Supreme Court of India

Committee of Creditors cannot approve resolution plan proposed by an applicant barred u/s 29A: SC

Bank of Baroda &

Bank of Baroda & Anr. Vs MBL Infrastructures Limited & Ors. (Supreme Court of India) Facts- Corporate insolvency resolution process was initiated against respondent No. 1. Two resolution plans were received by the resolution professional (respondent no. 2). Committee of creditors decided seeking an appropriate resolution plan ...

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Claimant needs to satisfy all eligibility criteria/conditions of exemption notification: SC

State of Gujarat Vs Arcelor Mittal Nippon Steel India Limited  (Supreme Court of India)

The person claiming the exemption has to fulfil and satisfy all the eligibility criteria/conditions mentioned in the exemption notification. The respondent (ESL) was not eligible at all for exemption from payment of purchase tax as in fact power generating companies (EPL) were put in the list of ‘ineligible industries’. Therefore, by ...

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Arbitrator is the final arbiter of the disputes between the parties: SC

Atlanta Limited Vs Union of India (Supreme Court of India)

The Arbitrator is the final arbiter of the disputes between the parties and it is not open to a party to challenge the Award on the ground that he has drawn his own conclusions or has failed to appreciate certain facts....

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SC guidelines for payment of ex gratia of Rs 50000 to families of those who died due to Covid-19

Gaurav Kumar Bansal Vs Union of India and others (Supreme Court of India)

Hon’ble Supreme Court has made clear that irrespective of the cause of death mentioned in the death certificate, if a family member satisfies the eligibility criteria mentioned in paragraphs 11(i) to 11(iv) as above shall also be entitled to the ex-gratia payment of Rs. 50,000/- on production of requisite documents as observed hereinabo...

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Daughter entitled to inherit self-acquired property of her father: SC

Arunachala Gounder (Dead) By Lrs. Vs Ponnusamy and Ors. (Supreme Court of India)

The Supreme Court on Thursday said the daughters of a male Hindu dying without a will would be entitled to inherit self-acquired and other properties obtained in the partition by the father....

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No penalty for non-transportation of goods within validity of E way bill due to agitation & blocked traffic: SC

Assistant Commissioner (ST) & Ors. Vs Satyam Shivam Papers Pvt. Limited (Supreme Court of India)

SC held that, tax evasion cannot be presumed on mere non-extension of validity of e-way bill by the assessee due to traffic blockage and agitation, for which the Revenue Authority is responsible for not providing smooth passage of traffic. Further, imposed a sum of INR 69,000/- on the Revenue Department towards the cost payable to the ass...

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Subordinate Legislation in the form of Statutory Rules is a ‘law’ U/s. 23 of Indian Contract Act: SC

G.T. Girish Vs Y. Subba Raju (D) By LRs (Supreme Court of India)

G.T. Girish Vs Y. Subba Raju (D) By LRs (Supreme Court of India) 1. Leave granted. 2. The appellants are defendant 1(a), defendant 1(b) and second defendant in a Suit filed for specific performance. Defendant 1(a) and Defendant 1(b) have filed SLP(C)No.6858/2017 while defendant No.2 has filed SLP(C)No.6857/2017. The Trial Court while refu...

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SC to examine if Dismissal of Writ for Delay Can Come in Way for Party to File another Plea Involving Similar Contention

Apollo Tyres Ltd. Vs ACIT (Supreme Court of India)

Apollo Tyres Ltd. Vs ACIT (Supreme Court of India) Learned counsel for the petitioner submits that the High Court had non-suited the petitioner merely because of the rejection of the earlier writ petition involving similar contention. The petitioner, however, is relying on the decisions of other High Courts, as noted in paragraph 5 of the...

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Acquittal in a Criminal Trial has no Bearing or Relevance on Disciplinary Proceedings: SC

Maharashtra State Road Transport Corporation Vs Dilip Uttam Jayabhay (Supreme Court of India)

Maharashtra State Road Transport Corporation Vs Dilip Uttam Jayabhay (Supreme Court of India) Therefore, the short question which is posed for the consideration of this Court is whether in the facts and circumstances of the case the punishment of dismissal can be said to be an unfair labour practice on the ground that the same […]...

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An Insurer cannot Repudiate a claim by citing Existing Medical Condition- SC

Manmohan Nanda Vs. United India Assurance Co. Ltd. (Supreme Court of India)

On the disclosures made by the appellant with regard to his existing disease, namely diabetes mellitus II, the insurance company considered the same and issued the policy in question to the appellant. The respondent insurance company as a prudent insurer considered the details given by the appellant in the proposal form and issued the pol...

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January 2022