Supreme Court

The Anatomy of Section 29 : A Legal Autopsy

"The Anatomy of Section 29  : A Legal Autopsy " by R. Sridhar Head - India, Labour Relations, Caterpillar India Private Limited  Section 19 (2) of the Industrial Disputes Act (hereinafter referred to as the Act) deals with the period of operation of settlement which reads as follows: Such settlement shall be binding for such… Read More

Tags: Arbitration awardIndiaIndustrial Disputes Act 1947Labour lawLawLife Insurance Corporation of IndiasettlementSupreme Court

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act A Welcome Change in a World of Unwelcome Advances?

Sexual Harassment affects all women in some form or the other. Lewd remarks, touching, wolf-whistles, looks are part of any woman™s life, so much so that it is dismissed as normal. Working women are no exception. In fact, working women most commonly face the backlash to women taking new roles, which belong to male domains… Read More

Tags: BhanwariBhanwari DeviIndiaRajasthanSexual harassmentSupreme CourtSupreme Court of IndiaSupreme Court of the United States

Corporate rights against personal rights of members

Corporate Rights Against Personal Rights Of Members Sec. 41 of the Companies Act, 1956 (Act) defines members as any person who is (1) the subscribers of the memorandum of a company or every other person who agrees in writing to become a member of a company and whose name is entered in its register of… Read More

Tags: Annual General MeetingBoard of directorsBusinessCompanies Act 1956copyrightIndividual and group rightsShareholderSupreme Court

NCLT will take over and re-hear all CLB cases, in which verdicts have been reserved

The advent of the Companies Act 2013, has provided a new lease of life for many judgments which have been reserved by the Company Law Board. Under the Companies Act 2013, National company Law tribunals will be taking over the hearing of all cases related to Company Law. It has come to the notice that… Read More

Tags: Companies ActCompanies Act 1956Companies Act 2013Company Law BoardCorporate Affairs MinistryMadras High CourtNCLTSupreme Court

Accrual Of Income – Supreme Court Lays Down Important Law

CLR Editorial Note The question for consideration in this appeals is whether the benefit of an entitlement to make duty free imports of raw materials obtained by the assessee through advance licences and duty entitlement pass book issued against export obligations is income in the year in which the exports are made or in the year in which… Read More

Tags: AppealGovernmentHigh CourtHonIncome taxMorviSupreme CourtThe Honourable

Section 234D of the IT Act does not apply to assessments prior to June 2003

CLR Editorial Note: This case law refers to a Petition(s) for Special Leave to Appeal which is in respect of retrospectivity of Section 234D of the Income Tax Act, 1961. For the Assessment Year 1998-99, the Assessing Officer passed an assessment order prior to 01st June 2003, in which interest under section 234D was not levied. The assessee… Read More

Tags: AppealCITCommonwealth Law ReportsHigh CourtHonIncome Tax Act 1961Supreme CourtThe Honourable

Bring in the Foreign Investor – Drop the Retrospective Tax

It took the rupee to have a lowest ever fall for the Government to understand that the decision of retrospective amendments to tax was a big blow to the Indian economy. The foreign investor had lost trust in India after seeing the regulatory barriers and was reluctant to do business in India. There are 16… Read More

Tags: Corporate Affairs MinistryEconomy of IndiaFinance ActGovernmentIndiaSecurities and Exchange Board of IndiaSupreme CourtWorld Bank

Commencement Notification CA2013 :: National Company Law Tribunal :: Section 411 :: Qualification of Chairperson and Members of Appellate Tribunal.

Chapter XXVII-National Company Law Tribunal and Appellate Tribunal (407 - 434) Section 411- Qualification of Chairperson and Members of Appellate Tribunal (1) The Chairperson shall be a person who is or has been a Judge of the Supreme Court or the Chief Justice of a High Court. (2) A Judicial Member shall be a person… Read More

Tags: Annual General MeetingAppellate TribunalChairmanCompanies ActCompanyFeedBurnerLawSupreme Court

Commencement Notification CA2013 :: National Company Law Tribunal :: Section 409 :: Qualification of President and Members of Tribunal

Chapter XXVII-National Company Law Tribunal and Appellate Tribunal (407 - 434) Section 409- Qualification of President and Members of Tribunal (1) The President shall be a person who is or has been a Judge of a High Court for five years. (2) A person shall not be qualified for appointment as a Judicial Member unless… Read More

Tags: chartered accountantCompanySecretaryCost accountingGovernment of IndiaIndiaIndustrial Disputes Act 1947Supreme Court

Water Disputes Tribunal

There are 8 no. of Inter-State River Water Disputes  tribunal set up under Inter State River Water Disputes (ISRWD) Act, 1956. Their present status are as follows: S. No Name of Tribunal States concerned Date of constitution Present Status 1. Godavari Water Disputes Tribunal Maharashtra, Andhra Pradesh, Karnataka, Madhya Pradesh & Orissa April, 1969 Award given on July, 1980 2 Krishna… Read More

Tags: Andhra PradeshKarnatakaKrishna Water Disputes TribunalLok SabhaMadhya PradeshMaharashtraSupreme CourtTamil Nadu

Supreme Court™s Comments on CBI

The Supreme Court passed an order dated 08.05.2013 in Writ Petition (Criminal) No.120 of 2012, and WP (Civil) 463 of 2012 to know whether the Central Government intended to put in place appropriate law for the independence of the CBI and its functional autonomy and insulate it from extraneous influence(s) of any kind so that… Read More

Tags: CBIGovernmentGovernment of IndiaMinistry of PersonnelMinistry of Personnel Public Grievances and Pensions (India)Ram JethmalaniSupreme CourtSupreme Court of the United States

Ignorance of Law is an excuse

IGNORANCE OF LAW IS AN EXCUSE SIVADAS CHETTOOR. B.COM FCA LL.M INTRODUCTION :- Law is all pervading. Almost all your actions are regulated by law except a few. We have all sorts of law like personal, family, civil, criminal, revenue, commercial, taxation, public and private international law and so on. Law can be statutory, customary,… Read More

Tags: BlackstoneEnglish lawGovernmentIgnorantia juris non excusatIndiaLawSupreme CourtUnited States

TRAI releases Consultation Paper on Valuation and Reserve Price of Spectrum

The Telecom Regulatory Authority of India (TRAI) has released Consultation Paper on Valuation and Reserve Price of Spectrum. On 10th July 2013 the Department of Telecommunications (DoT) sought the TRAI™s recommendations on the applicable reserve price for the auction of spectrum in 800 MHz, 900 MHz and 1800 MHz bands. In this context, TRAI has… Read More

Tags: Department of TelecommunicationsDoTHertzNew DelhiSupreme CourtTelecom Regulatory Authority of IndiaTRAIValuation

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