Shashwat Mishra, Mumbai Uncensored, 13th January 2022:
The Hon’ble Supreme Court on Tuesday expressed its displeasure and criticized the resolution passed by the Maharashtra assembly for suspending 12 BJP MLAs, the court observed that since the suspension cannot operate beyond six months owing to the constitutional bar, the said resolution is prima facie unconstitutional. The name of the case is [Ashish Shelar vs Maharashtra Legislative Assembly].
A full bench comprising Justices, AM Khanwilkar, Dinesh Maheshwari, and CT Ravikumar presiding over the matter also expressed their disagreement over the argument from the Maharashtra Assembly that the house has absolute powers to frame its own rules and has the power to depart from it. Senior Advocate C. Aryama Sundaram representing the state assembly argued that the state assembly has the absolute power of making rules, to this Justice Maheshwari, remarked,
“Saying, you can do what you want means what? A seat can remain vacant for 60 days, and at the most 6 months, as an outer limit. Here we are talking about a constituency being represented in a parliamentary form of democracy? Is this not hitting the basic structure of the constitution when the 12 constituencies are unrepresented?”. While justice Khanwilkar said, “Now it is 12. Tomorrow it will be 120. It is a dangerous argument. Absolute power does not mean unbridled. This is a serious issue,”
Senior Advocate Mahesh Jethmalani appearing for one of the suspended legislators submitted that the apex court “has to safeguard the sanctity of these proceedings.” He further argued, “Streams of justice has to be ensured and this cannot happen unfairly, otherwise, every majority of members will rub against the minority. Else why have a rule book in the assembly?”
The bench further observed, “We will say that the decision is unconstitutional. House has authority to suspend you but not beyond 59 days. House is also governed by a constitution and fundamental rights. This is not punishing the member but punishing the constituency as a whole. In the facts of the present matter, we will say enough is enough in two pages,” As per the constitution the maximum limit for which an MLA can be absent from his seat is 60 days, after which the seat is deemed to be vacated.
The matter is scheduled to be heard next on January 18, 2022.
राष्ट्रीय अन्वेषण अभिकरण अदालत ने एल्गार मामले पर जमानत की खारिज
Nazneen Yakub – Mumbai Uncensored, 29th June 2022
राष्ट्रीय अन्वेषण अभिकरण (NIA)ने मुंबई के एल्गार मामले में जमानत खारिज कर दी है। एल्गार परिषद- माओवादी मामले में सुरेंद्र गाडलिंग, रोना विल्सन, महेश राउत, सुधीर धवले और शोमा सेन की याचिका को 29 जून को एनआईए ने खारिज कर दिया है। आरोपियों द्वारा 2018 में पुणे की सत्र अदालत में तकनीकी आधार पर जमानत याचिका दायर की गई थी।
इस याचिका में आरोपियों ने दावा किया था कि मामले में आरोपपत्र दाखिल करने के लिए सत्र अदालत द्वारा 90 दिनों का विस्तार ‘‘अवैध’’ था। इसलिए, वे दंड प्रक्रिया संहिता (सीआरपीसी) के प्रावधानों के तहत तकनीकी आधार पर जमानत के हकदार हैं।
एल्गार परिषद माओवादी मामला
एल्गार परिषद माओवादी मामला 31 दिसंबर 2017 का है जोकि पुणे में आयोजित ‘एत्गार परिषद’ सम्मेलन में हुआ था। इस सम्मेलन में कथित भड़काऊ भाषण दिए थे। इन भड़काऊ भाषणों के बाद पुणे पुलिस ने यह दावा किया था कि अगले दिन महाराष्ट्र शहर के बाहरी इलाके में स्थित कोरेगांव भीमा युद्ध स्मारक के पास हिंसा हुई थी।
पुलिस ने दावा किया था कि कॉन्क्लेव को माओवादियों का समर्थन भी प्राप्त था। इस मामले में एक दर्जन से अधिक कार्यकर्ताओं और शिक्षाविदों को आरोपी बनाया गया है। इस केस को राष्ट्रीय जांच एजेंसी में सौप दिया गया था।
Doctors and influencers would be required to pay tax through giveaways as of July 1.
Kamaljeet Singh – Mumbai Uncensored, 22th June 2022
On July 1, the tax-deductible At Source (TDS) will involve the advantage companies welcome to promote sales, social media influencers, and physicians. The Central Direct Tax Commission (CBDT) has published directions on the applicability of the new provisions.
Social media influencers are required to pay a 10% TDS if the product given to promote is held by the influencer. If you return the device to the company after work is complete, TDS will not apply to the product.
“Whether this (a product offered for social media promotion) is beneficial or accidental depends on the facts of the case. If the benefit or benefit is a product such as a car, mobile phone, costume, cosmetics, etc., used for the purpose of providing the service, and then returned to the manufacturer, it will not be treated as a benefit. Or benefit for the purposes of Section 194R (TDS Rule) of the Law, “CBDT said.
Co-Treasurer Kamresh C. Burshney explained the benefits of free drug samples for doctors, international flights, and free Indian Premier League (IPL) tickets for transactions.
He highlighted that these items will not be sold and should not be disclosed and hidden when filing an income tax return.
Section 194R applies to sellers who offer cash or all kinds of incentives such as cars, computers, gold coins, mobile phones, etc. in addition to discounts.
CBDT clarifies that Section 194R applies to the distribution of free samples to hospitals for doctors who receive free samples of medicines while employed in ṣthe hospital. As an employer, the hospital can treat such a sample as a taxable employee benefit and deduct the tax in Section 192. In such cases, a point of 20,000 will be pictured across from the hospital.
For doctors operating as hospital consultants who receive free samples, TDS ideally involves the hospital first and then requires a section tax deduction. 194R related to a self-subsistent doctor.
Yogi Bulldozer Action: Supreme Court Issues Notice To Yogi Government, Have to Answer Within 3 Days
Kamaljeet Singh – Mumbai Uncensored, 17th June 2022
Violence over the controversial statement given by former BJP spokesperson Nupur Sharma is not taking its name to stop.
Let us tell you that the hearing has been held in the Supreme Court on Thursday regarding the action of the UP government. In which Supreme Court Justice A.S.A bench of Bopanna and Vikram Nath heard the matter. After the completion of the hearing, the Supreme Court has issued a notice to the UP government.
Along with this, the court has sought a reply from the UP government in 3 days. At the same time, the Supreme Court has sought an answer from the government on the bulldozer action in UP.
In the notice, the Supreme Court has asked the government of Uttar Pradesh whether the action taken by the bulldozer has been done under the legal process or not? During the hearing, the Supreme Court clearly stated that the UP government should take any sabotage action as per the procedure of law. Apart from this, the court also said that the state should ensure security.
Referring to the reports, the court said that there are reports that these retaliatory actions are being taken, they may be right and may be wrong. If such demolition is done then at least what is being done should be according to the process of law.
Let us tell you that the Supreme Court told Solicitor General Tushar Mehta, appearing for the state government, that we will issue a notice, you file a reply and ensure that nothing untoward happens during this period.
It should be noted that during the hearing, senior advocate C.U. Singh had started the debate. C. U. Singh argued on behalf of Jamiat. So there Singh said that the demolition process is going on in Uttar Pradesh.
A statement is being given that they are goons, in such a situation demolition is taking place. Apart from this, he also said that continuous action is being taken in UP with the spirit of revenge. However, efforts are being made to justify it.
From CM Yogi to top police officers gave statements regarding this matter.
At the same time, the lawyer said that people are being demolished in UP by calling them stone pelters, goons. Hearing this matter, the Supreme Court said that the government will get time to file its objections. We have to ensure their safety during this time. They are also a part of the society, when someone has a complaint, they have the right to resolve it. Such demolition can take place only in accordance with the Act.
Will hear the matter next week.
Supreme Court begins hearing on a petition filed by Jamiat-Ulema-e-Hind, seeking directions to the Uttar Pradesh authorities to ensure.
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