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A freelancer is a person who acts independently without being affiliated with or authorized by an organization and is thus distinguishable from part-time, full-time or contractual employees.

Supreme Court upholds ruling of Bombay High Court holding that Board of Control for Cricket in India is a ‘Shop’ under ESI Act.

CBIC issues guidelines for arrest and bail for offences punishable under the CGST Act 2017.

The Supreme Court of India held that pre-litigation mediation is mandatory. However the judgement will operate prospectively from 20.8.22. In para 84 the Supreme Court held as under:

“Having regard to all these circumstances, we would dispose of the matters in the following manner. We declare that Section 12A of the Act is mandatory and hold that any suit instituted violating the mandate of Section 12A must be visited with rejection of the plaint under Order VII Rule 11. This power can be exercised even suo moto by the court as explained earlier in the judgment. We, however,make this declaration effective from 20.08.2022”

Frivolous criminal actions against large corporations would give rise to adverse economic consequences for India in the long run.

Service tax cannot be levied on Composite Works Contracts prior to the introduction of the Finance Act, 2007

Entries in Books of Account/Balance sheet of a company can be treated as acknowledgement of liability in respect of debt payable to a financial creditor.

In such arrangement, the appointment which, in reality and in actual effect, is continuous, is artificially interjected by such facade or smoke screen of separate orders despite the fact that the work, for which the person is engaged, continues and the need for engaging the workman also continues. Such action of engaging the workman in such manner and then abruptly discontinuing the person, would not fall within the purview of clause (bb) of Section 2(oo) and such practice cannot get protection of the principle of fixed term appointment recognised by clause (bb) of Section 2(oo).

The owner of the vehicle is expected to verify the driving skills and not run to the licensing authority to verify the genuineness of the driving license before appointing a driver. Therefore, once the owner is satisfied, that the driver is competent to drive the vehicle, it is not expected from the owner thereafter to verify the genuineness of the driving license issued to the driver.