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The Legal Affair

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Author: roshni.parwani

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  • Retail sale to claim assessment benefits under Section 4A of Central Excise Act: Supreme Court
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22/03/2023, 3 years ago

Retail sale to claim assessment benefits under Section 4A of Central Excise Act: Supreme Court

“For a sale of goods to qualify for assessment benefits under Section 4(A) of the Act, it must be a retail sale, and there must be a mandate of law that directs the seller to affix a retail price on the goods for a sale to be considered a retail sale. Mere affixation of MRP […]

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22/03/2023, 3 years ago

Clause 4 of Schedule III of SEBI Stock Broker Regulations not applicable on fee paid by Director: Supreme Court

The Supreme Court while hearing the case of  GPSK Capital Private Limited (Formerly Known as Mantri Finance Limited) v The Securities and Exchange Board Of India has upheld SEBI’s decision not to grant exemption to a corporate entity from payment of fees under Clause 4 of Schedule III of SEBI (Stock-Brokers and Sub-Brokers) Regulations 1992, […]

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22/03/2023, 3 years ago

Compromise between accused and complainant cannot be a ground to quash case under POCSO Act: Allahabad High Court 

The Allahabad High Court in the case of Om Prakash v State observed that cases involving heinous offences such as rape and molestation of minors under the Protection of Children from Sexual Offences (POCSO) Act, 2012, cannot be quashed merely because the accused and complainant have entered into a compromise. The present case revolves around […]

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22/03/2023, 3 years ago

The notion that only males child would assist parents in old age should be disregarded: SC

The Supreme Court in the case of Sundar Sundarrajan v. State by Inspector of Police has given advisory to courts to refrain from using patriarchal remarks in judgments. “It does not and should not matter for a constitutional court whether the young child was a male child or a female child. The murder remains equally tragic. […]

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22/03/2023, 3 years ago

Additional qualification to UGC’s minimum qualification for teaching post is not unconstitutional: Kerala HC

The Kerala HC while upholding the Constitutional validity of Section 45A of the Kerala University of Fisheries and Ocean Studies Act, 2010 (KUFOS Act), in the case of Dr Usha V. Parameswaran and Others V. State of Kerala and Others, also noted that the qualifications for teaching posts prescribed in addition to the UGC Regulations […]

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22/03/2023, 3 years ago

Bombay HC rules for daughter’s right in the family property in case dowry is given

The Bombay High Court in the case of Terezinha Martins David vs Miguel Guarda Rosario Martins while dismissing the argument of a family led by four brothers and a mother that since the four daughters were given some dowry at the time of their wedding, they cannot claim any right in the family’s properties. held […]

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21/03/2023, 3 years ago

“Duty Allowance”, home guards are entitled under Minimum pay of Police Personnel: SC to Odisha Government 

The Supreme Court in the case of Prakash Kumar Jena And Ors. v. State of Odisha And Ors, observed that “the issue of whether the Home Guards working in the State are entitled to Duty Allowance as per the minimum amount of pay to which the police personnel in the State are entitled is settled […]

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21/03/2023, 3 years ago

State Board employees can’t be considered as State Government Employees: Supreme Court

 Supreme Court in the case of State of Orissa v Orissa Khadi and Village Industries Board Karmachari Sangh observed “Even when the State has established the Board to carry out its obligations in terms of Article 43 of the Constitution of India, it cannot follow as a corollary that the employees of this body corporate […]

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21/03/2023, 3 years ago

High speed driving solely does not constitute to the offence of rash and negligent driving: Bombay HC 

The Bombay High Court in the case of  State of Maharashtra v. Kuldeep Pawar observed that driving at high speed alone will not attract the offence of rash and negligent driving and said that to constitute this offence two components are needed i.e. rashness and negligence. The act will be punishable only if the driving […]

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