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Tag Archives: 2016
Online subscription income can be treated as business income: ITAT
The Income Tax Appellate Tribunal (ITAT) recently held that income from online subscription services can be treated as business income and not be taxed as royalty or fee for technical services in all cases. ITAT Mumbai Bench said that for … Continue reading
Posted in Company Law, Consumer Law, Contract Law, General Law, Income Tax Law, International Law, Securities Law
Tagged 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, Act, advocate, agreement, amendment, appeal, appellate, article, assessee, authority, avoidance, bill, business, code, complaint, court, criminal, database, delhi, dhingra, double, dsl, dslegal, dslegal.com, DTAA, fee, firm, foreign, fts, germany, government, high court, hindustan, human, income, india, information, ITAT, law, mrityunjay, mumbai, offence, online, penalty, procedure, property, royalts, rules, service, singh, skilled, subscribers, subscription, supreme, tax, technical, USA
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Winding up of companies fall within the exclusive jurisdiction of NCLT: NCLAT
The National Company Law Appellate Tribunal (NCLAT) reiterated that dispute relating to oppressional mismanagement and cases where winding up of companies may be required fall within the exclusive jurisdiction of National Company Law Tribunal and cannot be referred to arbitration. … Continue reading
Posted in Arbitration Conciliation Law, Company Law, Consumer Law, Contract Law, General Law, International Law, mediation
Tagged 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 271(e), Act, advocate, agreement, amendment, appeal, appellate, arbitration, article, authority, code, company, complaint, court, criminal, delhi, dhingra, dsl, dslegal, exclusive, firm, foreign, government, high court, hindustan, india, information, jurisdiction, law, mrityunjay, national, nclat, nclt, penalty, procedure, property, rules, section242, singh, supreme, tribunal, USA, vijayvergiya, winding
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Arbitration clause has no existence in an unstamped agreement: SC
The Supreme Court of India recently held that an arbitration clause has no existence until the contract containing the arbitration clause is duly stamped. “When an arbitration clause is contained “in a contract”, it is significant that the agreement only … Continue reading
Posted in Administrative Law, Arbitration Conciliation Law, Consumer Law, Contract Law, General Law, International Law
Tagged 2013, 2014, 2015, 2016, 2017, 2018, 2019, Act, advocate, agreement, amendment, appeal, appellate, arbitration, article, authority, code, complaint, court, delhi, dhingra, dsl, dslegal, dslegal.com, existence, firm, foreign, government, high court, hindustan, india, information, law, mrityunjay, procedure, rules, section11, singh, stamp.duty, supreme, USA, vijayvergiya
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Part sale consideration or stamp duty can’t be sole criteria to hold transaction as benami: SC
The Supreme Court of India recently reiterated that the payment of part sale consideration or stamp duty by another person cannot be the sole criteria to hold the sale transaction as benami. After a review of plethora of case law, … Continue reading
Posted in Banking Law, Company Law, Consumer Law, Contract Law, Evidence Law, Family Law, General Law, Real Estate, Registration & Stamp Law
Tagged 2012, 2014, 2015, 2016, 2017, 2018, 2019, Act, advocate, agreement, amendment, ancestral, appeal, appellate, article, authority, benami, bill, children, code, complaint, consideration, constitution, court, criminal, delhi, dhingra, dsl, dslegal, dslegal.com, duty, firm, government, high court, hindustan, india, law, mrityunjay, offence, part, penalty, procedure, property, purchase, rules, sale, singh, stamp, supreme, transaction, vijayvergiya, wife
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Guidance clarifying Federal controlled substances law issued: USCIS
USCIS has issued policy guidance in the USCIS Policy Manual to clarify that violations of federal controlled substance law, including violations involving marijuana, are generally a bar to establishing good moral character for naturalization, even where that conduct would not … Continue reading
Posted in Administrative Law, Criminal Law, Drugs Law, Evidence Law, Immigration, india immigration law, International Law, Notifications/Publications/Circulars, US Immigration Law
Tagged 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, Act, advocate, amendment, appeal, appellate, article, authority, bill, character, citizenship, code, columbia, complaint, constitution, controlled, court, criminal, delhi, dhingra, dsl, dslegal, dslegal.com, federal, firm, foreign, gmc, good, government, guidance, high court, hindustan, immigration, india, information, law, manual, marijuana, medical, moral, mrityunjay, naturalization, offence, penalty, policy, procedure, property, rules, singh, substances, supreme, USA, USCIS, vijayvergiya
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Parties should seek remedies under Arbitration Act: BHC
The Bombay High Court recently held that when remedies are available to a party seeking an injunction under the Arbitration and Conciliation Act, 1996 (“Act”), an anti-arbitration injunction cannot be obtained to circumvent provisions of the Act. A three judge … Continue reading
Posted in Arbitration Conciliation Law, International Law, mediation
Tagged 1996, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, Act, adr, advocate, agreement, amendment, appeal, appellate, arbitration, article, authority, bill, bombay, code, complaint, conciliation, court, criminal, delhi, dhingra, dsl, dslegal, dslegal.com, firm, foreign, government, high court, hindustan, india, information, injunction, jurisdiction, law, mediation, mrityunjay, mumbai, party, penalty, procedure, property, remedy, rules, section34, section37, singh, supreme, USA, vijayvergiya
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Review petition maintainable before High Court: SC
The Supreme Court of India clarified that a review petition is maintainable before the High Court seeking review of a judgment against which the special leave petition has already been dismissed by the Supreme Court in limine. A Large (three) … Continue reading
Posted in Administrative Law, Constitution Law, General Law
Tagged 2013, 2014, 2015, 2016, 2017, 2018, 2019, Act, amendment, appeal, appellate, article136, authority, bench, bill, bombay, code, constitution, court, criminal, delhi, dhingra, dsl, dslegal, dslegal.com, firm, foreign, government, high court, hindustan, india, information, law, leave, limine, mrityunjay, penalty, petition, procedure, review, rules, singh, slp, special, supreme, vijayvergiya
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Arbitrator to be replaced as per agreement between parties: SC
Setting aside an arbitral award under Article 142 of the Constitution of India, the Supreme Court of India recently held that the courts cannot replace the arbitrator in deviation of the terms of the agreement between the parties The Court … Continue reading
Posted in Administrative Law, Arbitration Conciliation Law, Consumer Law, Contract Law, General Law, International Law, mediation
Tagged 2013, 2014, 2015, 2016, 2017, 2018, 2019, Act, advocate, agreement, amendment, appeal, appellate, arbitrator, article142, authority, bill, code, complaint, court, delhi, dhingra, dsl, dslegal, dslegal.com, firm, foreign, government, high court, hindustan, india, law, mrityunjay, procedure, replace, rules, singh, supreme, USA, vijayvergiya
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Special allowances not part of basic wages: SC
The Supreme Court of India recently clarified that the special allowances paid by an employer to its employees would not fall within the expression ‘basic wages’ for computation of deduction towards the provident fund if the payment have a direct … Continue reading
Posted in Administrative Law, Company Law, Contract Law, Employment Law, General Law
Tagged 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, Act, advocate, agreement, allowances, amendment, article, authority, basic, bill, code, complaint, computation, criminal, deduction, delhi, dhingra, dslegal, dslegal.com, employee, employer, epf, firm, fund, government, high court, hindustan, india, labour, law, mrityunjay, penalty, procedure, property, provident, rules, school, singh, special, supreme, vijayvergiya, wage, work
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Dhingra & Singh 