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Supreme Court Allows Appeal in CRPF Compulsory Retirement Case — Punishment Valid Under Rules. Compulsory Retirement Held to Be a Species of Removal Permissible Under Section 11 of CRPF Act Read with Rule 27 of CRPF Rules.

The case involves an appeal by the Union of India and CRPF authorities against the judgment of the Orissa High Court, which had set aside the punishme...

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Bombay High Court Quashes IBBI Circular as Ultra Vires in Insolvency Professional Regulation — Circular Purporting to Clarify Regulation 4(2)(b) of LP Regulations Held to Be an Impermissible Retrospective Amendment.

The petitioner, Amit Gupta, a chartered accountant and registered insolvency professional, challenged a circular dated 28 September 2023 issued by the...

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Supreme Court Partially Strikes Down FCRA Amendment Act 2020 — Ban on Transfer of Foreign Funds and Mandatory Aadhaar Held Unconstitutional. The court upheld the requirement of a single FCRA account at SBI New Delhi as a reasonable regulatory measure to prevent misuse of foreign funds.

The judgment deals with a batch of writ petitions challenging the constitutional validity of certain amendments made to the Foreign Contribution (Regu...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Fresh Material — Assessment Reopened Beyond Four Years Without Allegation of Failure to Disclose Material Facts. Reopening Based on Change of Opinion and Audit Objection Held Invalid.

The petitioner, M/s. Lalitha Chem Industries Pvt. Ltd., is engaged in the business of manufacturing chemicals with units at Tarapur and Silvasa. For A...

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Bombay High Court Allows Petitioners to Continue in Service Despite Illegal Appointments Due to Long Pendency and Interim Orders. Appointments by President without sanctioned posts upheld on ground of legitimate expectation and equities.

The petitioners, 21 daily wage workers, were appointed by the then President of the Municipal Council, Tumsar, in 1990. The Regional Director of Munic...

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Bombay High Court Quashes Reassessment Notices Under Section 148 of Income Tax Act, 1961 for Lack of Reason to Believe — Amount Received on Retirement from Partnership Firm Held to be Capital Receipt Not Chargeable to Tax.

The petitioners, Prashant S. Joshi and Dattaram Shridhar Bhosale, were partners in a real estate development partnership firm. They retired from the p...

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Bombay High Court Dismisses Petition Challenging Termination of Probationary Employee in Airports Authority of India — No Right to Post Confirmation. Probationer's termination without stigma and in accordance with service rules does not require hearing or reasons.

The petitioner, G.N. Mohanty, was appointed as Assistant Manager (Finance) in the Airports Authority of India (AAI) on probation for two years. His pr...