Category: Judgments

Gratuitous passengers-Insurance claim pay and recover principle. Insurance Company first to pay award to victims then recover it from vehicle’s owner-SC

Gratuitous passengers-Insurance claim pay and recover principle. Insurance  Company first to pay award to victims then recover it from vehicle’s owner-Supreme Court ABCAUS Case Law Citation: ABCAUS 1136 (2017) (02) SC Question for determination: Whether the appellants were entitled for an order against the Insurer of the offending …

Permanent injunction decree against judgment debtors legal representatives is executable. Maxim actio personalis moritur cum persona not applicable-SC

Permanent injunction decree against judgment debtors legal representatives is executable. Maxim actio personalis moritur cum persona not applicable-SC ABCAUS Case Law Citation: ABCAUS 1135 (2017) (02) SC Question involved: The question involved in the matter was executability of decree for permanent injunction against the legal representatives of judgment-debtor …

Non striking off clause in penalty notice u/s 271(1)(c) do not invalidate it. ITAT deviates from the Judgment of Karnataka High Court follows jurisdictional High Court

Non striking off clause in penalty notice u/s 271(1)(c) do not invalidate it. ITAT deviates from the Judgment of Karnataka High Court follows jurisdictional High Court In a recent judgment, ITAT Mumbai has upheld the penalty u/s 271(1)(c) dismissing the contention of the assessee regarding not striking off …

Absence of dissolution clause-Registration 12AA can not be denied to a charitable Trust for no specific clause in the Trust deed

Absence of dissolution clause-Registration 12AA can not be denied to a charitable Trust for no specific clause in the Trust deed prohibiting trustee on asset distribution among themselves ABCAUS Case Law Citation: ABCAUS 1133 (2017) (02) ITAT Date/Month of Pronouncement: February, 2017 Important Case Laws Cited/relied upon: Rama …

Tenant eviction-Landlord to establish only reasonable requirement which should be a genuine need and not simple desire – Supreme Court

Tenant eviction-Landlord to establish only reasonable requirement which should be a genuine need and not simple desire – Supreme Court The eviction of the tenant from the rented house/shop (property) has always given rise to controversies. One of the common clause in almost all the Rent Control Acts …

CA guilty of misconduct-director of companies without permission, operating bank accounts actively involved in daily operation.

CA guilty of misconduct-director of companies without permission, operating bank accounts actively involved in the day to day operations. ABCAUS Case Law Citation: ABCAUS 1130 (2017) (02) HC Brief Facts of the Case: The instant Reference under Section 21(5) of the Chartered Accountants Act, 1949 was made by …

Reopening us 147 on the basis of cash deposits in bank invalid as there was no basis to form reason that cash deposits represented assessee’s income – ITAT

Reopening us 147 on the basis of cash deposits in bank invalid as there was no basis to form reason that cash deposits represented income of the assessee – ITAT ABCAUS Case Law Citation: ABCAUS 1128 (2017) (02) ITAT Assessment Year : 2008-09 Date/Month of Pronouncement: February, 2017 …