Tag Archives: legislature

Appellate court has power to stay conviction under CrPC: SC

The Supreme Court of India has clarified that an appellate court has power to stay conviction under Code of Criminal Procedure and upon such stay, disqualification of a member of Parliament or State legislature under Representation of the People Act … Continue reading

Posted in Criminal Law, crpc, Evidence Law, General Law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Parliamentary Standing Committee reports can be relied on during court proceedings: SC

In an important ruling, the Supreme Court of India ruled that the reports of the Parliamentary Standing Committee can be relied on during the court proceedings but added that these reports cannot be challenged in the courts because of parliamentary … Continue reading

Posted in Administrative Law, Constitution Law, Consumer Law, Criminal Law, Drugs Law, Evidence Law, General Law, International Law, patent law, TRIPS | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

IPAB members’ appointment provisions unconstitutional: MHC

In a recent ruling, the Madras High Court struck down provisions of Intellectual Property Appellate Board appointments under the Trademarks Act as unconstitutional citing the violation of separation of powers and independence of judiciary by the government. The Court was … Continue reading

Posted in Administrative Law, Constitution Law, Intellectual Property Law, International Law, patent law, Trade Law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Proviso to Sec 113 IT Act retrospective in nature: SC

In a very important ruling regarding levy of surcharge on block assessment of income, the Supreme Court of India ruled that the proviso to Section 113 of the Income Tax Act imposing surcharge shall not have a retrospective affect. “…….. … Continue reading

Posted in Banking Law, Income Tax Law, International Law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

UP Lokayukta and Up-Lokayuktas (Amendment) Act, 2012 constitutional: SC

A Large Bench of the Supreme Court of India upheld the constitutional validity of the Uttar Pradesh Lokayukta and Up-Lokayuktas (Amendment) Act, 2012 (“Act”) against allegations of non-compliance with the constitutional procedure for passing a Bill. The Government of the … Continue reading

Posted in Civil Law, Constitution Law, Election Law, General Law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Offence under Companies Act permissible to be compounded by Company Law Board: SC

The Supreme Court of India clarified that an offence committed by an accused under the Companies Act (“Act”), not being an offence punishable with imprisonment only or imprisonment and also with fine, is permissible to be compounded by the Company … Continue reading

Posted in Company Law, Criminal Law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment