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An Administrative-cum-Finance Officer of MAKAIAS challenged his compulsory retirement, alleging that the disciplinary proceedings were vitiated by bias on the part of the Director who acted as the disciplinary authority.
The Court set aside the impugned judgment imposing the penalty under Article 5(e)(i) of the Schedule to the Karnataka Stamp Act, 1957. The statute does not have a residual clause for Article 5(e) nor provides for a scenario where the property was previously handed over to the purchasee prior to the agreement to sell was to be entered into.
Electronic record, in the form of the DVD could not be treated as admissible evidence, in the absence of any verification as to its genuineness, veracity or reliability from the original electronic device by/from which these are created, for the purpose of imposition of penalty under Section 114-AA, Customs Act, 1962.
RBI has imposed a ₹21 lakh penalty on PhonePe for failing to comply with PPI guidelines, citing escrow account shortfalls and reporting lapses during its October 2023—December 2024 inspection.
The CCI further held the former and present Presidents of FPBAI and Chairman of GOC, and Secretary of FPBAI, liable under Section 48 of the Competition Act, 2002.
“While it is true that principles of natural justice supplement, and not supplant, the law, such principles have been declared by the Court to be a constituent feature of Article 14. Validity of any disciplinary action, whenever questioned, has to be tested on the touchstone of Articles 14, 16 and 21 as well as Article 311(2), wherever applicable.”
Allahabad High Court directed the authorities to carry out the exercise in terms of Section 129 (1)(a) of the CGST Act within a period of two weeks from the date of this order.
The foundation of show cause notice itself was bad in law and the assumption that return could not have been filed in the GST portal of Telangana did not flow from Section 140 of the Central Goods and Services Tax Act, 2017.
The formation of opinion under Section 20(2) of the Right to Information Act, 2005 is in the exercise of supervisory powers of Central Information Commission and not in the exercise of the adjudicatory powers.
The Tribunal stated that no court has held that prohibited goods were to be released for re-export without payment of redemption fine. Such a stance would encourage importers smuggling/making improper import of goods, to take a chance with the law and if caught, request for re-export without a fine.
Penalty to be paid through e-cinemapramaan portal only.
The Court stated that for ascertaining the charges to be recovered from the encroacher, the land-owning authorities shall consider the area of encroached land, period for which the encroached land was illegally used, the market price or circle rate of the encroached area.
by Tarun Jain*
Cite as: 2024 SCC OnLine Blog Exp 27
Section 129-E of Customs Act, 1962 makes it obligatory to deposit the duty/penalty pending the appeal and if a party does not comply either with the main Section or with any order that might be passed under the proviso, the Appellate Authority is fully competent to reject the appeal for non-compliance.
CCI issues guidelines to bring transparency in method of calculating penalties.
“Section 60(4) of Bihar VAT Act, 2005 enables a seizure of goods along with the carrier if the authority suspects the transport to be in contravention of the provisions of Section 60(2).”
Securities and Exchange Board of India: In the instant matter, Mohammad Nasiruddin Ansari was alleged to have induced / influenced investors to
Settlement of non-compoundable offences through mediated settlement agreements is not permissible. Even otherwise, to permit the accused and complainant to compromise an offence on payment of money, in session triable serious criminal cases which attracts punishment up to life, cannot be subject matter of mediated settlement agreements.
There is no such thing under the SAST Regulations that acquisition and holding of shares without making a public announcement is a violation.