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Feb 135 min read
Karnataka High Court on PMLA Search & Seizure: Procedural Safeguards v. Investigative Powers
Karnataka HC rules on PMLA’s procedural safeguards, questioning the legality of search, seizure, and repeated summons by ED.
Feb 78 min read
Literal v. Purposive Interpretation of Statutes: The Supreme Court, in a 2:1 Majority, Upholds Literal Interpretation of Section 31(4) of the IBC, With Dissent Favouring a Purposive Approach
A Supreme Court ruling reignites the debate on literal vs. purposive statutory interpretation, shaping the future of insolvency law.
Jan 314 min read
Strict Interpretation of Section 101 of the IBC: NCLAT Says No Scope for Extending Moratorium Beyond 180 Days
NCLAT rules that the moratorium under Section 101 of the Insolvency and Bankruptcy Code is mandatory and cannot exceed 180 days.
Jan 285 min read
Delhi High Court on the Proportionality of Penalties Under Section 129 of the CGST Act
Delhi HC affirms proportionality in GST penalties, ruling that minor e-way bill lapses shouldn’t attract severe fines under Section 129.
Jan 274 min read
Supreme Court Reiterates — Not All Provocation Will Reduce The Crime Of Murder To Culpable Homicide
The SC explains the conditions for applying the exception of grave and sudden provocation under s. 300 of the IPC in homicide cases.
Jan 254 min read
Property Attachment under PMLA: Appellate Tribunal Clarifies that Ownership and Possession Remain Unaltered
Can property attachment under PMLA affect ownership and possession? The Appellate Tribunal weighs in on this crucial legal question.
Jan 244 min read
Supreme Court Clarifies Maintenance Rights Over Marital Obligation
The SC clarifies that a wife’s right to maintenance under s. 125 of the CrPC is not negated by a restitution decree in the husband's favour.
Jan 204 min read
[Delhi HC] Delayed Adjudication under Customs Act Results in Violation of Principles of Natural Justice
A pivotal Delhi HC ruling underscores that prolonged adjudication delays in customs cases breach the principles of natural justice.
Jan 183 min read
Supreme Court Clarifies Impact of Minor Discrepancies in Witness Testimony on Criminal Trials
The SC clarifies that minor contradictions in witness testimony do not undermine the prosecution's case if overall evidence is reliable.
Jan 185 min read
Supreme Court Clarifies Share Capital Reduction as a ‘Transfer’ Under the Income Tax Act
The Supreme Court rules that share capital reduction qualifies as a ‘transfer’ under tax law, impacting capital gains taxation.
Jan 163 min read
Supreme Court: Sanction Orders and Procedural Justice in Anti-Corruption Trials
The Supreme Court clarifies the validity of sanction orders under the Prevention of Corruption Act and their impact on justice and fairness.
Jan 34 min read
Delhi High Court Invalidates Arrest Over Procedural Violations Under the CGST Act
Delhi High Court rules arrest under CGST Act illegal due to failure to provide written grounds of arrest, violating statutory safeguards.
Jan 25 min read
Bombay High Court Quashes Reassessment Proceedings Due to Lack of New Evidence
The Bombay High Court quashes reassessment proceedings, highlighting that reopening assessments without fresh evidence is unlawful.
Jan 1, 20253 min read
Judicial Interpretation of Long-Term Capital Gain Exemption and MAT Computation under IT Act
This case clarifies the interplay between LTCG exemptions under Section 10(38) and MAT computations under Section 115JB of the IT Act.
Jan 1, 20255 min read
UK Supreme Court’s Stance on Freedom of Contract and Force Majeure: Clarifying ‘Reasonable Endeavour’ in Force Majeure Clauses
The UK Supreme Court clarifies the limits of 'reasonable endeavours' in force majeure clauses, balancing freedom of contract and certainty.
Dec 31, 20244 min read
Supreme Court’s Interpretation of Financial Debt under the IBC
The Supreme Court clarifies financial debt under the IBC, recognising obligations in a Deed of Hypothecation as enforceable guarantees.
Dec 31, 20245 min read
Delhi ITAT Clarifies on Taxability of Digital Services Under the India-Singapore DTAA
Delhi ITAT rules that digital service receipts under the India-Singapore DTAA are not ‘royalty’ or ‘FTS’, offering clarity on taxability.
Dec 31, 20245 min read
India-US DTAA: Delhi High Court on ‘Preparatory’ and ‘Auxiliary’ Activities Under Article 5
Delhi HC clarifies the scope of ‘preparatory’ and ‘auxiliary’ activities under the India-US DTAA, focusing on Permanent Establishments.
Dec 30, 20244 min read
Permanent Establishment or Misconception? ITAT Clarifies the 120-Day Rule
Does the 120-day rule always create a Permanent Establishment? ITAT clarifies the criteria for taxation under the India-USA DTAA.
Dec 28, 20243 min read
Supreme Court on Section 195 of the CrPC: Applicability Limited to Judicial Courts, Not Tribunals
The Supreme Court clarified that private complaints for false declarations in quasi-judicial forums aren't barred by section 195 of the CrPC