Case Analysis

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
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.
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

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
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.
22nd Aug, 2013

Circumstances when the Arbitration Clause cannot survive

An arbitration clause in an agreement cannot survive if the agreement containing arbitration clause has been superseded/ novated by a later agreement
22nd Aug, 2013

Mandatory provisions of Security Interest (Enforcement) Rules 2002 can be dispensed in certain conditons

Mandatory Provisions of Rule 9 of Security Interest (Enforcement)  Rules 2002 can be dispensed with when secured creditor, borrower and auction purchaser by a written agreement so agree In a matter revolving around the compliance […]
16th Aug, 2013

Excise duty of the business of erstwhile owner is not the responsibility of subsquent purchaser.

Clearing excise dues is not a statutory liability to be discharged when property and not the business of the erstwhile owner is the subject matter of purchase