Advocate Raji Nathani – Page 50

Consumer Protection Act, 1986 — Limitation period for filing of reply/response to complaint by respondent/opposite party under Ss. 13(2)(a) and (b)

Dec 28, 2021 Advocate Raji Nathani

Law laid down by five-Judge Bench in Hilli, (2020) 5 SCC 757 that limitation mandatorily cannot be extended beyond prescribed period of 45 days (i.e. period of 30 days along…

Constitution of India

— Right to identity under Arts. 21 and 19 – Sanctity of identity and protection of identity of individual is guaranteed under the Constitution

Dec 27, 2021 Advocate Raji Nathani

One is entitled to correction and / or modification of name recorded in the examination certificate and other changes to information contained therein. CBSE examination bye lawsrestricting scope of permissible…

Insolvency and Bankruptcy code 2016

Insolvency and Bankruptcy Code, 2016 —— When can the Residuary power of NCLT under S. 60(5) be exercised

Dec 23, 2021 Advocate Raji Nathani

Held, Considering the text of S. 60(5)(c) and the interpretation of similar provisions in other insolvency related statutes, NCLT has jurisdiction to adjudicate disputes, which arise solely from or which…

Income Tax

Income Tax — Mutuality Doctrine: Applicability and basis of Mutuality Doctrine, explained in detail

Dec 22, 2021 Advocate Raji Nathani

Held, there are three conditions/tests to prove the existence of mutuality: Identity of the contributors to the fund and the recipients from the fund; Treatment of the company, though incorporated…

Criminal Law

Criminal Procedure Code, 1973 — S. 439 — Bail — Whether circumstances had changed sufficiently to warrant grant of bail when successive bail applications were filed upon denial/cancellation of bail on earlier occasions

Dec 16, 2021 Advocate Raji Nathani

Bail was granted by High Court on fourth bail application of accused without assigning any reasons. Accused, main conspirator in crime led to killing of one person. Earlier grant of…

Family and Personal laws

Registration Act, 1908 — Family settlement/compromise, or, settlement/compromise in respect of family property are exempt from compulsory registration

Dec 15, 2021 Advocate Raji Nathani

17(2)(vi) and Ss. 17(1)(b) & (c): Second part of S. 17(2)(vi) which is an exception to the exception carved out by S. 17(2)(vi), and hence to which said second part,…

Penal Code ,1860

Death due to gunshot injury and injuries by knife /sharp weapon and the same is supported by medical evidence. Conviction of three accused persons under Ss. 302/34

Dec 10, 2021 Advocate Raji Nathani

held, The prosecution has been successful in proving the motive. There was a prior long-time enmity between the deceased and the accused A-1. The defense has failed to prove any…

Income Tax

Concealment of income under Ss. 143, 144 and 68 stand dispelled by the proper disclosure of sources of income at penalty proceedings stage

Dec 8, 2021 Advocate Raji Nathani

held- The appellant assessee despite being given sufficient opportunity, failed to prove the correctness and genuineness of his claim. Resultantly the said transactions were assumed as bogus entries (Para 15)…

Evidence Act, 1872

Mental fitness to make dying declaration and relevance of opinion of doctor- FIR as dying declaration under S.32(1) and 45

Dec 7, 2021 Advocate Raji Nathani

The testimony of PW 9 Dr Kothari, shows that Ganeshram was alive when the initial examination was undertaken by PW9 Dr kothari. According to the witness, when he examined Ganeshram,…

Criminal Law

Criminal Procedure Code, 1973 -Determination and payment of compensation as a pre-condition for grant of bail [Ss. 439, 357, 250(1), 372 and 235(2)]

Dec 6, 2021 Advocate Raji Nathani

Held, The objective is clear that in cases of offences against body, compensation to victim should be methodology for redemption. Hence compensation cannot be determined at stage of consideration of…

Author: Advocate Raji Nathani

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