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Searching Content indexed under Litigation, Mediation & Arbitration by Vaish Associates Advocates ordered by Published Date Descending.
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1
Filing Of Supplementary Complaint Based On Further Investigation
R. Subramanian v. The Assistant Director, Directorate of Enforcement Decided by the High Court of Madras reported at MANU/TN/5918/2018
India
 
10 Oct 2019
2
Independence Of Proceedings Of Special Courts And Enforcement Authorities Under PMLA
In fact it is in anticipation of prosecution that attachment proceedings are initiated.
India
 
10 Oct 2019
3
Jurisdiction Determined As Per Section 42 And The Doctrine Of Forum Conveniens
The notice to show cause under Section 8 of the Act had been issued by the Adjudicating Authority, based in Delhi.
India
 
10 Oct 2019
4
Bail Grant Under Section 45(1) Of PMLA
The High Court of Madhya Pradesh held that the applicant was duly cooperating with the investigation and no prayer was made to arrest him during the investigation.
India
8 Oct 2019
5
Bail Granted To Accused Following The Decision Rendering Twin Conditions Under Section 45 Of PMLA Unconstitutional
In the FIR both the petitioners were on bail and charge-sheet was filed without arrest.
India
8 Oct 2019
6
Bail In FIR Under Sections 120-B/384 IPC And Section 8 Of The Prevention Of Corruption Act
The petitioner demanded huge money to settle the matter with the Income Tax department and to avoid adverse media reporting.
India
8 Oct 2019
7
Perjury, False Claim & False Prosecution In A Case, Section 209 Of IPC & Section 340 Of The Cr.P.C.
The principles relating to Perjury, False Claim & False Prosecution in a judicial proceeding and its consequences under Section 209 of the Indian Penal Code & Section 340 of the Criminal Procedure Code ...
India
28 Aug 2019
8
Financial Assistance By Father & Benami Transaction
The Hon'ble Supreme Court of India in a recent judgment dated 9th April 2019, passed in the case of P. Leelavathi (D) by L.R.s vs. V. Shankarnarayana Rao (D) by L.R.s bearing Civil Appeal No. 1099 of 2008, ...
India
22 Aug 2019
9
Between The Lines... August 2019
The Supreme Court of India in the case of Adani Power (Mundra) Limited v. Gujarat Electricity Regulatory Commission (decided on July 2, 2019) held that courts can imply terms in a contract only when literal interpretation fails, ...
India
22 Aug 2019
10
Between The Lines... July 2019
NCLAT approves the resolution plan submitted by ArcelorMittal in the resolution proceedings in respect of Essar Steel India Limited while modifying the distribution of money to the financial and the operational creditors.
India
24 Jul 2019
11
Essence Of A Benami Transaction
The essence of a benami is the intention of the party or parties concerned; and not un-often such intention is shrouded in a thick veil which cannot be easily pierced through.
India
19 Jul 2019
12
How To Treat A Transaction As Benami?
The Hon'ble High Court of Allahabad in the case of Prakash Narain vs. CIT/CWT(1 [1981] 6 Taxman 159 (All)] has held that for determining a particular transaction as benami, following criteria should be fulfilled:-
India
19 Jul 2019
13
Test For Deciding, Whether A Transation Is Benami Or Not?
The Hon'ble Supreme Court of India in the case of Bhim Singh vs. Kaan Singh AIR 1980 (SC), laid down the following principles for deciding whether a transaction is benami or not:-
India
19 Jul 2019
14
Relevance Of Intention In Benami Transaction
The Hon'ble High Court of Madras in the case of First ITO vs. MR Dhanalakshmi Ammal 1978 ITR 413 held that the true test to determine whether the transaction is benami or not is to look into the intention of the parties ...
India
19 Jul 2019
15
Sessions Trial: Discharge Of The Accuses & Framing Of Charges
When pursuant to a commitment of the case under Section 209 of the Code of Criminal Procedure, 1973 (Cr.P.C.) the accused is brought before the Court of Session the prosecutor has to open his case by describing the ...
India
19 Jul 2019
16
Admissibility & Evidentiary Value of Electronic Records
This need to change has been very well recognized by the courts as well as the legislature in India.
India
12 Jul 2019
17
Evidentiary Value Of Bank Records
Section 34 of the Indian Evidence Act 1872 elucidates that books of accounts, including Bank records, which are maintained in the daily course of business in electronic form or otherwise are relevant ...
India
9 Jul 2019
18
Court Orders Continuance Of Stem Cell Treatment In The Interim Till New Regulatory Approvals Are Procured
Regulatory uncertainty concerning stem cell treatment in India has been a polarizing issue.
India
26 Jun 2019
19
Process Of Attachment Of Benami Property And Its Adjudication Under Benami Transactions (Prohibition) Amendment Act, 2016
Process Of Attachment Of Benami Property And Its Adjudication Under Benami Transactions (Prohibition) Amendment Act, 2016
India
13 Jun 2019
20
Quantum Of Punitive Damages In IPR Disputes
Indian Jurisprudence pertaining to the Quantum of damages in cases of IPR disputes has been uncertain for a very long time.
India
7 Jun 2019
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