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Friday, May 8, 2020

[ACCA_Profs] Supreme Court Sends 3 Advocates To Jail For Contempt + Imp Updates + Article On Interpretation Of Deeming Provisions

 

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Dear Subscriber,

The following important updates are available at itatonline.org:

In Re Vijay Kurle & Others (II) (Supreme Court)

Contempt of Court by Advocates: There is not an iota of remorse or any semblance of apology on behalf of the contemnors. In view of the scurrilous and scandalous allegations levelled against the judges of this Court and no remorse being shown by any of the contemnors we are of the considered view that they cannot be let off leniently. It is obvious that this is a concerted effort to virtually hold the Judiciary to ransom. All three contemnors are sentenced to undergo simple imprisonment for a period of 3 months each with a fine of Rs. 2000

There is not an iota of remorse or any semblance of apology on behalf of the contemnors. Since they have not argued on sentence, we have to decide the sentence without assistance of the contemnors. In view of the scurrilous and scandalous allegations levelled against the judges of this Court and no remorse being shown by any of the contemnors we are of the considered view that they cannot be let off leniently. We have also held in our judgment that the complaints were sent by the contemnors with a view to intimidate the Judges who were yet to hear Shri Nedumpara on the question of punishment, so that no action against Shri Nedumpara is taken. Therefore, it is obvious that this is a concerted effort to virtually hold the Judiciary to ransom

In Re Cognizance For Extension Of Limitation (II) (Supreme Court)

Extension of limitation period: Taking into consideration the effect of the Corona Virus (COVID 19) and resultant difficulties being faced by lawyers and litigants and with a view to obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunal across the country including this Court, it is hereby ordered that all periods of limitation prescribed under the Arbitration and Conciliation Act, 1996 and under section 138 of the Negotiable Instruments Act 1881 shall be extended with effect from 15.03.2020 till further orders to be passed by this Court in the present proceedings

In case the limitation has expired after 15.03.2020 then the period from 15.03.2020 till the date on which the lockdown is lifted in the jurisdictional area where the dispute lies or where the cause of action arises shall be extended for a period of 15 days after the lifting of lockdown

Imp Circular Of Bombay High Court Reg Functioning Of Courts During Covid-19 Lock Down

The Bombay High Court has issued an important circular dated 4th May 2020 on the issue of functioning of Courts during the Covid-19 lock down

Interpretation Of Deeming Provisions In The Income Tax Act – A Deep Dive

CA Piyush Bafna has explained the subtle but important distinction between the various types of deeming provisions that are prevalent in a statute. He has pointed out that within the Income-tax Act itself, there are numerous deeming provisions such as sections 2(22)(e), 9, 11, 41, 50C, etc. He has explained the nuances of these provisions and also drawn attention to the important judgements on the point. A pdf copy of the article is available for download

See Also: Digest of case laws (updated regularly) containing latest judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals


Regards,

 

Editor,

 

itatonline.org

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