According to Section 9 (1)(i) of the Income Tax Act of 1961, “all income accruing or arising, whether directly or indirectly, through or from any business connection in India, or through or from any property in India, or through or from any asset or source of income in India or through the transfer of a capital…
View detailsDEFININGOPPRESSION- The unfair exercise of authority or power against the permission of the other person is known as oppression. The term ‘oppression’ is defined as ‘the act or instance of wrongfully exerting power,’ according to the Black Law Dictionary. It can also be defined as an act or occurrence of oppression, as well as the…
View detailsCITATION – (2020) 5 SCC 1 BRIEF FACTS OF THE CASE This case i.e. Sushila Aggarwal v. State of NCT of Delhi arises from the final judgment and order in Neetu Aggarwal v. State , the case pertains to the year 2012, and brief facts of the case was that the Petitioner i.e. Neetu Aggarwal being the second wife of…
View detailsINTRODUCTION Dowry death is defined in section 304B of the Indian Penal Code, 1860. Also Section 113B of the Indian Evidence Act, 1872 states the presumption as to dowry death.Dowry DeathSection 304B of the IPC states that if a women dies within 7 years of marriage by any burns or bodily injury or it was…
View detailsINTRODUCTIONIt is not possible to define the word “tribunal” scientifically. In general, ‘tribunal’ is an administrative body which exercise the power of adjudication, but it is not accepted as an appendage of government department. Tribunal should be regarded as machinery provided by Parliament for adjudication rather than as part of machinery of administration.As regards the…
View detailsDifference between guarantee and indemnity The case is based on a contractual clause of assurance – as with regard to clause (2) of the bond agreement between Ranjit Singh and Punjab National Bank Ltd. Therefore, the legal relationships between the parties correspond to that of the events in a contract of guarantee. Clause (2) (of the bond agreement between Ranjit Singh and Punjab National Bank Ltd.) states that; …
View detailsINTRODUCTION A two-judge bench of The Supreme Court of India (‘SC’), on 5th December, 2018 res olved the conflict of jurisdiction between Competition Commission of India (‘CCI’) a ndTRAI and the interplay of roles of the two regulators. CCI is a sector-agnostic regul ator authorised to “promote and sustain competition in markets of India”. Whereas, T RAI is sector…
View detailsCITATION – 2020 (13) SCALE 443 JUDGES 1. Justices L Nageswara Rao, 2. S Ravindra Bhat, and 3. Hemant Gupta INTRODUCTION The President of India on 4th April 2021 promulgated an Ordinance, on the recommendations of the Central Government, while exercising its powers under Article 123 of the Indian Constitution because, even though the bill was tabled in the Lok Sabha…
View detailsCITATION – [2019] 7 SCR 522 FACTS The dispute arose out of a contract between the parties for construction of a four-lane bypass on a National Highway in the State of Madhya Pradesh. The appellant, Ssangyong Engineering, was to be compensated under the contract for inflation in prices of components to be used in construction of the highway.…
View detailsCITATION – (2020) 8 SCC 531 INTRODUCTION The Essar Steel Case is a landmark judgment in the arena of Insolvency & Bankruptcy Law, which decided the supremacy of the financial creditors in the Committee of Creditors in cases of distribution of claims. It is one of the oldest cases going under the IBC process which lasted for approximately…
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