Articles

7th Oct, 2013

Courts while adjudicating issue relating to dishonour of cheque cannot impose compensation/ fine more than twice the cheque amount

Under Section 138 of the Negotiable Instruments Act, 1881, while dealing with the offence of dishonor of cheque, recovery of the amount payable under the instrument, power to levy fine is restricted to twice the […]
7th Oct, 2013

Mortgage by deposit of title deeds whether requires compulsory registration?

When borrower and the creditor choose to reduce a contract in writing as the sole evidence of terms between them, It since becoming integral part of the transaction, shall require registration under Section 17 of […]
30th Sep, 2013

Jurisdiction of SEBI in regard to GDRs

In matters relating to issuance, trading and conversion of Global Depositories Receipts (GDRs), the jurisdiction rest with the RBI and/or the Ministry of Finance
26th Sep, 2013

A Consumer Court has no jurisdiction to entertain complaint seeking specific performance of agreement.

A Consumer Court has no jurisdiction to entertain complaint seeking specific performance of agreement. The jurisdiction rest with the Civil Court only.
26th Sep, 2013

Books of Accounts is not a conclusive evidence

Books of Accounts is not considered as a conclusive evidence to determine liability to rule out any attempt to manipulate to fix liability on someone else due to any element of self-interest and partisanship
12th Sep, 2013

Unnecessary adjournments must not be granted by the DRT

Debt Recovery Tribunal(s) are constituted to ensure expeditious disposal of controversies/ issues between the banks and borrowers in the larger public interest.
11th Sep, 2013

Right or Interest to occupy is a Species of Property and is not barred from transferability

A question arose before the Apex Court as to whether the property mortgaged to a Bank by shareholder of a Company can be attached and sold in execution of a decree obtained by Bank
10th Sep, 2013

Amendment in Marriage Acts #indianlaws #marriagelaws

A new ground of divorce has been added to the existing list of grounds for dissolution of marriage
3rd Sep, 2013

Cooperative Housing Society not entitled to Tax-exempt in transfer fee and TDR premium receipts on the ground of mutuality

Receipt by way of transfer fee and Transfer of development rights (TDR) premium by a Housing Cooperative Society from its members whether can be claimed as tax-exempt on the ground of mutuality or not?
3rd Sep, 2013

Difference between direction for investigation and further investigation under Competition Act, 2002

If Law does not permit service of notice while directing investigation by Director General under Competition Act, a need of notice cannot be pressed at the stage warranting further investigation
27th Aug, 2013

Assessing Officers are empowered to call for general particulars in the nature of survey to check evasion of tax effectively.

What is the nature of enquiry within the meaning of Section 133(6) of the Income Tax Act, 1961 was the question that arose for consideration before the Apex Court.
27th Aug, 2013

Postal orders without stamps to be accepted along with an RTI Application

CIC directions and recommendations to respective authorities to check wastage of time and harassment to the information seekers under Right to Information Act, 2005