limitation intention office central law cooperative cant quashes court bill assessment trial award supreme unregistered constitutional 370 notice tds offences criminal jk tax trade started indian reiterates education benches statement

Articles for Proviso

University Need Not Insist On +2 Passing Certificate To Determine Eligibility For 3-Yrs LLB Course If Student Produces First Degree: Karnataka HC
4 days, 4 hours ago

University Need Not Insist On +2 Passing Certificate To Determine Eligibility For 3-Yrs LLB Course If Student Produces First Degree: Karnataka HC

Live Law  

The Karnataka High Court has said that the question of considering Higher Secondary pass certificate for admission to LLB course would be irrelevant so long as the candidates were to have a First degree issued by any recognised University. A single judge Justice Suraj Govindaraj held thus while allowing the petition filed by one Rakesh Shetty and said “In respect …

Karnataka University Eligibility Certificate Degree Kar Course
Annual Digest Of IBC Cases: 2024
1 week, 3 days ago

Annual Digest Of IBC Cases: 2024

Live Law  

Supreme Court Case Title: Ansal Crown Heights Flat Buyers Association vs. M/S. : Company Appeal No.231 of 2023 The National Company Law Appellate Tribunal, New Delhi, comprising Justice Ashok Bhushan and Mr. Barun Mitra, has held that the Corporate Debtor cannot be absolved from its liability to discharge its Operational debt by the Insurance Company's payment to the Operational Creditor …

India Justice Delhi Mumbai Supreme Court High Court Corporate
Whether A “Prosecution Witness” Can Be Cross-Examined By Resort To Both The Limbs Of Section 145 Evidence Act (S.148 BSA) With Regard To His161 (3) Cr.P.C. (S.180 (3) Of BNSS) Statement
1 week, 6 days ago

Whether A “Prosecution Witness” Can Be Cross-Examined By Resort To Both The Limbs Of Section 145 Evidence Act (S.148 BSA) With Regard To His161 (3) Cr.P.C. (S.180 (3) Of BNSS) Statement

Live Law  

In order to fully grapple with the issue, it may be necessary to closely examine the wordings of the relevant portions of Section 162 Cr.P.C. S.162 Cr.P.C., 1973 S.181 BNS, 2023 162: Statements to police not to be signed: Use of statements in evidence No statement made by any person to a police officer in the course of an investigation …

Writing Evidence Court Witness Prosecution Statements Act
Not Essential To Arrest Person Who Voluntarily Appears Before Magistrate For Giving Specimen Signature Or Handwriting: Delhi High Court
2 weeks, 1 day ago

Not Essential To Arrest Person Who Voluntarily Appears Before Magistrate For Giving Specimen Signature Or Handwriting: Delhi High Court

Live Law  

The Delhi High Court has recently ruled that it is not essential to arrest a person who voluntarily appears before the Court or Magistrate, pursuant to the application filed by the Investigating Officer, for giving specimen signature or handwriting. Section 311A of CrPC provides that the Magistrate has the power to order persons to give specimen signatures or handwriting for …

Nature Court Person Magistrate Crpc Proviso Section 311A
Related Party Can't Be Allowed Backdoor Entry Into CoC On Account Of Its Operational Debt: NCLT Kolkata
1 month, 1 week ago

Related Party Can't Be Allowed Backdoor Entry Into CoC On Account Of Its Operational Debt: NCLT Kolkata

Live Law  

The NCLT, Kolkata bench of Justice Ashok Kumar Bhardwaj has held that once a Financial Creditor had been classified as a “related party”, it could not be allowed to gain entry into Committee of Creditors on account of its Operational Debt as it would amount to defeating the legislative intent of keeping related parties out and running of CoC by …

Supreme Court Corporate Corporate Debtor Operational Creditor Operational Party Debt
Jharkhand Building Control Act | Family Member Residing With And Dependent On Deceased Tenant Qualifies As Legal Heir: High Court
1 month, 1 week ago

Jharkhand Building Control Act | Family Member Residing With And Dependent On Deceased Tenant Qualifies As Legal Heir: High Court

Live Law  

The Jharkhand High Court has held that a family member who resided with and was dependent on a deceased tenant qualifies as a legal heir under the proviso to Section 5 of the Jharkhand Building Act, 2011. and the proviso of Section 5 of the Jharkhand Building Act, 2011 the petitioner who has averred himself to be the nephew of …

High Court Trial Court Tenant Act Her Husband Plaintiff
No Bail U/S 479(1) BNSS On Completing Half Or 1/3rd Sentence If Accused Booked In Multiple Cases: Karnataka High Court
1 month, 2 weeks ago

No Bail U/S 479(1) BNSS On Completing Half Or 1/3rd Sentence If Accused Booked In Multiple Cases: Karnataka High Court

Live Law  

The Karnataka High Court has rejected the bail plea of 73-year-old K Ramakrishna, former Chairman of Guru Raghavendra Sahakara Bank Niyamitha and Sri Guru Sarvabhauma Souhanda Credit Co-operative Ltd, booked under Prevention of Money Laundering Act, for allegedly de-frauding the bank to the tune of Rs.1,553 Crores by creating fictitious documents and granting loan in favour of fictitious persons. The …

Trial Court Bail Cases Trial Court Bank Case
Cross-Examination Requests In Show Cause Proceedings Cannot Be Allowed Without A Reply From Noticee: Madras High Court
1 month, 4 weeks ago

Cross-Examination Requests In Show Cause Proceedings Cannot Be Allowed Without A Reply From Noticee: Madras High Court

Live Law  

The Madras High Court stated that a request for cross-examination of a witness in a Show Cause proceeding cannot be allowed if no reply on merits has been provided by the noticee. The Division Bench of Justices R. Suresh Kumar and C. Saravanan observed that “………the question of entertaining an application for cross-examination of the witnesses without any reply on …

Chennai Customs Show Cause Cause Period Act Bench
High Court Judges Can't Be Discriminated Regarding Pension Based On Whether They're Elevated From Service Or Bar : Supreme Court
Trending News
2 months ago

High Court Judges Can't Be Discriminated Regarding Pension Based On Whether They're Elevated From Service Or Bar : Supreme Court

Live Law  

The Supreme Court today (November 5) held that High Court Judges elevated from the district judiciary would be entitled to service conditions at par with those judges appointed from the bar and that the Constitution does not differentiate between the High Court Judges on the basis of the source of their recruitment.

New Delhi
High Court Judges' Salaries and Benefits: Supreme Court Dismisses Dispute on Source of Recruitment
2 months ago

High Court Judges' Salaries and Benefits: Supreme Court Dismisses Dispute on Source of Recruitment

Live Law  

The Supreme Court today (November 5) held that High Court Judges elevated from the district judiciary would be entitled to service conditions at par with those judges appointed from the bar and that the Constitution does not differentiate between the High Court Judges on the basis of the source of their recruitment.

New Delhi
Witness Who Made Self-Incriminating Statements Can Be Summoned As Additional Accused Based On Other Materials: Supreme Court
3 months, 4 weeks ago

Witness Who Made Self-Incriminating Statements Can Be Summoned As Additional Accused Based On Other Materials: Supreme Court

Live Law  

The Supreme Court held that a witness who gives an incriminating statement cannot take a shield under proviso of Section 132 of the Evidence Act to claim immunity from prosecution if there exists other substantial evidence or material against him proving his prima facie involvement in the crime.The Court stated : "We hold that the qualified privilege under the proviso …

Evidence Court Witness Prosecution Statement Statements Accused
K Kavitha’s bail: What is PMLA’s bail concession for women?
4 months, 2 weeks ago

K Kavitha’s bail: What is PMLA’s bail concession for women?

The Hindu  

The Supreme Court on Tuesday granted bail to Bharat Rashtra Samithi leader K Kavitha in graft and money laundering cases registered by the Central Bureau of Investigation and Enforcement Directorate respectively in connection with the alleged Delhi excise policy scam. On July 1, the Delhi High Court dismissed the bail plea of the BRS leader noting that she was “well-educated” …

Women Constitution Court Bail High Woman Bench
Half Yearly Digest Of IBC Cases : January To June,2024
5 months, 3 weeks ago

Half Yearly Digest Of IBC Cases : January To June,2024

Live Law  

Supreme Court IBC | Moratorium Under S 14 No Bar To Execute Decree Against Directors/Officers Of Corporate Debtor: Supreme Court Case Title: Ansal Crown Heights Flat Buyers Association vs. M/S. : Company Appeal No.231 of 2023 The National Company Law Appellate Tribunal, New Delhi, comprising Justice Ashok Bhushan and Mr. Barun Mitra, has held that the Corporate Debtor cannot be …

India Real Estate Justice Delhi Mumbai Supreme Court High Court
Madras HC Issues Notice To ECI On Plea Challenging Proviso To S.123(3) Of RP Act Which Gives Immunity To Symbols Allotted By Election Commission
6 months, 1 week ago

Madras HC Issues Notice To ECI On Plea Challenging Proviso To S.123(3) Of RP Act Which Gives Immunity To Symbols Allotted By Election Commission

Live Law  

The Madras High Court has issued notices to the Election Commission of India and the Secretary, Ministry of Law and Justice in a plea challenging the proviso to Section 123 of the Representation of Peoples Act. Sub Section to Section 123 relates to appeal by a candidate or his agent or by any other person with the consent of the …

Religious Election Election Commission Act Proviso Madras Hc Allotted
Allahabad High Court Denies Renewal Of Future License To Liquor Shop Which Predates School In Its Proximity
7 months, 3 weeks ago

Allahabad High Court Denies Renewal Of Future License To Liquor Shop Which Predates School In Its Proximity

Live Law  

Recently, while entertaining a Public Interest Litigation filed by an LKG student, the Allahabad High Court denied renewal of the liquor license to a country liquor shop as it was situated very close to a school, even though the liquor shop predated the school. “The mere fact that the shop has been used as a liquor shop in a financial …

School Court Rules Pil Rule License Renewal Petitioner
Refrain from renewal of licence of liquor shop near a school: HC to state govt
8 months ago

Refrain from renewal of licence of liquor shop near a school: HC to state govt

Hindustan Times  

Acting on a PIL moved by a five-year-old LKG student, the Allahabad High Court has directed the state government authorities to refrain from renewing the licence of a liquor shop near the school of the petitioner in Kanpur. The petitioner – Atharva Dixit had sought direction to relocate the country made liquor shop in Azad Nagar at Kanpur Nagar and …

School Licence Pil Rule Petitioner Liquor Shop
Interest Not Leviable From Assessee For Short Payment Of Tax Due To Payer's Default In Deducting TDS Before FY 2012-2013: ITAT
8 months ago

Interest Not Leviable From Assessee For Short Payment Of Tax Due To Payer's Default In Deducting TDS Before FY 2012-2013: ITAT

Live Law  

The Delhi Bench of Income Tax Appellate Tribunal has held that since the assessee was a non-resident, the entire tax was to be deducted at source on payment made by the payer to it, and there was no question of advance tax payment by the assessee; accordingly, no interest under Section 234B could be levied upon the assessee.The bench of …

India Income Tax Payment Act Source Itat Assessee
S.132B(1)(i) Income Tax Act | Power Of Assessing Authority To Decide Application For Release Of Seized Assets Not Automatically Abated After 120 Days: Allahabad HC
8 months, 3 weeks ago

S.132B(1)(i) Income Tax Act | Power Of Assessing Authority To Decide Application For Release Of Seized Assets Not Automatically Abated After 120 Days: Allahabad HC

Live Law  

The Allahabad High Court has held that the jurisdiction of the Assessing Authority to decide the application for release of seized assets under Section 132B does not abate after a period of 120 days from the date on which the last of the authorizations for search under section 132 or for requisition under section 132-A was executed. The Court held …

Tax Court Application Held Release Petitioner Seized
No By-Election For Akola West Assembly Constituency: Bombay High Court Quashes ECI's Notification
9 months, 2 weeks ago

No By-Election For Akola West Assembly Constituency: Bombay High Court Quashes ECI's Notification

Live Law  

The Bombay High Court on Tuesday quashed the Election Commission of India's by-election notification for the Akola West Assembly Constituency, Maharashtra and held that there will be no bye-poll for the constituency. “As the period of less than one year is left as a balance term an incoming member would get from the date of declaration of the result of …

India High Court Election Term Eci
Justice Ramkumar Reviews India's Latest Criminal Justice Law
9 months, 3 weeks ago

Justice Ramkumar Reviews India's Latest Criminal Justice Law

Live Law  

My comments: - This again is a welcome provision provided it is effective and foolproof. Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given— orally, it shall be reduced to …

Law India Kerala Court Police Custody Courts Custody
Filing Return By Due Date U/s 139 Is Mandatory For Political Party To Claim Exemption U/s 13A: Delhi ITAT Refuses To Stay Recovery Against Congress Party
10 months ago

Filing Return By Due Date U/s 139 Is Mandatory For Political Party To Claim Exemption U/s 13A: Delhi ITAT Refuses To Stay Recovery Against Congress Party

Live Law  

While holding the argument that an assessee is entitled to a stay on the recovery proceedings on payment of 20% of the demand during the pendency of appeal before the Tribunal, as too general, the New Delhi ITAT dismisses the stay application of Indian National Congress treating it as meritless. At the same time, on the merits of the matter, …

Recovery Party Income Tribunal Act Bench Political Party
Bombay High Court Quashes Reassessment Notices Issued Against Godrej For Beyond Limitation Period
10 months, 1 week ago

Bombay High Court Quashes Reassessment Notices Issued Against Godrej For Beyond Limitation Period

Live Law  

The Bombay High Court has quashed the reassessment notices issued against Godrej because the notice was issued beyond the limitation period.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that the validity of a notice must be judged on the basis of the law existing as on the date on which the notice is issued under …

Limitation Period Notice Fifth Issued Bombay Godrej
CBI not totally exempted from RTI Act: Delhi High Court
11 months, 1 week ago

CBI not totally exempted from RTI Act: Delhi High Court

Hindustan Times  

The Central Bureau of Investigation is not exempt from disclosing information it possesses about corruption and human rights violations under the Right to Information Act, the Delhi high court has said. Section 24 of RTI Act gives intelligence and security agencies such as CBI immunity from the Act, with the proviso that such agencies should disclose information held by them …

Human Rights Corruption Delhi Court Information Delhi High Court Cbi
Indian Chamber Of Commerce Entitled To Claim Exemption In Respect Of Receipts From Seminars And Conferences: ITAT
11 months, 4 weeks ago

Indian Chamber Of Commerce Entitled To Claim Exemption In Respect Of Receipts From Seminars And Conferences: ITAT

Live Law  

The Kolkata Bench of the Income Tax Appellate Tribunal has held that the Indian Chamber of Commerce is entitled to claim exemption in respect of its entire receipts.The bench of Rajesh Kumar has observed that the ICC is not carrying on any activity of holding meetings, seminars, and conferences for business purposes but only to support its main object, and. …

Business Activities Commerce Income Conferences Icc Exemption