Supreme Court of India

Client not bound by concession in law contrary to statutory rules made by his lawyer before a judicial authority

Director of Elementary Education, Odisha & Ors. Vs Pramod Kumar Sahoo (Supreme Court)

Director of Elementary Education, Odisha & Ors. Vs Pramod Kumar Sahoo (Supreme Court) We have heard learned counsel for the parties and find that the distinction between Trained Matric Teacher and Untrained Matric Teacher has not been appreciated by the Tribunal and the same error was committed by the High Court as well. The concessio...

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Arbitration Act: Additional evidence cannot be permitted in Section 34 proceedings: SC

M/s. Canara Nidhi Limited Vs M. Shashikala And Others (Supreme Court)

M/s. Canara Nidhi Limited Vs M. Shashikala And Others (Supreme Court) Conclusion: Since proceedings under Section 34 were summary proceedings and was not in the nature of a regular suit and in the arbitration proceedings, the parties had sufficient opportunity to adduce oral and documentary evidence, therefore, there was no necessity of a...

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Section 7 Application under IBC governed by Article 137 of Limitation Act: SC

Gaurav Hargovindbhai Dave Vs Asset Reconstruction Company (India) Ltd.& Anr. (Supreme Court)

NCLT reached the conclusion that since the limitation period was 12 years from the date on which the money suit has become due, the aforesaid claim was filed within limitation and hence admitted the Section 7 application. The NCLAT vide the impugned judgment held, following its earlier judgments, that the time of limitation would begin ru...

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Section 138 NI Act: Legal Heirs Can Challenge Conviction of deceased Convict

M. Abbas Haji Vs. T.N. Channakeshava (Supreme Court of India)

The legal heirs, in such a case, are neither liable to pay the fine or to undergo imprisonment. However, they have a right to challenge the conviction of their predecessor only for the purpose that he was not guilty of any offence....

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Service Tax or Vat cannot be levied on Incorporated Club/ Association: SC

State of West Bengal & Ors. Vs Calcutta Club Limited (Supreme Court of India)

Hon'ble Supreme court, upheld the judgment or Ranchi club (Majorly Mutuality Concept). Explanation provided in the law doesn't apply on incorporated bodies. Held that NEITHER SERVICE TAX NOR VAT can be levied on incorporated club/ Associations. I am sure going to impact taxability in GST era too....

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Chief Judicial Magistrate can entertain secured creditor application under SARFAESI Law: SC

The Authorised Officer, Indian Bank Vs D. Visalakshi and Anr. (Supreme Court of India)

Chief Judicial Magistrate (CJM) was equally competent to deal with the application moved by the secured creditor under Section 14 of the SARFAESI Act as substitution of functionaries (CMM as CJM) qua the administrative and executive or so to say non-­judicial functions discharged by them in light of the provisions of Code of Criminal Pro...

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SC dismisses IL&FS Petition against La-Fin on being time-barred

Jignesh Shah & Anr. Vs Union of India & Anr. (Supreme Court of India)

Winding up petition filed in October 2016 by IL&FS Financial Services Ltd. against La-Fin before the Bombay High Court which was transferred to the NCLT with respect to the alleged default by La-Fin in not complying with its undertaking to buy back 442 lakh equity shares of MCX-SX (a group company of La-Fin) from IL&FS  in August 2012 wa...

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Appellate authority cannot reduce or waive 25% pre-deposit u/s 62(5) of Punjab VAT: SC

M/s Tecnimont Pvt. Ltd. Vs State of Punjab & Others (Supreme Court of India)

M/s Tecnimont Pvt. Ltd. Vs State of Punjab & Others (Supreme Court) In this case Supreme Court reversed the decision of Punjab and Haryana High Court in the case of PSPCL ltd Vs state of Punjab wherein the HC had held that appellate authority can in appropriate cases reduce or waive 25% of pre-deposit u/s […]...

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Refund claim not maintainable if no appeal filed against assessment order on Bill of Entry: SC

ITC Limited Vs Commissioner of Central Excise (Supreme Court of India)

ITC Limited Vs Commissioner of Central Excise (Supreme Court) As the order of self ­assessment is nonetheless an assessment order passed under the Act, obviously it would be appealable by any person aggrieved thereby. The expression ‘Any person’ is of wider amplitude. The revenue, as well as assessee, can also prefer an appeal ag...

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Sec. 138 NI Act Proceedings cannot be quashed for mere non service of notice within Statutory Period

Kishore Sharma Vs Sachin Dubey (Supreme Court of India)

Kishore Sharma Vs Sachin Dubey (Supreme Court of India) The present appeal takes exception to the order dated 15th November, 2018 passed by the High Court of Madhya Pradesh, Indore Bench, thereby it allowed the application filed by the respondent for quashing of proceedings instituted against him under Section 138 of the Negotiable Instru...

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