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ROC LitigationCourt rejected the AIMS plea that a handicap person cant do MBBS
The public_profile can be reached at shaifaly.ca@gmail.com Cases Covered: BAMBHANIYA SAGAR VASHARAMBHAI Vs UNION OF INDIA & OR Facts of the cases: In pursuance to the order passed by this Court, a report was filed by the All India Institute of Medical Science dated 02.09.2023
CA Shafaly GirdharwalThe short time given for hearing is not equal to opportunity of being heard
Thus, as already stated supra, the notice calling forth the petitioner’s reply to be filed within a limited time cannot be deemed to a notice affording fair opportunity of hearing to the petitioner. Had it been the real intention of the respondent Department to provide
ROC LitigationHigh court can’t decide a case when the advocate of accused was not present.
The public_profile can be reached at shaifaly.ca@gmail.com Cases Covered: Chandra Pratap Singh, Vs State of M.P Facts of the cases: In a recent judgment the honorable Supreme court rejected a decision by High court without the presence of advocate of accused. Observation & Judgement of
CA Shafaly Girdharwal
ROC LitigationAnalysis: The Absence of State Assembly Ratification for the Women’s Reservation Bill
The Women’s Reservation Bill will not necessitate state approval if it secures passage in parliament with a special majority. According to Article 368 of the Indian Constitution, achieving a special majority mandates the support of two-thirds of the members present and voting, along with
Battle of Theo’s and Theobroma decided in favor of Theobroma (Pdf Attach)
The battle of copyright between the Theo’s and Theobroma is decided. It is submitted by Mr. Wadhwa, ld. Counsel that Defendant has registered the mark “THEO” and, therefore, it should be using the mark ‘THEO’ without the `S’. and ought to be restricted from using
GST ConsultancyGST refund can be filed even after cancellation of registration(Pdf Attach)
Cases Covered: C.P. Ravindranath Menon & Another Vs Deputy Commissioner of State Tax & Ors. Facts of the Cases: The brief facts of the case are that the Petitioners had entered into an agreement for sale of a residential flat with Respondent No. 6.
CA Shafaly Girdharwal
ROC LitigationDelhi high court asked government to implement ‘National Litigation Policy’
Cases Covered: UNION OF INDIA versus MS. KIRAN KANOJIA Citations: Union of India v. Prithwi Singh, Urban Improvement Trust, Bikaner v. Mohan Lal Facts of the cases: The National Litigation Policy aims to prevent unnecessary litigation by the government and its agencies, which often clogs
ROC LitigationAggrieved party is entitled to receive compensation whether or not actual damage or loss is proved
Cases Covered: A.S. Motors Pvt. Ltd. v. Union of India Ors Citations: 1. Suresh Koshy George v. University of Kerala, 2. Russel v. Duke of Norfolk, 3. Keshav Mills Co Ltd. v. Union of India, 4. Ridge v. Baldwin, 5. P.D. Agrawal v. State
CA Shafaly Girdharwal
ROC LitigationRefund cant be rejected without giving an opportunity of being heard
Cases Covered: M/S SHIVBHOLA FILAMENTS PRIVATE LIMITED versus ASSISTANT COMMISSIONER CGST & ANR Facts of the Cases: The petitioner filed the refund application under the inverted rated supply. The petitioner received “Notice of Rejection of Application for Refund” dated 18.12.2020 (hereafter ‘Show Cause Notice’) in
CA Shafaly GirdharwalBail granted on conditions by High court(Pdf Attach)
Cases Covered: Ravinder Nath Sharma@ Ravubder Sharm vs Union of India Facts of the cases: Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant has been arrested
CA Shafaly GirdharwalSLP rejected by Honorable Supreme court when the alternate remedy was time lapsed(Pdf Attach)
Cases Covered: M/S VISHWANATH TRADERS VERSUS UNION OF INDIA & ORS. Facts of the cases: In this case the Patna high court was approached by the petitioner. They received a notice but the date for filing an appeal was already gone. They couldn’t tell any
CA Shafaly Girdharwal6 important questions about section 16(4) answered by the Court in case of Gobinda Construction
Case Covered: Gobinda Construction vs Union of India Citation: 1. Vinoy Viswam vs. Union of India & Ors 2. Modern Dental College and Research Centre & Ors. vs. State of Madhya Pradesh & Ors 3. K.T. Moopil Nair vs. State of Kerala 4. Adfert Technologies
CA Shafaly Girdharwal