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11th May, 2015

When would C & F agents be liable under Service Tax #indianlaws

In order to qualify as a C&F Agent, a person is to be engaged in providing any service connected with ‘clearing and forwarding operations’. 
11th May, 2015

No need to issue notice to Directors of the accused company in proceedings under Section 138 N I Act #indianlaws

Section 138 of the N I Act does not admit of any necessity or scope for reading into it the requirement that the directors of the Company in question must also be issued individual notices […]
3rd May, 2015

Conviction can be based solely on the testimony of inspiring testimony of official witness

The legal position settled provides that a conviction can be based solely on the testimony of official witnesses subject to a condition that the evidence of such official witnesses must inspire confidence.
30th Apr, 2015

“Place of removal” for determining excise duty would mean the place where the goods are removed

If the goods are cleared at the factory gate, then the excise duty has to be charged on the valuation of the goods to be arrived at the factory gate as that would be the […]
30th Apr, 2015

Principles governing need to obtain sanction under Section 197 Cr P C to prosecute public servants

The protection given under Section 197 Cr P C is to protect responsible public servants against the institution of possibly vexatious criminal proceedings for offences alleged to have been committed by them while they are […]
22nd Apr, 2015

Supreme Court comes down heavily against abuse of Section 498A of Indian Penal Code

A tendency has, however, developed for roping in all relations of the in-laws of the deceased wives in the matters of dowry deaths which, if not discouraged, is likely to affect the case of the prosecution even […]
21st Apr, 2015

Mutation of a property in the revenue record does not create or extinguish title

The Supreme Court was dealing with a matter wherein a suit for declaration was instituted by a person seeking to be declared as the sole owner of a property. The property in dispute belonged to […]
20th Apr, 2015

When can a presumption of marriage raised between parties who are not married to each other

In the case of A. Dinohamy vs. W.L. Balahamy (AIR 1927 PC 185), the privy council had held that where a man and woman are proved to have lived together as husband and wife, the […]
20th Apr, 2015

Section 9A CPC as introduced by Maharashtra Amendment Act will prevail over Section 9 CPC

Section 9A provides a self-contained scheme with a non-obstante clause which mandates the court to follow the provision and at the same time is a complete departure from the provisions contained in Order XIV Rule […]
20th Apr, 2015

Holding Subsidary relatationship does not mean an arrangement of tax avoidance or tax evasion

“Arrangement” to avoid tax spoken  must be something by which the assessee and the related person “arrange” that the goods are sold at something below the normal price, so that tax is either avoided or […]
10th Apr, 2015

Exempiton U/s 10 (23C)(VIA) OF Income Tax Act allowable only when existance of claimant is for philanthropic purpose

A plain reading of the aforesaid provision makes it clear that the legislature has categorised for deduction income of those institutions which “exist solely” for philanthropic purpose with a further stipulation that they would exist […]
10th Apr, 2015

Sentence in a criminal proceedings has to be fair to accused, victim and society

It is the duty of the Court to award just sentence to a convict against whom charge is proved. While every mitigating or aggravating circumstance may be given due weight, mechanical reduction of sentence to […]