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September 15, 2021

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White and Case

On the facts and in the circumstances of the case, the Ld. CIT(A) erred in deleting the AO’s addition by holding that the payment made to ‘White & Case,’ the consultancy firm, is not in the nature of FTS, but failing to appreciate that Article 15(1) of the Indo-UK Treaty only applies to payments to individuals and does not apply to partnership firms. In addition, they failed to recognise that such payments would be protected under Article 13 of the Treaty as a charge for technical services. Based on the facts and circumstances of the case, the Ld. CIT(A) erred Read More
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A.K. Gopalan v. State of Madras, 1950

Submitted by: Abhishek Buradagunta (2001) FCRIMS (2020-22) After the judgement of AK Gopalan v State of Madras case, courts in India started approaching the Fundamental Rights of citizens and non-citizens in a wider and comprehensive manner, and not in a restrictive manner. AK Gopalan was a communist leader and was detained under the Preventive Detention Act 1950 in Madras Jail. He challenged the validity of the Act on the ground that it was violating the freedom of movement under Article 19 (1) (d) and personal liberty under Article 21 through writ petition under Article 32 of the Constitution. The supreme Read More
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Amar Nath Sehgal vs Union of India

Case – Amar Nath Sehgal vs Union of India, Plaintiff – Amar Nath Sehgal, Defendant – Union of India, Court – Delhi High Court, Judge – Justice Pradeep Nandrajog. In the year 1957, the Union of India commissioned Amar Nath Sehgal to design a mural in the lobby of Vigyan Bhavan, Delhi. The mural was completed in the year 1962 which was approved by Jawaharlal Nehru, the first prime minister of India. In 1979, during the renovation process of Vigyan Bhavan, the mural was vandalized and the remnants were put into the store room. As soon as the sculptor came Read More
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Ramsgate Victoria Hotel v Montefiore

Facts – In this case law, the defendant, Mr. Montefiore wanted to buy shares in the complainant’s hotel (Ramsgate Victoria Hotel). As part of his offer, he said that he wanted to buy shares of the hotel at a certain price from the complainant. Approximately six months after the offer was made, the complainant accepted the offer. By this time, however, the value of the shares had declined, and Mr. Montefiore no longer had any interest in buying them. The defendant did not formally revoke the offer, but he did not proceed with the sale. The Complainant brought an action Read More
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Title: Relation of Nifty50 with Adani Power Limited

BRM : Assignment 2 Title: Relation of Nifty50 with Adani Power Limited Author: Asmita Asre, Roll No: 03 Introduction: Adani Group is a diversified organization in India with combined revenue of $13 Bn and market cap of $22 Bn (as on 27th May 2020) comprising 6 publicly traded companies. It has created a world class transport and utility infrastructure portfolio that has a pan-India presence. Adani Group is headquartered in Ahmedabad, in the state of Gujarat, India. Over the years, Adani Group has positioned itself to be the market leader in its transport logistics and energy utility portfolio businesses focusing Read More
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