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Searching Content by Vijay Pal Dalmia, Partner from Vaish Associates Advocates ordered by Published Date Descending.
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1
(Indian) Prevention Of Money Laundering Act 2002 (PMLA) – Latest Amendments & Impact
Recently by Finance Act, 2019, which received the assent of the President of India and became an Act, certain amendments have been made in the provisions of the Prevention of Money Laundering Act, 2002.
India
30 Aug 2019
2
Perjury, False Claim & False Prosecution In A Case, Section 209 Of IPC & Section 340 Of The Cr.P.C.
The principles relating to Perjury, False Claim & False Prosecution in a judicial proceeding and its consequences under Section 209 of the Indian Penal Code & Section 340 of the Criminal Procedure Code ...
India
28 Aug 2019
3
Revocation Of Patent In India
A patent provides the inventor with the protection against the unauthorized use of the new product or the new technology which is the subject matter of the Patent.
India
26 Aug 2019
4
Doctrine Of Advancement And Benami Law In India
The Law Commission of India, Ministry of Law, Justice & Company Affairs came up with its 57th Report of Law Commission on ‘Benami Transactions' in the year 1973.
India
22 Aug 2019
5
Financial Assistance By Father & Benami Transaction
The Hon'ble Supreme Court of India in a recent judgment dated 9th April 2019, passed in the case of P. Leelavathi (D) by L.R.s vs. V. Shankarnarayana Rao (D) by L.R.s bearing Civil Appeal No. 1099 of 2008, ...
India
22 Aug 2019
6
Benami Property Transactions & Known Sources
At present, Section 2 (9) (A) of The Prohibition of Benami Property Transactions Act, 1988 as amended by The Benami Transactions (Prohibition) Amendment Act, 2016 sets out certain exceptions to the ...
India
13 Aug 2019
7
Transfer Of Cryptocurrency On Wallets Of Other Persons And The Trap Of Benami Law
Pursuant to a Public Interest Litigation titled Siddharth Dalmia & Vijay Pal Dalmia Vs. Union of India, Ministry of Home Affairs, Ministry of Finance & Reserve Bank of India being W.P.(C) No. 001071 / 2017 ...
India
13 Aug 2019
8
Value Of Uncertified Foreign Bank Records Under DTAA For Prosecution Under The (Indian) Income Tax Act And Black Money (Undisclosed Foreign Income And Assets) And Imposition Of Tax Act
The intention of the legislature is pretty clear from recent development in the field of law dealing with white-collar crimes.
India
 
6 Aug 2019
9
Information Furnished Under DTAA- Evidentiary Value In Trial
DTAA (Double Taxation Avoidance Agreement) refers to a Tax Treaty that is entered between two countries. The purpose of such Agreements is to make sure that a person does not suffer duplication of taxes.
India
2 Aug 2019
10
Essence Of A Benami Transaction
The essence of a benami is the intention of the party or parties concerned; and not un-often such intention is shrouded in a thick veil which cannot be easily pierced through.
India
19 Jul 2019
11
How To Treat A Transaction As Benami?
The Hon'ble High Court of Allahabad in the case of Prakash Narain vs. CIT/CWT(1 [1981] 6 Taxman 159 (All)] has held that for determining a particular transaction as benami, following criteria should be fulfilled:-
India
19 Jul 2019
12
Test For Deciding, Whether A Transation Is Benami Or Not?
The Hon'ble Supreme Court of India in the case of Bhim Singh vs. Kaan Singh AIR 1980 (SC), laid down the following principles for deciding whether a transaction is benami or not:-
India
19 Jul 2019
13
Relevance Of Intention In Benami Transaction
The Hon'ble High Court of Madras in the case of First ITO vs. MR Dhanalakshmi Ammal 1978 ITR 413 held that the true test to determine whether the transaction is benami or not is to look into the intention of the parties ...
India
19 Jul 2019
14
Sessions Trial: Discharge Of The Accuses & Framing Of Charges
When pursuant to a commitment of the case under Section 209 of the Code of Criminal Procedure, 1973 (Cr.P.C.) the accused is brought before the Court of Session the prosecutor has to open his case by describing the ...
India
19 Jul 2019
15
Admissibility & Evidentiary Value of Electronic Records
This need to change has been very well recognized by the courts as well as the legislature in India.
India
12 Jul 2019
16
Evidentiary Value Of Bank Records
Section 34 of the Indian Evidence Act 1872 elucidates that books of accounts, including Bank records, which are maintained in the daily course of business in electronic form or otherwise are relevant ...
India
9 Jul 2019
17
Attachment Of Properties In Foreign Jurisdiction Under PMLA
The scope of S. 2(1)(u) of PMLA was further expanded by the Finance Act, 2018.
India
19 Jun 2019
18
Offence Of Cross- Border Implications Under PMLA
The offence of cross-border implications has been defined u/s 2(1)(ra) of The Prevention of Money Laundering Act, 2002 (hereinafter, PMLA).
India
19 Jun 2019
19
Process Of Attachment Of Benami Property And Its Adjudication Under Benami Transactions (Prohibition) Amendment Act, 2016
Process Of Attachment Of Benami Property And Its Adjudication Under Benami Transactions (Prohibition) Amendment Act, 2016
India
13 Jun 2019
20
FIR & ECIR Under PMLA: Before Or After, The Confusion
The offence of Money Laundering has been defined u/s 3 of the Prevention of Money Laundering Act, 2002 (hereinafter, PMLA) as an act where:
India
12 Jun 2019
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