Supreme Court of India

Can Set Aside Domestic Award, If Irrational And Perverse: SC

Patel Engineering Ltd. Vs North Eastern Electric Power Corporation Ltd. (“NEEPCO”) (Supreme Court)

An arbitral tribunal must decide in accordance with the terms of the contract, but if an arbitrator construes a term of the contract in a reasonable manner, it will not mean that the award can be set aside on this ground. Construction of the terms of a contract is primarily for an arbitrator to decide unless the arbitrator construes the c...

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Constitutional validity of clause (f) of Section 43B of Income Tax Act, 1961

Union of India & Ors. Vs Exide Industries Limited & Anr. (Supreme Court)

The real crux of the case is understanding of Section 43B of the Act and object of legislation behind inserting clause (f) to Section 43B of the Act which has been very clearly explained in detail. Court also stated that that mere inclusion of clause (f) to Section 43B of the Act will not put an embargo or restrictions on the assessee to ...

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Purchase Tax payable on Purchase of Empty Bottles from unregistered dealers by Beer/IMFL Manufacturers: SC

Commercial Tax Officer & Anr. Vs Mohan Brewaries and Distrilleries Ltd. (Supreme Court)

Commercial Tax Officer & Anr. Vs Mohan Brewaries and Distrilleries Ltd. (Supreme Court) Appeal filed by the revenue (Civil Appeal No. 7164 of 2013) is partly allowed by holding that the purchase turnover of the empty bottles purchased by the assessee from the unregistered dealers under bought note is exigible to purchase tax under Sec...

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SC to ICAI: Be Flexible on CA Exam ‘Opt Out’ Option

Anubha Shrivastava Sahai Vs The Institute Of Chartered Accountants of India (ICAI) & Ors. (Supreme Court)

Anubha Shrivastava Sahai Vs ICAI & Ors. (Supreme Court) As per sources During the hearing SC said to ICAI that those students who have not opted out can appear for ICAI exam, but those who cannot appear although not opted out should be considered as an opt out student and be adjusted in November. Advocate […]...

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Bench must refrain from making any uncharitable observation on a decision: SC

S. Kasi Vs State (Supreme Court)

S. Kasi Vs State (Supreme Court ) Learned Single Judge in the impugned judgment erred in holding that the lockdown announced by the Government of India is akin to the proclamation of Emergency. The view of the learned Single Judge that the restrictions, which have been imposed during period of lockdown by the Government of […]...

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SC explains Scope of Challenge against Enforcement of Award under Section 48(1)(B)

Centrotrade Minerals and Metal Inc. Vs. Hindustan Copper Ltd. (Supreme Court of India)

The Court herein has settled that when the party has been given enough opportunity accorded to them and has failed to take advantage of the same during the arbitral proceedings, it cannot later go on to say that fair hearing was not given to the party....

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Agricultural land even by will cannot be transferred to non-agriculturists: SC

Vinodcharndra Sakarlal Kapadia Vs State of Gujarat (Supreme Court)

An agriculturist could not part his agricultural land to a non-agriculturist through a Will and the prohibition against transfers of holding without the previous sanction of the concerned authorities was to be seen in that light as furthering the cause of legislation....

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SC: Person in whose name vehicle stands registered on date of accident is ‘Owner’ entitled to Insurance Claim

Surendra Kumar Bhilawe vs. New India Assurance Company Limited (Supreme Court)

Surendra Kumar Bhilawe vs. New India Assurance Company Limited (Supreme Court) The Supreme Court in the case of Surendra Kumar Bhilawe vs. The New India Assurance Company Limited  in Civil Appeal no 2632 of 2020 decided recently on 18 June 2020 has held that the person in whose name the motor vehicle stands registered would […]...

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SC grants controlled discretion to Adjudicating Officer | Section 15J | SEBI Act

Adjudicating Officer Vs Bhavesh Pabari (Supreme Court India)

SC grants controlled discretion to Adjudicating Officer under Section 15J of The SEBI Act The Supreme Court of India ruled in Adjudicating Officer, SEBI v. Bhavesh Pabari (Bhavesh Pabari) granting back the discretionary power to Adjudicating Officer (AO) under supervision and scrutiny of the court. It overruled its previous decision...

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SC stays Delhi HC decision in case of Brand Equity -Transitional credit

Union of India Vs Brand Equity Treaties Limited & Ors. (Supreme Court)

Supreme Court has stayed Delhi HC decision in case of Brand Equity Treaties Limited Vs Union Of India which permitted the assessee to file Form Tran-1 on or before June 30, 2020....

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