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Essentials of Valid Oral Gift (Hiba) Under Muslim Personal Law: Analysis of Supreme Court’s Landmark Ruling on Public Possession and Mutation
Introduction The Supreme Court of India recently delivered a significant judgment clarifying the essential requirements for establishing a valid oral gift under Muslim personal law
Section 149 IPC: Supreme Court Guidelines on Determining Membership in Unlawful Assembly and Common Object
Introduction The Indian criminal justice system operates on the foundational principle that guilt must be individually established beyond reasonable doubt. However, certain provisi
The Narrow Bridge of Admissibility: Deconstructing Section 27 of the Indian Evidence Act, 1872
The Prohibition and the Proviso: Regulating Police Power The framework of criminal law in India is meticulously designed to protect individuals against the coercive environment of
Actual Control of Assets by IRP Under IBC: No Concept of Symbolic Possession
Introduction The Insolvency and Bankruptcy Code, 2016 (IBC) represents a watershed moment in India’s insolvency regime, fundamentally transforming how corporate distress is m
NCLT Approval Not Required for Criminal Complaints in High Court Wound-Up Companies: Kerala High Court Ruling
Introduction The intersection of corporate insolvency proceedings and criminal prosecution has long presented complex jurisdictional questions in Indian jurisprudence. The recent j
NCLAT on Oppression and Mismanagement: Only Existing Members Have the Right to Seek Relief
Introduction: Understanding Member Rights in Corporate Governance The recent pronouncement by the National Company Law Appellate Tribunal (NCLAT), Chennai Bench, has brought renewe
Personal Criminal Liability of Directors Under Section 138 NI Act Remains Unaffected by IBC Moratorium: Bombay High Court Ruling
Introduction The intersection of insolvency law and criminal liability has emerged as one of the most debated areas in contemporary Indian jurisprudence. The Bombay High Court̵
Section 14A/Mat Disallowances: Section 14A Disallowance: A Comprehensive Assessee Defense Strategy Across DRP, CIT(A), and ITAT
1. INTRODUCTION: THE ASSESSEE’S STRATEGIC LANDSCAPE Understanding the Asymmetry The relationship between the tax department and the assessee is inherently asymmetrical. The D
Department’s Perspective on Section 14A and MAT – The Revenue’s Case, Arguments & Strategic Position
1. INTRODUCTION: UNDERSTANDING THE REVENUE’S MINDSET The Department is Not Arbitrary A common misconception: The tax department is merely aggressive, trying to extract maximu
IND AS VS. IT ACT Reconciliation – When Accounting Profit Diverges From Taxable Income
1. INTRODUCTION: THE IND AS VS. IT ACT RECONCILIATION CHALLENGE The Problem Every CFO Faces Scenario: You’re presenting quarterly financial results to the Board: Finance Chie
