Have you ever thought why some companies with flourishing business had to wind up? What are the circumstances which take a company to absolute nullity? And what happens next? I am bringing you a brief insight that will clear your doubts about what winding up of company means and its immediate repercussions. What is Winding
... Continue Reading.Month: November 2020
What can be done when there is a delay in filing the case before an income tax tribunal?
The Income Tax Appellate Tribunal (hereinafter referred as ITAT), constituted by the Central Government under the Ministry of Law, stands as the first experiment on ‘tribunalization’ in the Indian history. First set up on 25th January 1941. It is the second appellate authority after exhausting your remedy before the Commissioner of Income Tax (CIT) and
... Continue Reading.Meaning And Particulars Of Charge, Can Charge Be Altered? What Is The Effect Of Defective Charge?
MEANING OF CHARGE? The term charge in law means a plethora of things. It can be a charge by a magistrate or a charge under company law. It can also be a jury charge, and assigned duty (you are in charge of certain matter), an encumbrance, lien or a claim, a person entrusted with a
... Continue Reading.Justice DY Chandrachud: SC has a mandate to interfere in cases evidencing deprivation of Constitutional rights
Today, On the occasion of Constitution Day, Justice DY Chandrachud has observed that the Supreme Court has mandate to interfere in cases involving deprivation of Constitutional rights. While delivering a lecture at a session of the Jindal Global Virtual Conference, Justice ChandraChud has noted that, “Endowing courts with the expectation that they are the sole
... Continue Reading.Delhi HC: Amendment made in 2018 to Prevention of Corruption Act does not have a retrospective effect
The High Court of Delhi has held that the 2018 amendment made to Prevention of Corruption Act does not have a retrospective effect. Before the amendment, Section 13(1)(d) of the Prevention of Corruption Act; originally prosecuted the accused. The contention made by the accused in this case was that the appeal made by the Central
... Continue Reading.SC: Plea filed by Skoda Volkswagen India, to quash FIR dismissed
A petition filed by Skoda Volkswagen India seeking a quash of FIR registered in Uttar Pradesh alleging installation of emission cheat devices in its car, has been dismissed by the Supreme Court. Today (26th November 2020), a bench led by Chief Justice of India, SA Bobde has passed an order dismissing the appeal filed against
... Continue Reading.Lucknow Bench of Allahabad HC asks UP Govt and State Public Pollution Board about steps taken to Curb Air Pollution
Uttar Pradesh Government and State Public Pollution Board have been asked by the Lucknow Bench of the High Court of Allahabad to state the steps they have taken to bring down the Air pollution level. The direction was passed on 24th November 2020. Advocate Radhika Singh had filed a PIL seeking complete ban on the
... Continue Reading.Centre : Additional Sessions Judge-02 as Human Rights Court in each Delhi District
On November 24, the Lieutenant Governor of Delhi has designated the court of Additional Sessions Judge-02 in each District as Human Rights Court. Presently, there are eleven judicial districts in Delhi State. The appointment is in pursuance of the powers conferred by Section 30 of the Protection of Human Rights Act, 1993, in concurrence with the
... Continue Reading.Supreme Court allows four weeks to its Secretary General to file response
On Thursday, the Supreme Court has granted four week’s time to its Secretary General to file reply affidavit on a petition seeking appointment of Additional Judges in Supreme Court under Article 128 of the Constitution of India. A petition was filed in 2019 by NGO Lok Prahari. The Advocate appearing on behalf of NGO said that, “This is not
... Continue Reading.Plea against Aamir Khan for his comments on ‘intolerance’ was dismissed : Chhattisgarh HC
A criminal petition filed against Actor Aamir Khan, seeking action to be taken for his comments on ‘growing intolerance’ in the nation after 2014. While hearing a plea, a single-Judge Bench of Justice Sanjay K Agarwal has dismissed the petition on the grounds that the petition is ‘substanceless and meritless. The bench said, “I do not find any merit in
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