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Articles for Retrospective Application

SC to set conditions on retrospective mineral tax ruling to provide clarity
4 months, 3 weeks ago

SC to set conditions on retrospective mineral tax ruling to provide clarity

Hindustan Times  

The Supreme Court on Wednesday indicated that it would lay down specific conditions regarding the retrospective applicability of its recent ruling, which affirmed the legislative competence of states to levy taxes on minerals and mineral-bearing land in addition to the royalty imposed by the Centre. In 1989, a seven-judge bench ruled in the India Cements case that the Centre held …

India Supreme Court Constitution Court Rights States Jharkhand
S.164(2) Of Companies Act 2013 Has No Retrospective Application Before 2014-15 FY : Supreme Court's Prima Facie View
4 months, 4 weeks ago

S.164(2) Of Companies Act 2013 Has No Retrospective Application Before 2014-15 FY : Supreme Court's Prima Facie View

Live Law  

The Supreme Court has expressed prima facie agreement with a judgment of the Allahabad High Court that Section 164 of the Companies Act 2013, which provides for the disqualification of directors due to non-filing of balance sheets and annual returns for any continuous period of three financial years, has no retrospective application to the periods preceding Financial. The Supreme Court …

Court Companies Act Financial Year No Retrospective Application
Chandrababu Naidu Case : Why Supreme Court Judges Differed On Retrospective Application Of Section 17A Prevention Of Corruption Act?
11 months ago

Chandrababu Naidu Case : Why Supreme Court Judges Differed On Retrospective Application Of Section 17A Prevention Of Corruption Act?

Live Law  

In the petition filed by former Andhra Pradesh Chief Minister Chandrababu Naidu, the Supreme Court has delivered a split verdict on the retrospective application of Section 17A of the Prevention of Corruption Act, 1988 to offences which existed before the 2018 amendment, which inserted Section 17A. Section 17A was introduced by an amendment with effect from July 26, 2018, and …

Investigation 2018 Bose Case Retrospective Application State Amendment
Supreme Court Weekly Roundup: September 11 To September 17, 2023
1 year, 3 months ago

Supreme Court Weekly Roundup: September 11 To September 17, 2023

Live Law  

Judgments/Orders It Is Duty Of Police To Produce Imprisoned Accused Before Court, Accused Can't Be Blamed For Police's Negligence: Supreme Court Case Title: Satendra Babu vs. State of Uttar Pradesh Citation : 2023 LiveLaw 766 The Supreme Court recently stated that when accused persons are in prison, it is the duty of the police to produce them before the trial …

Justice Odisha Delhi Supreme Court Writ Petition Constitution High Courts
Retired Employees Can't Claim Benefit Of Subsequent Govt Decision To Increase Retirement Age : Supreme Court
1 year, 3 months ago

Retired Employees Can't Claim Benefit Of Subsequent Govt Decision To Increase Retirement Age : Supreme Court

Live Law  

The Supreme Court has dismissed a petition filed by a group of teachers in Homeopathic Medical Colleges in Kerala seeking increase of their retirement age from 55 years to 60 years at par with the teachers of other Medical Colleges.The appellants approached the Supreme Court in 2010 challenging the refusal of the Kerala High Court to grant them relief. The …

Retirement Kerala Medical Court Age Medical Colleges Retrospective Application
Supreme Court News Updates Weekly Round Up [October 31 to November 6]
2 years, 1 month ago

Supreme Court News Updates Weekly Round Up [October 31 to November 6]

Live Law  

NEWS THIS WEEK Supreme Court Quashes Criminal Defamation Case Against Aroon Purie, Former India Today Chief Editor Supreme Court bench comprising Chief Justice UU Lalit, Justices Ravindra Bhat and Bela M Trivedi granted relief to Aroon Purie, founder-director of India Today in defamation suit. Supreme Court Issues Notice On PIL Challenging Section 62 Which Deprives Prisoners The Right To Vote …

India Karnataka Delhi Supreme Court Sri Lanka Malayalam Constitution
No Limitation Applicable For Refund Amount Lying With Dept. Having The Nature Of Revenue Deposit: CESTAT
2 years, 6 months ago

No Limitation Applicable For Refund Amount Lying With Dept. Having The Nature Of Revenue Deposit: CESTAT

Live Law  

The Delhi bench of the Customs, Excise and Service Tax Appellate Tribunal consisting of Anil Choudhary has ruled that the limitation applicable for refund amount lies with the department having the nature of revenue deposit. As per section 102 of the Finance Act, 1994, no service tax can be levied or collected for the period commencing from the 1st day …

Tax Services Application Limitation Service Department Stat
Transitioning Of The Law On Money Laundering In India
2 years, 11 months ago

Transitioning Of The Law On Money Laundering In India

Live Law  

Prior to the year 2005, the casting of money laundering had been difficult. Scheduled Offences The Prevention of Money Laundering Act, 2002, the scheduled offences had provisions from six different legislations, including the Indian Penal Code 1860, NDPS Act, 1985; Arms Act, 1959, Wildlife Protection Act, 1972, Immoral Traffic Act, 1956 and Prevention of Corruption Act, 1988. Nikesh Tarachand Shah …

India Property Court Money Laundering Money Prevention Schedule
Timelines For The Making Of An Arbitral Award In View Of The Arbitration And Conciliation (Amendment) Act, 2019 – The Continuing Saga Of Retrospective Applicability
4 years, 3 months ago

Timelines For The Making Of An Arbitral Award In View Of The Arbitration And Conciliation (Amendment) Act, 2019 – The Continuing Saga Of Retrospective Applicability

Live Law  

The Arbitration and Conciliation Act, 2019 came into force on 30.08.2019. The Supreme Court in BCCI referring to Section 29A of the Act, as incorporated in by way of Amendment of 2015 held it to be a procedural law, as it does not create new rights and liabilities, but held that amendment to be prospective in view of Section 26 …

Arbitration Judgment Court Timelines Retrospective Application Amendment Bcci