Month: September 2022

-Report by Shreya Shukla

In the case of Nisha Mittal v Chief commissioner of income tax, the Central information commission directed the husband of the appellant to provide generic details of the husband for the time period as contained in the RTI Application as well as for the latest financial years to the Appellant free of cost within 15 days from the date of receipt of the order.

FACTS

The appellant filed an online RTI application on 24/02/2021 seeking for the gross annual income of her husband Ashish Mittal. The CPIO denied information to the appellant on 23rd March 2021 under SECTION8(1)(J) of the RTI Act, 2005. The appellant after being dissatisfied with the order filed an appeal dated 03rd April 2021. FAA’s order dated 01st May 2021 was upheld by the reply of CPIO. After this, the appellant approached the commission for help and appealed for the second time.

The appellant contended that she needed the information for supporting the arguments in her maintenance case. On the other hand, the CPIO denied information to the appellant said under section 8(1)(j) of the RTI ACT,2005. Section8(1)(j) states as follows:- information which relates to personal information the disclosure of which has no relationship to
any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information. Provided that the information, which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

The court had observed

“in matters concerning the disputes of a husband and wife, the Commission is guided by a judgment of the Hon’ble Delhi High Court in the matter of Vijay Prakash vs. Union of India (W.P. (C) 803/2009) dated 01.07.2009 wherein the Court observed that in private disputes such as the present one between a husband and wife “…The basic protection afforded by virtue of the exemption (from disclosure) enacted under Section 8(1)(j) cannot be lifted or disturbed..”

However, the court then referred to the judgment of the Rahmat Bano case and applied the law laid by the Apex Court. It was observed

“a coordinate bench of the Commission in the Rahmat Bano case, wherein the disclosure of the gross income was allowed to the estranged wife on the ground of sustenance and livelihood of the family.”

After taking into consideration the facts of the case and relying on the judgments of the Supreme Court and Higher Courts, such as Girish Ramchandra Deshpande v. Central Information Commission, Sunita Jain v.Pawan Kumar Jain, Sunita Jain v. Bharat Sanchar Nigam Limited, Rajesh Ramachandra Kidile v. Maharashtra SIC, the Commission directed the respondent to inform the appellant about the generic details of the net taxable income/gross income of her husband.

-Report by Reyanshi Bansal

It has been held by the Hon’ble High Court of Delhi in the case of Sarvesh Singh v. State NCT of Delhi that the bail application will be rejected given the nature and gravity of the offence as well as the impact of the crime on society.

The bail application was filed by the petitioner under Section 439 (a person is in “custody” as and when he surrenders to the police) and Section 482 (the High court can recall a judgment or an order which was passed without hearing a person prejudicially affected by it) of the Cr.P.C.

An F.I.R. was reported under IPC 364/48 (abduction or kidnapping order to murder) by Ramesh Chand in which he alleged that his son, Prem Kumar, went to the house of his friends, Ajay Singh and Sarvesh Singh. Then, his son’s phone was found switched off and all his efforts to find where his son was were unsuccessful.

Based on this information, a case was registered and an investigation was carried out. Evidence was found against the petitioner and Ajay Singh, because of which they were arrested and after the completion of the investigation, charges under section 302/201/120-B/34 IPC (murder, hiding evidence of a crime, criminal conspiracy, a criminal act carried out by several persons with a common intention) were framed against the accused persons.

The petitioner claimed that he was falsely implicated, he had no history of committing any criminal offence and that no recovery has been effected from the petitioner. Moreover, the petitioner argued that there was only the presence of circumstantial evidence and not an eyewitness by which the prosecution is trying to trap the petitioner. The petitioner further contends that he is arrested because of a disclosure statement of the co-accused which is not admissible in the court as evidence. No incriminating substance was found against him.

Along with this, the petitioner surrendered himself to the court after the expiry of his interim bail and never misused the liberty granted to him by the court. Furthermore, the seven-year-old son of the petitioner is not keeping well. He requested to be released on regular bail for the above-mentioned reasons.

Contrary to the statements given by the petitioner, the prosecution opposed the bail application for several reasons. The state provided CCTV footage of the petitioner and co-accused in uniform carrying the dead body of the deceased Prem Kumar, a compact disc of a conversation between the petitioner and the daughter of the complainant, Kiran and two witnesses. One of the witnesses was the driver, Narender who deposed against the accused and revealed that the iron box was kept in the car. The other, Islamuddin, identified Sarvesh and Ajay Singh by their name plates who came to purchase the Tin box from his shop. The prosecution also contended that just because the petitioner made an interim bail, it does not entitle him to the grant of regular bail, more so, considering the merits of the case and the
heinous crime. As far as the uneasiness of the petitioner’s son goes, his wife is there to look for the child.

The court quashed the application for regular bail and held that:

“In view of the discussion mentioned hereinabove, looking into the nature and gravity of the offence, its impact on the society and severity of the punishment of the offence, no ground for bail is made out, the bail application is, therefore, dismissed. Petitioner is directed to surrender forthwith. The bail application is disposed of accordingly.”

-Report by Ayushi Dixit

The Hon’ble Supreme Court in the case Munna Prasad Verma v. State of U.P. & Anr. quashed and set aside the criminal proceedings against the appellants and stated that it is an abuse of the process of law.

The facts of the case are that Brijendra Nath Mishra obtained B.Ed. degree from an affiliated college of Gorakhpur University, Madan Mohan Malviya College, Deoria. After the death of his father, he called for a compassionate appointment and based on his education record he was eligible and hence was selected by the Selection Committee
(appellants). Brijendra Nath Mishra was selected by the committee on the compassionate ground under the dying harness rules.

The complainant (respondent) lodged FIR under sections 419, 420, 467,471 IPC against the selection committee and Brijendra Nath Mishra, who according to the complainant, has presented a forged marksheet of B.Ed. for compassionate appointment and the committee members conspired for the appointment and they were aware of the fact that the documents are forged.

After the complaint was filed, an investigation began and a final report was filed by the police but the Magistrate further gave directions for investigation. When the third round of investigation was completed a final report was filed again. On the request of the complainant, the investigating officer was changed and then finally a chargesheet was filed incriminating the appellants (member of the selection committee) and other persons for offences under section 419, 420, 467,468, 471 and 120-B IPC, cognizance was taken by the learned magistrate by an order.

The order was challenged by the appellants by filing a petition for quashing the cognizance against them under section 482 CrPC. The other two members of the selection committee against whom cognizance was taken have
preferred for a special leave petition before the court but during the pendency of the proceedings, unfortunately, both died and the court by a separate order dismissed their proceeding. The case Concerning with forged documents presented by Brijendra Nath Mishra for seeking a compassionate appointment is facing trial and that would be dealt according to the procedure established by law.

As far as the matter related to assistance by the selection committee, as the complainant has alleged, no prima facie evidence has been found which incriminates the appellants and shows that the appellants helped in fabricating or creating the forged document. The present members of the Selection Committee who relied on the documents without verification believed them to be genuine and recommended for the compassionate appointment which does
not mean that they helped in the fabrication of documents or were aware of the forged document. Thus, the members of the committee are not in any manner involved in the case.

“The learned Magistrate has taken cognizance and issued summons against them by an Order dated 4th August 2009 in the instant proceedings, which, in our view, would be nothing but a clear abuse of the process of law. Thus, the appeals stand allowed and the criminal proceedings arising from Case Crime No. 128 of 2002 qua the appellants are quashed and set aside.”

The appeals are set aside but the proceeding by the learned Magistrate against Brijendra Nath Mishra will continue in accordance with law and the court also held that if there is any pending applications regarding the case it shall also be disposed of.

-Report by Anirudh Victor

FACTS

The current writ appeal has been documented testing the request passed under Section 148A(d) of the Income Tax Act, 1961 [‘the Act’] and the notification given under Section 148 of the Act both dated 30th July 2022 for the evaluation Year 2015-16.
Learned counsel for the candidate expresses that the condemned request passed under Section 148A(d) and the reproved notice given under Section 148 of the Act are without ward, as the pay claimed to have gotten away from the appraisal is Rs.34,44,855, which is not exactly the jurisdictional necessity of Rs.50 Lakhs.

This Court takes legal notification of the way that on account of another assessee in W.P.(C) No.12532/2022 who had also bought the stock of M/s. Solis Marketing Ltd., the income office has affirmed that the assessee in that had procured long haul capital addition which was very nearly multiple times the speculation inside a limited capacity to focus time. For this situation, too, a scrutiny of the applicant’s answer dated 29th May 2022 confirmations that the shares bought at face worth of Rs.1 were sold at approx. Rs.50 per share acquiring the candidate the LTCG which was guaranteed as absolved pay. The Assessing Officer in the reproved request has additionally held that ‘the assessee is one of the recipients of producing counterfeit LTCG and STCG through M/s Solis Marketing Ltd. in an arranged way and has steered her unaccounted pay. Subsequently, the all-out thought of Rs.50,10,500 has gotten away from evaluation. In the reprimanded request, it has been more than once, truth be told accentuated by the Assessing Officer that the whole thought ofRs.50,10,500 got by the applicant is pay that has gotten away appraisal.

Petition’s Contention

He expresses that the Respondent has passed the denounced request without taking into account the definite entries of the Petitioner, wherein the Petitioner had presented that the Petitioner had proactively paid charge on the Short Term Capital increase (‘STCG’) of Rs. 995/ – and that the Petitioner had just guaranteed Long haul Capital Gain (‘LTCG’) of Rs.33,74,855 / – under Section 10(38) of the Act.

Learned counsel for the solicitor expresses that the finding of the Surveying Officer in the upbraided request dated 30th July 2022 passed under Section 148A(d) of the Act that pays Rs.50,10,500/ – has gotten away appraisal is inaccurate. He expresses that Section 148A (d) of the Act just discusses escapement of Income based on material accessible on record and not on the material to be accessible in the future. He calls attention to that the material accessible recommended that pay of Rs.34, 44,855/ has gotten away appraisal. On the side of his accommodation, he depends upon the judgment of the Rajasthan High Court in Abdul Majeed vs. Annual Tax Officer.

Court’s Decision

Thus, neither the bifurcation between the STCG and LTCG nor the estimation of pay outfitted by the solicitor can be acknowledged at this stage in writ procedures. The judgment of the Rajasthan High Court in Abdul Majeed (supra) has no application to current realities of the current case as in the said case ‘just money store of Rs.9,39,000/ – chargeable to burden had gotten away from evaluation, without much else. This Court finds that in the reprimanded request passed under Section 148A (d) it is expressed that the candidate had sold penny stock for example M/s Solis Promoting Ltd. for a thought of Rs.50,10,500. In like manner, this Court is of the view that the reviled request calls for no impedance at this stage. Be that as it may, the applicant is given the freedom to W.P. (C) No.12626/2022 to raise all disputes and entries before the Assessing Officer. With the previously mentioned freedom, the current writ request alongside forthcoming applications stands discarded.

ABOUT THE FIRM

Artha, Advocates & Legal Advisors mainly deal with Pre-litigation mediation, commercial suits, arbitration, Delhi High Court, NCLT & NCLAT proceedings, Proceedings for constitution of Arbitral Tribunal, Interim Measures and setting aside of the award, disqualification of Arbitrator etc. before courts in NCT of Delhi. They also deal with Corporate Transaction Advisory, Anti-Money Laundering, Contract Drafting and Negotiations, Consumer Cases Financial Frauds, Representation before CBI Special Courts, PMLA Tribunal, Legal Aid Migrant Workers, destitute, protection of women and child rights.

JOB DESCRIPTION

Artha, Advocates & Legal Advisors are looking for:

1. Advocates with 0-3 years experience.
2. Commerce graduates who have experience in M&A, Accounting and Taxes.

APPLICATION PROCESS

Interested candidates can send their applications to info@artha-legal.com

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ABOUT THE FIRM

Lynx Litigation Partners are a team of meticulous and specialist lawyers, passionate and experienced in various domains. They work with utmost integrity, transparency, and dedication in serving their clients and taking care of all the legal aspects of their lives and business. They provide noteworthy legal advice and consultation on a wide spectrum of complex legal events and impediments, that are backed by years of experience and profound knowledge of laws, to protect their clients from any adverse circumstances or disputes. They assist start-ups and venture-backed companies in their incorporation, financing, and growth by performing all the legal procedures and protocols on their behalf. They are also equipped with well-versed / professional Chartered Accountants and Company Secretaries to provide end-to-end business solutions for corporates from various sectors while giving them personalized services.

INTERNSHIP DESCRIPTION

1. Internship mode: Remote
2. Location: Mumbai
3. Experience: Law students
4. Duration: 2-6 Months

RESPONSIBILITIES

• Efficiently assisting senior lawyers at various stages of litigation
• Managing legal research and drafting of various petitions, pleadings, writs, affidavits, counter-affidavits, appeals, miscellaneous applications, civil/criminal complaints
• -Drafting legal notices and responses
• Handling IPR, taxation, arbitration and other corporate cases
• Assisting companies in various transactions and negotiations
• Assisting companies in managing compliance and other legal functions
• Carrying out case analysis, reporting and presentation; and analyzing and identifying the core issues and their implications
• Attending conferences, meetings and briefing senior lawyers, and assisting them in framing strategies/action plans for the successful outcome of legal matters
• Liaising with police, enforcement agencies and various government officials for resolution of cases at pre-litigation and/or post-litigation phases
• Demonstrating in-depth knowledge and understanding of corporate, civil and criminal law, dispute resolution, arbitration, negotiable instruments act, contract laws, insolvency and bankruptcy laws, insurance laws, consumer protection laws, motor vehicles act, technology laws and constitutional law

ELIGIBILITY

• The candidates should be in the final year of LL.B. or should have completed their LL.B.
• The candidates should be well versed with techniques of legal research and familiar with the usage of legal research software
• The candidates should have proficiency with MS word and MS excel
• The candidates should have good articulation skills and critical thinking abilities
• The candidates should possess sound knowledge of the practice and procedure of litigation in India and should have an avid interest in learning and exploring new avenues
• The candidate should possess excellent proficiency in English and Hindi

APPLICATION PROCESS

1. Candidates who wish to work “remotely” and complete their internship “online” must mention this in their email or cover letter.
2. Interested candidates can send their cover letter with their resume and drafting samples 
3. Kindly update the subject of your application email as ‘Application for Legal Intern’ and send to lynxlitigation@gmail.com

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ABOUT THE FIRM

KPS Advocates is a multi-practice law firm having its office in NCR of Delhi, India. The Firm also has associate offices located across various parts of India including Mumbai, Hyderabad, Bangalore and Chandigarh. The Firm consists of a team of experienced, dedicated and dynamic Advocates, Chartered Accountants and other professionals from across various parts of India who have substantial experience in the field of law in which they are engaged. KPS aims at providing highly professional legal services to its clients in a timely manner after following the best ethical practices and keeping a pocket-friendly approach for the Client. The main goal of KPS is to build an everlasting trust and bond with the Clients globally along with providing the best legal services to their satisfaction. Our team is well trained to grasp all kinds of complexities and is well equipped to deal with and negotiate disputes across various sectors and jurisdictions.

INTERNSHIP DESCRIPTION

KPS Advocates are accepting applications for internships (offline/ online) for the month of October.

• Students from 4th or 5th (5 year LLB) and 3rd year (3 year LLB) will be preferred. 
• Work shall include majorly Commercial and Civil laws.
• Visits courts in Delhi/NCR

APPLICATION PROCESS

Interested candidates can send their applications to associatekps@gmail.com

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ABOUT THE COMPANY

Twin Health invented the Whole Body Digital Twin to help reverse and prevent chronic metabolic diseases, improve energy and physical health, and extend lifespan. We combine advanced technology and medical science to heal the most complex and dynamic system of all—the human metabolism. Twin is headquartered in California, USA and Chennai, India.

JOB DESCRIPTION

1. Job Designation: Legal Associate
2. Job Location: Chennai
3. Experience: 3+ years

RESPONSIBILITIES

• Drafting, reviewing, and negotiating a wide array of commercial contracts, direct purchasing agreements, partner agreements, procurement agreements, master agreements, services agreements, nondisclosure agreements, consortium agreements and others, predominantly with respect to India.
• Reviewing tender documents, bids, and contract documents for risk analysis and mitigation steps, and accordingly responding to the bids, where necessary.
• As Company Secretary participated in various meetings of boards, committees and management bodies; preparing the agendas and minutes of such meetings within strict time periods.
• Updating local registrar of companies to reflect corporate changes and ensuring all requisite filing is completed.
• Compliance with relevant local legislation and regulation, including timely filing of forms and returns with the MCA/ROC, preparation and maintenance of books and records.
• This position will have regular interactions with and opportunities to collaborate within, and beyond, the global

QUALIFICATION AND EXPERIENCE

• A bachelor’s degree in law from a recognized university with 3+ years of experience preferably with recent experience in the health startup sector.
• Membership with the Institute of Company Secretaries of India is a must.
• Impeccable integrity – ethical and honest in all respects
• Excellent interpersonal skills. An individual who can work with a range of internal and external business and legal professionals across the organisation, manage multiple priorities and projects with firm deadlines, and influence cross-functional teams.
• Strong such as legal research, document drafting, advice preparation, client liaison, negotiation abilities and file management. Good knowledge of and strong foundation in commercial law and contract negotiations.
• A business-oriented, practical and balanced approach, is required.
• Ability to work independently and as part of a team.
• Ability to work under pressure and to deliver tasks within set deadlines.
• Exceptional written and verbal communication skills.

APPLICATION PROCESS

APPLY HERE

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Indure Pvt. Ltd. is making an urgent call for 2 associate positions.

ABOUT

The Indure Private Limited is an unlisted private company incorporated on 22 April, 1970. It is classified as a private limited company and is located in New Delhi, Delhi. The Indure Private Limited manufactures, develops, and supplies ash handling equipment. It also operates as a contractor for power plants and material handling systems.

POSITION

Junior Associate (2): Urgently required

ELIGIBILITY

Junior associate with an experience of 1-2 years in litigation having a LLB degree.

SALARY

As per industry norms

ROLES AND RESPONSIBILITIES

Majorly drafting, appearing in Courts including District, High Court and NCLT.

Note: Please do not apply if you are not focused and hard working.

CONTACT DETAILS

Adv. Simran Wason

Email: harshswami211@gmail.com

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About the Organization

Rajpati and Associates, a one-stop office providing a broad range of legal services, is located at Bailey Road, Rukunpura, Patna, Bihar. We take a methodical, ethical approach to our job while maintaining professionalism. Through our highly qualified professionals, they specialise in providing services for Marriage and Divorce Lawyer, Family Law, Maintenance Lawyers, Marriage Registration, Criminal Law, Civil Law, Service Matter Lawyer, Company Law, Child Custody, Arbitration, Legal Law, Bail matters, Debt Recovery, and many other fields.

About the Responsibilities  

 Call for interns.

Location

Patna, Bihar

How to Apply?

Interested candidates may apply from here: –

chiefmanagerlitigation@rajpatiandassociates.com

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