Legally Speaking

Look-out circular cannot be opened under the Benami Act

28 Jun 2022 03:26 AM IST

A transaction where a property is transferred to a person for a consideration paid by another person is defined as a Benami transaction. As per Section 2(9)(A)(a) of the Prohibition of Benami Property Transactions Act, 1988 (hereinafter referred to as “Act”), which states, “2. (9) BENAMI TRANSACTION” MEANS— (A) a

Right to clean and healthy environment is a fundamental right

28 Jun 2022 03:13 AM IST

India is one of the biggest democracies of the world and also the first country to make provisions relating to inclusion of laws relating to environmental protection under the Indian constitution. The Indian Constitution had provisions relating to protection of the environment when it came into force in 1950 under

TELANGANA HIGH COURT: PLACE OF RESIDENCE OF THE ARBITRATOR WOULD NOT BE THE SEAT OF ARBITRATION

27 Jun 2022 05:38 AM IST

The High Court of Telangana in the case M/s S. Square Infra v. Garneni Chalapathi Rao observed and held that the place of residence of the arbitrator would not determine the seat of arbitration. The Single bench comprising of Justice P. Sree Sudha observed and held that merely because an

DELHI HIGH COURT REMANDS IN THE MATTER BACK TO ASSESSING OFFICER AFTER SETTING ASIDE: JUST 3 DAYS’ TIME GRANTED TO RESPOND TO THE INCOME TAX NOTICE

27 Jun 2022 05:34 AM IST

The Delhi High Court in the case Shubham Thakral Vs ITO, the Delhi bench comprising of Justice Manmohan and Justice Manmeet Pritam Singh Arora observed and remanded the matter back to the assessing officer as just 3 days’ time was granted to respond to the income tax notice. In the

ALLAHABAD HIGH COURT: ADVOCATES SHOULDN’T ADVISE CLIENTS TO REAGITATE MATTERS IF THERE IS NO ERROR APPARENT ON FACE OF RECORD

27 Jun 2022 05:30 AM IST

The Allahabad High Court in the case Malhan and 17 Others Vs. State Of U.P. And Another observed and stated that an advocate should be given such a piece of advice when there is no error apparent on the face of the record nor was there any reason why the

DELHI HIGH COURT STAYS DEMAND NOTICE: WEATHER INCOME TAX DEMAND AND PENALTY EXTINGUISHED IN CIRP

27 Jun 2022 03:52 AM IST

The Delhi High Court in the case Indo Enviro Integrated Solution Limited Versus ACIT, the bench comprising of Justice Manmohan and Justice Manmeet Pritam Singh observed and stayed an order of income tax assessment and consequential demand and notice of penalty, the order was assailed on the ground of being

SUPREME COURT CRITICISES HIGH COURT: POSTING ANTICIPATORY BAIL PLEA AFTER TWO MONTHS CAN’T BE APPRECIATED

24 Jun 2022 05:37 AM IST

The Supreme Court in the case Sanjay versus The State (NCT of Delhi) & ANR observed and stated that in the case where personal liberty is involved, the court is expected to pass orders at the earliest while taking into account the merits of the matter in one way or

IN THE CIRP OF BOMBAY RAYON FASHIONS LTD, NATIONAL COMPANY APPELLATE TRIBUNAL (NCLT) STAYS THE CONSTITUTION OF COC

24 Jun 2022 05:29 AM IST

The National Company Appellate Tribunal (NCLT) in the case National Company Appellate Tribunal (NCLT), comprising of the bench of Justice M. Venugopal (Judicial Member) and the technical member, Shri Kanthi Narahari observed while adjudicating an appeal filed in Prashant Agarwal v Vikash Parasprampuria, has stayed in the Corporate Insolvency Resolution

ESTOPPEL CANNOT OVERRIDE LAW: SUPREME COURT ACCEPTS UNSUCCESSFUL CANDIDATES’ CHALLENGES TO SELECTION PROCESS HELD AGAINST REGULATIONS

22 Jun 2022 05:34 AM IST

The Supreme Court in the case Krishna Rai (Dead) Through LRs versus The Benarus Hindu University & Others observed and held that the principle of estoppel or acquiescence would not be applied in a selection process when the principle of estoppel is held contrary to the relevant rules. The bench

PRIMARY TEACHER RECRUITMENT SCAM: CALCUTTA HIGH COURT ORDERS REMOVAL OF CHAIRMAN OF WB BOARD OF PRIMARY EDUCATION

22 Jun 2022 05:32 AM IST

On Monday, the Calcutta High Court removed Trinamool MLA Manik Bhattacharya from the post of Chairman of the Board of Primary Education, in connection with the alleging irregularities in the recruitment of the teachers in the State government-sponsored and aided primary schools. Earlier, the bench comprising of Justice Abhijit Gangopadhyay

‘PUBLIC EMPLOYMENT CANNOT BE OBTAINED BY PAYING BRIBE’: MADRAS HC REJECTS PETITION OF ACCUSED FOR INTERIM CUSTODY OF RS 10 LAKH SEIZED DURING JOB RACKET CASE PROBE

22 Jun 2022 05:32 AM IST

The Madras High Court in the case K.Sadagopan v. State Rep.by, Inspector of Police and ors observed and dismissed a petition seeking to provide an interim custody of Rs 10 lakh, which is seized in a job racketing case. The Madras High Court bench comprising of Justice D Bharatha Chakravarthy

Plea in Supreme Court to direct Centre to reconsider Agnipath recruitment scheme for Armed forces

22 Jun 2022 05:30 AM IST

In the case Harsh Ajay Singh v Union of India, a writ petition is filed before the Supreme Court seeking issuance of directions to the Centre to reconsider its “Agnipath” recruitment scheme for armed forces. The Writ petition is filled by Advocate Harsh Singh, It is stated in the writ

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