Supreme Court of India

Arbitrator Appointment not possible if jurisdiction of Designated Officer cannot be invoked by both parties to dispute

South Delhi Municipal Corporation Vs South Delhi Municipal Corporation (Supreme Court of India )

The agreement between the parties provides the competent officer and the Commissioner with supervisory control over the execution of work and administrative control over it from time to time and thus to prevent disputes. The intention is not to provide for a forum for resolving disputes. Thus, no Arbitrator could have been appointed by th...

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Working as Asst CS/ Management Trainee cannot be considered as equal to CS

Ritu Bhatia Vs Ministry Of Civil Supplies consumer Affairs & Public Distribution And Others (Supreme Court of India)

Working experience as an Assistant Company Secretary or a Management Trainee cannot be treated as equal to a Company Secretary so as to become eligible for the post of Company Secretary....

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SC order on resolution plan for Kamineni Steel & Power

K. Sashidhar Vs Indian Overseas Bank & Ors. (Supreme Court of India)

K. Sashidhar Vs Indian Overseas Bank & Ors. (Supreme Court of India) In the present case, however, we are concerned with the provisions of I&B Code dealing with the resolution process. The dispensation provided in the I&B Code is entirely different. In terms of Section 30 of the I&B Code, the decision is taken collectively...

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Linkage of PAN with Aadhar is mandatory from AY 2019-20 : SC

Union Of India & Ors. Vs Shreya Sen & Anr. (Supreme Court of India)

Thereafter, this Court has decided the matter and upheld the vires of section 139AA of the Income Tax Act. In view thereof, linkage of PAN with Aadhar is mandatory....

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SC directs Rajeev Kumar, CP, Kolkata to appear before CBI (Read Order)

Subrata Chattoraj Vs Union of India & Ors. (Supreme Court of India)

Having heard learned counsels for the parties, we direct Shri Rajeev Kumar, Commissioner of Police (CP), Kolkata to appear and make himself available before the investigating agency, namely, the Central Bureau of Investigation (C.B.I.) and to faithfully cooperate with the investigating agency at all times....

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SC explains Effect of repeal of a statute u/s 6 of General Clauses Act on pending proceedings

Sushila N. Rungta Vs TRO (Supreme Court)

Sushila N. Rungta Vs TRO (Supreme Court) What has been argued by Mr. R. Venkataramani, learned senior counsel appearing on behalf of the appellant, is that considering that the Gold Control Act itself has been repealed without a saving clause, Section 6 of the General Clauses Act would not apply for the reason that the […]...

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SC upheld Constitutional Validity of various provisions of Insolvency & Bankruptcy Code

Swiss Ribbons Pvt. Ltd. & Anr Vs Union of India & Ors. (Supreme Court of India)

Swiss Ribbons Pvt. Ltd. & Anr Vs Union of India & Ors. (Supreme Court of India) The Insolvency Code is a legislation which deals with economic matters and, in the larger sense, deals with the economy of the country as a whole. Earlier experiments, as we have seen, in terms of legislations having failed, ‘trial‘ […]...

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HC should have condoned delay in removing office objections : SC

CIT Vs M/s Reliance Industries Ltd. (Supreme Court of India)

CIT Vs M/s Reliance Industries Ltd. (Supreme Court of India) The appeal was filed by the Department (appellant herein) before the High Court against the judgment of the Income Tax Appellate Tribunal (ITAT). However, the said appeal was defective and the appellant took abnormal time of 1371 days in removing those defects. An application fo...

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Compulsory acquisition vs. voluntary transfer of agricultural land- SC explains

Balakrishnan Vs Union of India & Ors (Supreme Court of India)

Balakrishnan Vs Union of India & Ors (Supreme Court of India) As far as the acquisition of the land was concerned, assessee had succumbed to the action taken by the Government in this behalf. He was put in such a condition that he knew that his land would be acquired and he could not reiterate […]...

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Court cannot direct Parliament to amend Section 80DD or any other Act

Ravi Agrawal Vs Union of India and Another (Supreme Court of India)

Ravi Agrawal Vs Union of India (Supreme Court of India) The Legislature has provided the condition that amount/annuity under the policy is to be released only after the death of the person assured. This is the legislative mandate. There is no challenge to this provision. The prayer is that Section 80DD of the Act be […]...

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