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--------------- Print Magazine --------------
 
  May 2016
 
  April 2016
 
 
 
 
 
LEGAL SNIPPETS

. When there is a labour dispute in a Central Government undertaking, the State Government of the State where it is situated can refer the issues to a labour court there according to its law. It is not essential that the Central Government should refer it according to the Industrial Disputes Act, the Central Law; the Supreme Court stated when a dispute arose between the workers of the Hindustan Aeronautics Ltd. (HAL) in Nashik, Maharashtra, and the central undertaking.

. Though the sales tax authorities have the power to extend the date for filing returns, the extension should be done before the expiry of the deadline, the Supreme Court has stated in a large batch of appeals State of Punjab v. Shreyans Industries Ltd.

. The Supreme Court set aside the judgment of the Gauhati High Court and asked the Trial Court to reconsider the two-decade old claim of Bharat Hydro Power Corporation Ltd against the Assam government with respect to the expenses incurred on the Karbi Lanagpl project till 1994.

. The Gauhati High Court has held that in a cheque bounce case under section 138 of the Negotiable Instruments Act, a partnership firm can be considered as a legal entity like a company and the offence can be punished accordingly.

. Companies whose Managing Director, or Wholetime Director, has crossed the age of 70 will need shareholders' approval for re-appointment. The Bombay High Court recently ruled that a Managing Director and a Wholetime Director who crossed 70 will be automatically disqualified and companies will have to call a general meeting of shareholders to pass a special resolution enabling them to stay on.

. A set of public interest petitions moved by the Research Foundation for Science against the Central Government seeking protection of biodiversity in the country have been disposed of by the Supreme Court accepting the assurance of the government that necessary action would be taken in this regard.

. The Supreme Court had said in a 1995 ruling that casual raising of slogans once or twice by two individuals alone, cannot be said to be aimed at exciting or attempting to excite hatred or disaffection towards the government as established by law in India and, hence section 124A pertaining to Sedition
would not be attracted.

. Opening its third chapter against corruption in politics, the Supreme Court decided to lay down the law on whether the country should even wait until a corrupt legislator is convicted to have him disqualified from the Parliament or Assembly.

. A single member of the Appellate Tribunal of Value Added Tax can function as the Appellate Tribunal under the Delhi VAT Act, the High Court ruled rejecting the arguments in a number of appeals moved by companies.

. The Supreme Court has ordered demolition of a multi-storeyed residential building in Patna for gross violations of the sanctioned plans. The deviations are "shocking and can be undertaken only by such person who considers himself to be law unto himself," the Court stated.

. Those who draw power cannot be made liable to pay when there is a delay in installing switchgear, protection system and meters on the part of the producer. The Supreme Court stated so while dismissing the appeal case, Power Grid Corporation v. Punjab Power Corporation.

 
 
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