Payment Of Earnest Money Towards Purchase Of Land Is Not A Financial Debt: NCLAT Delhi

The National Company Law Appellate Tribunal ("NCLAT") Principal Bench comprising of Justice Ashok Bhushan (Chairperson) and Mr. Naresh Salecha (Technical Member), while adjudicating an appeal filed in S. Chandriah v Sunil Kumar Agarwal & Ors., has held that payment of Earnest Money towards purchase of land is a financial liability but not a 'financial debt' as per the...

CIC Directs PMO To Re-Examine RTI Application Seeking Information On Planning Behind Nationwide Lockdown & COVID-19 Control

The Central Information Commission has directed the Prime Minister's Office to re-examine an RTI application seeking details regarding imposition of nation-wide lockdown on March 24, 2020 on account of Covid-19 pandemic. The information was denied by the Under Secretary, PMO (acting as the Public Information Officer) citing Section 7(9) of the Right to Information Act,...

GSTN Implement Mandatory Mentioning Of HSN Codes In GSTR-1

The Goods and Service Tax Network (GSTN)has notified the implementation of the mandatory mentioning of HSN codes in GSTR-1.According to Notification No. 78/2020 dated October 15, 2020, taxpayers must report a minimum of 4 digits or 6 digits of HSN Code in Table-12 of GSTR-1 based on their Aggregate Annual Turnover (AATO) in the preceding fiscal year. The changes will be implemented in...

Person Born In A Particular Community Can't Be Denied Certificate Sans Enquiry Merely Because His Mother/ Wife Belong To Another Community: Kerala HC

The Kerala High Court on Tuesday held that a person born in a particular community cannot be denied community certificate merely for the reason of change in his residence or because his mother and wife belong to another community.Justice VG Arun opined that to determine the community status of a person, enquiry must be conducted about the caste to which the applicant is born and how he...

Jammu & Kashmir & Ladakh High Court Weekly Round Up: July 18 To July 24, 2022

Judgements/Orders1. Temporary Employees Also Protected Under Article 311 Of Constitution, Cannot Be Terminated Without Conducting Proper Enquiry: J&K&L High Court Case Title: Sanjeev Kumar vs Union Of India Citation: 2022 LiveLaw (JKL) 75 The Jammu and Kashmir and Ladakh High Court today ruled that a temporary employee also stands protected under the provisions...

Cash Deposit Of Firm Can't Be Added To Personal Income Of Partner Without Investigation: ITAT

The Amritsar Bench of the Income Tax Appellate Tribunal (ITAT), consisting of Anikesh Banerjee (Judicial Member) and Dr. M. L. Meena (Accountant Member), has held that the cash deposit of a firm can not be added to the personal income of the partner without investigation. The notice under section 148 of Income Tax Act was issued against the assessee on 15.03.2013. The assessee filed...

Gujarat High Court Weekly Round-Up: July 18 To July 24, 2022

NOMINAL INDEX Sushant Siddhnath Yasu v/s State Of Gujarat 2022 LiveLaw (Guj) 277 Jayeshbhai Jivanbhai Patel v/s Shree Sayan Vibhag Sahakari Khand Udhyog Mandli Ltd & 2 other(s) 2022 LiveLaw (Guj) 278 M/S Mahalaxmi Textiles A Proprietorship Firm Thorugh Its Proprietor Bhartiben Maheshbhai Chevli V/S Syndicate Bank Surat Main Branch 2022 LiveLaw (Guj) 279 M/S Sanganer...

How Will You Protect BPL Students In Self-Financing Colleges Now That Scholarship Has Been Withdrawn? Kerala High Court Asks State

The Kerala High Court last week directed the State government to clarify how a student belonging to the Below Poverty Line category can be asked to pay tuition fees at a self-financing college, even if it was a subsidised rate. Justice Devan Ramachandran also asked the State to respond to how such students can be protected now that they have been stripped of the scholarship scheme that...

Inapplicability Of MOOWR Scheme On Solar Power Generating Units: Delhi High Court Stays SCN Seeking To Revoke MOOWR License

The Delhi High Court bench of Justice Rajiv Shakdher and Justice Vitasta Ganju has stayed the show cause notice issued by the commissioner to revoke the licence under the Manufacturing and Other Operations in Warehouse (no. 2) Regulations, 2019 (MOOWR). The MOOWR Scheme grants a benefit of duty deferment without any interest on capital goods and inputs imported by a person holding...

Mere Regulation Of A Body By A Statute Does Not Mean That The Body Is Discharging 'Public Function': Delhi High Court

The Delhi High Court has reiterated that merely because a body is obligated to comply with various statutory requirements, that cannot be conclusive to answer the question of whether it is discharging a public function.Justice Yashwant Varma observed,"The fact that the cooperative society is registered under the Act or that the Byelaws or the procedure of elections owe their genesis to the...

Inspection Report Does Not Fulfil The Ingredients Of Proper Show-Cause Notice: Jharkhand High Court

The Jharkhand High Court has held that the inspection report does not fulfil the ingredients of a proper show-cause notice; it amounts to a violation of principles of natural justice.The division bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has observed that the adjudication order is null and void in the eye of the law if it is passed without the issuance of...

Industrial Disputes Act Is Social Welfare Legislation: Gujarat High Court Directs Labour Court To Re-Examine Order Refusing 'Interest' To Workers

While reiterating that Courts have a duty to interpret statutes with social welfare to further the statutory goal, the Gujarat High Court has directed the Labour Court at Jamnagar to re-examine the issue of awarding interest to the Petitioner workmen. The Petitioners had submitted that there is no discussion on the issue as to why the interest was not awarded to them.Justice Biren...