not required to be followed in matters relating to MV Act, 1988; Petition allowed

Karnataka High Court: A Division Bench of Alok Aradhe and H.T. Narendra Prasad JJ., allowed the appeal stating that the Tribunal is

Case Briefs High Courts

Bom HC | 70-year old man convicted under S. 10 POCSO Act for touching breast of a minor child aged 8 years old amounting to ‘aggravated sexual assault’

Bombay High Court: Vinay Joshi, J., altered the conviction for rape and penetrative sexual assault to an act of aggravated form of

Case Briefs High Courts

Ker HC | Fourth Estate is rostrum to address matters of public interest on democracy: News items published with necessary comments, though sometimes contemptuous, may not amount to defamation

Kerala High Court: P. Somarajan, J., observed that, “…fourth estate is not expected to shy away from the matters governing public importance, but

Op Eds OP. ED.

SCC Times

law

CESTAT | Interest on delayed refund under the provisions of S. 27A of Customs Act, 1962 does not arise; Tribunal allows appeal

HP HC | Legislative intent of NI Act, 1881 is not to send the people to suffer incarceration but to execute recovery of cheque amount by showing teeth of penalty loss; conviction set aside

75% reservation in jobs to local candidates by employer in State of Haryana? Read the Haryana State Employment of Local Candidates Bill, 2020

Lakshmi Vilas Bank: RBI announces Draft Scheme of Amalgamation

Ker HC | If a particular income is not taxable under Income Tax Act, it cannot be taxed on basis of estoppel or any other equitable doctrine; Court reiterates principles for recovery under Income Tax Act

Kar HC | While exercising discretionary powers of deciding ‘exceptional circumstances’, SEC cannot ignore Constitutional mandate under Art. 243E; Directions issued to schedule Panchayat elections

Del HC | Whether information in respect of an investigation carried out by office of DG of Income Tax (Investigation) is required to be intimated to complainant? Read HC’s view

Insolvency and Bankruptcy Board of India amends Regulations relating to corporate insolvency proceedings

President appoints 28 Additional Judges as Judges of Allahabad High Court

Ker HC | Can demand notices issued under S. 13(2) of SARFAESI Act be challenged invoking writ jurisdiction of High Courts? Court considers

Kar HC | Is petition under S. 125 CrPC maintainable when an order of compensation has been granted under Protection of Women from Domestic Violence Act, 2005; Petition allowed

2020 SCC Vol. 7 Part 1

CESTAT | Procedural lapse is condonable and denial of substantive right is unjustified; Tribunal allows appeal under R. 6 (3A) (ii) of Cenvat Credit Rules, 2004

[MV Act] Kar HC | Strict rules of evidence are not required to be followed in matters relating to MV Act, 1988; Petition allowed

Bom HC | 70-year old man convicted under S. 10 POCSO Act for touching breast of a minor child aged 8 years old amounting to ‘aggravated sexual assault’

Ker HC | Fourth Estate is rostrum to address matters of public interest on democracy: News items published with necessary comments, though sometimes contemptuous, may not amount to defamation

Companies (Amendment) Act, 2020: A step in the right direction?

Right to Privacy vis-à-vis Tax Information

Weighing the effect and need of the ‘minimum threshold’ on the home-buyers