Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
Article 226 scrutiny extends to private bodies performing public functions where their actions have a public law character and affect legally protected rights. A banking-sector Caution List maintained under RBI guidelines could therefore be challenged when it affected an advocate's reputation, engagements and right to practise. Fraud requires dishonest intent or deliberate facilitation; alleged negligence in a title-verification opinion, without fraud, collusion or criminality, cannot justify listing. Statutory disciplinary jurisdiction over advocates' professional conduct rests exclusively with Bar Councils, so banks cannot use the Caution List to determine misconduct. The advocate's entry was removed, and the Bar Council of India was directed to audit disciplinary mechanisms.
Article 226 scrutiny extends to private bodies performing public functions where their actions have a public law character and affect legally protected rights. A banking-sector Caution List maintained under RBI guidelines could therefore be challenged when it affected an advocate's reputation, engagements and right to practise. Fraud requires dishonest intent or deliberate facilitation; alleged negligence in a title-verification opinion, without fraud, collusion or criminality, cannot justify listing. Statutory disciplinary jurisdiction over advocates' professional conduct rests exclusively with Bar Councils, so banks cannot use the Caution List to determine misconduct. The advocate's entry was removed, and the Bar Council of India was directed to audit disciplinary mechanisms.
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