Whether GST Payabale Addtionally If Contract Is Silent ? The issue of whether payments under a contract for a taxable supply include GST or whether GST is payable in addition to the payments continues to crop up periodically. The issue was dealt under the implication of GST Laws in Canada . The question of whether…
Supreme Court of India on Quashing of Proceedings on ground of delay in initiation of criminal proceedings/filing criminal complaint under Artilce 21 of Constitution of India held that While it is true that cases covered by statutory bar of limitation may be liable to be quashed without any further enquiry, cases not covered by statutory…
Supreme Court of India on Passing of judgment on the basis of admission under Order 12 Rule 6 read with Section 11 of Civil Procedure Code, 1908 held the following : CPC is not a mandatory, but discretionary provision. It confers a wide discretion on court to pass a judgment at any stage of suit…
Supreme Court of United States held that Right to counsel guarantees is reasonable competence and not perfect advocacy” Reversing the judgment of the Court of Appeals for Maryland that the defense attorney of the respondent were unconstitutionally ineffective, the SC of US while granting the writ of certiorari held that the defense attorney of the…
Supreme Court on Avoidance of sumons , preventing service of summons and/ or non-attendance in obedience to Summons under Sections 172 to 174 of Indian Penal Code, 1860 held that Person accused of independent offences cannot be exonerated thereof only on ground that he is found to be not guilty of the substantive offence in…
Recently , Prime Minister of India ,Mr Modi , during his trip to Singapore aired that GST is about to roll out in 2016 in India . This was a big statement , amidst various speculations and political changes in the country. The timing of the meeting between existing PM and previous PM ,Mr Manmohan…
Under Section 7, 11(6) and 16(1)(a) & (b) of Arbitration and Conciliation Act, 1996 , Supreme Court had dealt with an issue as to whether with termination of MOU , the arbitration clause therein also becomes null and void or otherwise ? Supreme Court of India held the following : Arbitration clause contained in memorandum…
Supreme Court of India while dealing with an issue where a trademark of the name of a holy book “Ramyana” was atempted to be registered for selling goods namely incense sticks and perfumes ,has ruled that names of gods or holy books cannot be trademarked to sell goods and services, as allowing such a thing…
An analysis of Married Woman’s Property Act,1874 In India, the Married Women’s Property Act was one of the fundamental reforms in the 19th century in respect of married women’s right to property and was the first endeavour of its kind recognising the concept of wife’s “separate property”. The MWP Act was enacted in light of the…
Supreme Court Under Section 105, 108 and 111 of Transfer of Property Act, 1882 held that There is a Rights of lessee even against lessor during subsistence of lease: When lessor was put in possession by lessee as licensee, upon termination of licence, lessor would be a trespasser during subsistence of lease. [Rahul Yadav v….
