show-cause notice

Case BriefsSupreme Court

Supreme Court observes documents relied upon for formation of opinion under Rule 3 of the SEBI Adjudication Rules 1995, not required to be disclosed to the noticee unless relied upon in the inquiry

Supreme Court: In a special leave petition against the impugned judgment passed by the Bombay High Court, whereby, the Court dismissed the

Case BriefsTribunals/Commissions/Regulatory Bodies

Whether dismissal order served without show cause notice justified when there’s suspicion of involvement in espionage & anti-national activities? Armed Forces Tribunal decides

Armed Forces Tribunal (Lucknow Bench): The Division Bench of Justice Umesh Chandra Srivastava, Member (J) and Vice Admiral Abhay Raghunath Karve, Member

Case BriefsHigh Courts

Bombay High Court | Independent Non-Executive Director not liable for acts of company when not involved in day-to-day business

Bombay High Court: The Division Bench of K.R. Shriram and Milind N. Jadhav, JJ. took cognizance of a petition which was filed

Case BriefsHigh Courts

Delhi High Court: Delhi police well within jurisdiction to issue show cause to restaurant serving alcohol beyond permissible limits; Writ petition not maintainable

Delhi High Court: Jasmeet Singh, J. did not interfere with the impugned show cause notice issued by Delhi Police to a restaurant

Case BriefsHigh Courts

Karnataka High Court | No suppression of material facts if show cause notice issued is based on balance sheet; Appeal denied

    Karnataka High Court: A Division Bench of PS Dinesh and Anant Pamana Hegde, JJ. rejected the appeal filed by Commissioner

Case BriefsHigh Courts

If an assessee living outside India delays in filing objection to Show Cause notice by one day in asking for adjournment, Can HC deny him of his right? Here’s what Del HC observes

Delhi High Court: The Division Bench of Manmohan and Manmeet Pritam Singh Arora, JJ., expressed that, merely because there was a delay

Op EdsOP. ED.

Wilful Defaulter Circular: A Much-Needed Munition or a Growing Conundrum

by Bishwajit Dubey*, Shatrajit Banerji** and Prafful Goyal***

Case BriefsHigh Courts

Cal HC | Not providing an opportunity to file a reply to the show-cause notice violation of principle of natural justice; Case remanded back to the Assessing Officer for fresh assessment

Calcutta High Court: Md. Nizamuddin, J. allowed a petition which was filed challenging the impugned assessment order under Section 147 read with

Case BriefsHigh Courts

[Customs Act] Raj HC | DRI officer is not Competent Authority to issue show cause notice and adjudicate the same as “proper officer”; Show cause notice set aside

Rajasthan High Court: A Division Bench of Akil Kumar, CJ and Sameer Kureshi, J. allowed the writ petition and set aside the

Case BriefsHigh Courts

Once a document gets registered, can it be cancelled as per the Registration Act, 1908? Del HC answers

Delhi High Court: Yashwant Varma, J., held that once a document comes to be duly registered, it becomes a fait accompli. In

Case BriefsHigh Courts

Jhar HC | Specific ingredients must clearly asserted in the notice so that the noticee has an opportunity to explain and defend himself in accordance with S. 74 of JGST Act, 2007

Jharkhand High Court: A Division Bench of Aparesh Kumar Singh and Anubha Rawat Choudhary, JJ., allowed the petition and directed the respondents

Case BriefsTribunals/Commissions/Regulatory Bodies

SEBI | Stock brokers restricted from accepting new clients for making third party transfers-Usual practice for Fraudulent Trade Practices

Securities and Exchange Board of India- Ananta Barua, Whole Time Member, while agreeing with the Enquiry Report, restrained SIC Stocks and Services

Case BriefsTribunals/Commissions/Regulatory Bodies

SAT | ‘Reasonable opportunity to be heard’ to initiate inquiry is ‘unreasonable’:  Show cause notice is abundant while ‘opportunity’ is redundant

Securities Appellate Tribunal, Mumbai (SAT): The Coram of Justice Tarun Agarwala, (Presiding Officer) and Justice M.T. Joshi (Judicial Member), while dismissing the

Case BriefsHigh Courts

Del HC | Issuance of prior show cause notice and draft assessment order under S. 144B (7) of Income Tax Act: Is it a mandatory condition before issuing final assessment order? HC answers

Delhi High Court: The Division Bench of Manmohan and Navin Chawla, JJ., noted the mandatory condition provided under Section 144B (7) of

Case BriefsTribunals/Commissions/Regulatory Bodies

CESTAT | For passing a valid adjudication order, valid service of show cause notice is essential; Tribunal allows appeal  

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member) allowed an appeal in which the issue before the Tribunal

Hot Off The PressNews

Innocent citizen died in indiscriminate firing by Army | NHRC issues show cause notice to Ministry of Defence on why relief not to be paid to next kin of citizen

NHRC, India issued a notice on 24-02-2021 to the Union Ministry of Defence, through its Secretary, to show cause why Rs 5

Case BriefsTribunals/Commissions/Regulatory Bodies

IBBI | Is an Insolvency Resolution Professional eligible to accept an assignment after 31st December 2019? Relevant Provision explained in light of IP regulations

Insolvency and Bankruptcy Board of India (IBBI): Dr Mukulita Vijayawargiya (Whole Time Member, IBBI) disposed of a show-cause notice issued to a

Case BriefsSupreme Court

No mention of intention to blacklist in the show cause notice? SC says such show cause notice and consequent blacklisting order liable to be quashed

Blacklisting can effectively lead to the civil death of a person.

Case BriefsHigh Courts

Raj HC | Writ petition is not entertainable at that stage of show cause notice; Court dismisses petition holding it to be pre-mature

Rajasthan High Court: Sanjeev Prakash Sharma, J., dismissed a petition which was filed praying to quash and set aside the certificate of

Case BriefsHigh Courts

All HC | Court took cognizance of deliberate laxity in compliance of its orders by officers concerned , passed remarks and issued show cause notice in contempt application

Allahabad High Court: Disgruntled with the respondent for non-compliance with the Court’s earlier orders, Vivek Kumar Birla, J. allowed the present contempt