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NCLT: Corporate Governance Safeguards Under Section 388B of the Companies Act, 1956
A landmark NCLT Hyderabad judgement examines corporate fraud claims and disqualifications under Section 388B of the Companies Act, 1956.
Dec 19, 20244 min read
Due Process & Arbitrary Detention: Delhi HC Examines the Boundaries of Arrest Powers Under PMLA
Delhi HC rules on PMLA arrest safeguards, reaffirming procedural compliance, judicial oversight & necessity in financial crime cases.
Dec 19, 20247 min read
Fate of Decree Holders under IBC: Bombay High Court Upholds Finality of Approved Resolution Plan over Enforceability of Decree
Decree Holders' claims under IBC are subject to the resolution plan's finality, ensuring extinguishment of unaddressed pre-approval dues.
Dec 16, 20244 min read
Preponderance of Probability v. Mere Suspicion: Delhi High Court Reaffirms the Need for Concrete Evidence in Clandestine Removal Allegations
Delhi HC emphasises that credible evidence, not mere suspicion, is required to prove clandestine removal in excise duty cases.
Dec 16, 20244 min read
[Punjab & Haryana HC] Special Courts, PMLA Must Exercise Judicial Independence, Not Act as Extensions of the Enforcement Directorate
The High Court ruled that PMLA courts must act independently and cannot permit ED custody without sound legal justification.
Dec 16, 20243 min read
CCI Orders Probe into Google’s RMG Practices for Prima Facie Competition Law Violations
CCI orders probe into Google’s RMG policies for prima facie abuse of dominance, citing market exclusion and discriminatory ad restrictions.
Dec 16, 20245 min read
Delhi High Court: Fund Collection Alone Does Not Constitute Proceeds of Crime, Grants Bail
Delhi High Court grants bail under PMLA, ruling that fund collection without links to a scheduled offence isn't proceeds of crime.
Dec 16, 20244 min read
Investor Protection v. Regulatory Balance: Bombay High Court Upholds SEBI’s Delisting Regulations Under IBC
The Bombay High Court affirms the IBC’s primacy over SEBI rules, balancing delisting regulations with insolvency resolution objectives.
Dec 14, 20245 min read
Personal Guarantors in CIRP: NCLAT Explains that Guarantors’ Eligibility as Financial Creditors Under IBC is Conditional on Debt Discharge
Personal guarantors can claim creditor rights in CIRP only after discharging liabilities, ensuring fair voting rights for secured creditors.
Dec 12, 20244 min read
Delhi High Court Quashes Reassessment: Upholds Statutory Time Limits in Tax Cases
The Delhi HC quashes reassessment notices, reinforcing statutory time limits under the Income-tax Act and clarifying procedural safeguards.
Dec 12, 20243 min read
Jurisdictional Integrity in GST Investigations: Karnataka High Court Quashes Proceedings Based on Improper Officer Actions
The Karnataka High Court voided GST proceedings, citing jurisdictional lapses and improper officer actions, reinforcing procedural integrity
Dec 9, 20244 min read
Presumption of Guilt: Supreme Court Restores Conviction in Corruption Case under Prevention of Corruption Act
The SC restores conviction in a bribery case, reinforcing evidentiary standards and accountability under the Prevention of Corruption Act.
Dec 7, 20244 min read
Taxation of Virtual Digital Assets: ITAT Holds Bitcoin Gains to be Taxed as Capital Assets
ITAT rules Bitcoin gains as capital assets, taxable under capital gains, not other income, pre-A.Y. 2022-23.
Dec 6, 20244 min read
Comprehensive v. Partial Dispute Resolution: Delhi High Court Restricts the Scope of Settlement under the DTVSV Act
Delhi High Court upholds taxpayer rights under the DTVSV Act, clarifying the autonomy to settle specific disputes without Revenue compulsion
Dec 3, 20244 min read
Prolonged Incarceration Addressed: Calcutta HC Grants Bail in PMLA Case
Highlighting Article 21 of the Constitution, the Calcutta HC granted bail to a petitioner, balancing rights with alleged PMLA violations.
Dec 2, 20242 min read
Delhi HC: Judicial Analysis of Interplay Between Sections 153C and 147 in Tax Reassessment
Delhi HC clarifies interplay between ss. 153C and 147, ensuring reassessment integrity while balancing procedural and jurisdictional powers.
Nov 30, 20244 min read
Supreme Court Clarifies the Scope of Section 195 of the CrPC While Preventing Erosion of Public Trust
The Supreme Court reaffirms judicial accountability by clarifying procedural bars under Section 195 CrPC, ensuring trust in justice.
Nov 30, 20243 min read
Cyber Fraud and Bank Liability: Delhi HC Ruling on RBI Consumer Protection
Delhi High Court clarifies banks’ liability in cyber fraud cases, reinforcing RBI’s consumer protection framework against digital scams.
Nov 30, 20246 min read
Assessing Officer’s Duty to Conduct an Independent Inquiry: ITAT Clarifies the Burden of Proof under Section 68 of the Income-Tax Act
ITAT highlights the importance of evidence over procedural lapses, clarifying the Assessing Officer's duty under s. 68 of the Income-Tax Act
Nov 30, 20244 min read
Jail is the Exception: Delhi High Court Reaffirms Article 21 in Granting Bail Under PMLA
The Delhi HC grants bail under PMLA, stressing a. 21 rights and balancing stringent bail conditions with trial delays and liberty concerns.
Nov 30, 20245 min read