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Showing posts from May, 2023

Delhi Municipal Corp. elections to standing committee and power of mayor to re-scrutiny/ re-poll?

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    After Delhi municipal corporation elections, mayor/ RO called for meeting for purpose of election to standing committee. After this election, RO sent notice for re-poll on basis of re-scrutiny.   The dispute is with respect to candidate number 6 who according to the Mayor/RO should be Ms. Sarika Choudhary belonging to AAP and according to the petitioners Mr. Pankaj Luthra belonging to BJP. Hon’ble Delhi High Court held that [1] :   (i)              The scheme of the DMC Act, 1957 is as follows— Chapter II of the DMC Act, 1957 deals with the establishment of Corporations .   (ii)            Section 35(1) provides that a corporation shall at its first meeting in each year, elect one of its members to be the chairperson, who is known as the mayor and another member to be the Deputy Mayor of the corporation. Section 3 provides for the establishment of the municipal corporation. Sub-section 3 of Section 3 then indicates the composition of the corporation.   (iii)       

What is the timeline for Revenue Department to determine stamp duty on mergers and debenture conversions in Delhi?

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    Shubham Budhiraja [1] In case-1 , Scheme of amalgamation approved by the NCLT. Thereafter, application was made to Divisional commissioner, Revenue Department, GNCTD seeking adjudication of stamp duty but till date stamp duty payable has not been adjudicated. Hence, writ petition filed seeking directions to the commissioner for adjudication of stamp duty. In case-2 , company has converted debentures into shares. It seeks issuance of stamp paper for share certificate. But despite requests, the commissioner till date has not issued any challan for purchase of stamp paper. Because of this, company is unable to comply section 56(4) of the companies act, 2013. i.e. delivery of share certificate within prescribed time.   Because in both case-1 & case-2 , the scheme of stamp duty & debenture conversion deed, there is no pre-determined stamp duty, therefore application was filed under section 31 of Indian stamp act, 1899 for adjudication of proper stamp duty. Hon’ble De

Delhi v. Central Govt. - The battle of legislative competence

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  Who has control over the ‘services’ in the National capital territory of Delhi or the LG on behalf of the Govt? whether NCTD has the power to legislate under Entry 41 of the State List, and Meaning of the term “ in so far as any such matter is applicable to Union Territories ” in Article 239AA(3)(a).   Facts: 2015 Notification says LG can exercise control: (i)                  “ to the extent delegated to him from time to time by the President ” over “services” in addition to “ public order”, “police”, and “land .”   (ii)                 The Lieutenant Governor may seek the views of the Chief Minister of NCTD at his “discretion ”.   (iii)               The “ Services” are covered under Entry 41 of the State List of the Seventh Schedule to the Constitution. The 2015 notification excludes Entry 41 of the State List, which has as its subject, “State Public Services; State Public Services Commission”, from the scope of powers of GNCTD.     (iv)