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Supreme Court of India

Take Stern against anyone violating Covid Guidelines & SOPs: SC

December 18, 2020 939 Views 0 comment Print

Despite the Guidelines and SOPs issued, for lack of implementation the Pandemic has spread like wild fire. A strict and stern action should be taken against those who are violating the Guidelines and SOPs, whoever he may be and whatever position the violator is occupying.

Law on Delay Condonation does not differentiate between Government & private party: SC

December 18, 2020 3705 Views 1 comment Print

Deputy Conservator Of Forests Vs. Timblo Irmaos Ltd. & Ors. (Supreme Court) The law on Delay Condonation does not differentiate between Government & private party- Mst. Katiji & Ors., AIR 1987 SC 1353 out dated due to technological advancements. The Apex Court has been repeatedly reiterating that the Government cannot take the plea of differential […]

SC Stays Delhi HC order which allowed GSTR-3B rectification

December 17, 2020 11217 Views 0 comment Print

Union Of India Vs. Bharti Airtel Ltd. & Ors. (Supreme Court) Hon’ble Supreme Court has stayed Delhi High Court  Order in the case of Bharti Airtel Limited Vs Union of India & Ors. by which High Court allowed Form GSTR-3B rectification. Matter will list in the first week of March, 2021 for final disposal. Earlier […]

Gratuity can be withheld to recover dues from retired employee: SC

December 15, 2020 9201 Views 0 comment Print

Steel Authority of India Ltd. Vs Raghbendra Singh & Ors. (Supreme Court) Supreme Court held that gratuity money of an employee can be withheld and forfeited in case of recovery of dues such as overstaying in official accommodation. FULL TEXT OF THE SUPREME COURT JUDGMENT We have heard learned senior counsel for the petitioner and […]

Company dissolution may be set aside within 2 Years from the date of Dissolution

December 15, 2020 4191 Views 0 comment Print

It was held that Where a company has been dissolved, such dissolution may be set aside within a period of two years from the date of such dissolution under section 356 of the Companies Act, 2013.

SC dismisses application alleging cartelization & anti-competitive practices by Uber & Ola

December 15, 2020 939 Views 0 comment Print

SC held that Ola and Uber did not facilitate cartelization or anti-competitive practices between drivers as the drivers were independent individuals who acted independently of each other, therefore, section 3 of the CCI Act would not apply. 

Disputes to be Adjudicated by DRT Under DRT Act are Non-Arbitrable: SC

December 14, 2020 8979 Views 0 comment Print

Vidya Drolia And Others Vs Durga Trading Corporation (Supreme Court of India) Section 43(1) of the Arbitration Act states that the Limitation Act, 1963 shall apply to arbitrations as it applies to court proceedings. Sub-section (2) states that for the purposes of the Arbitration Act and Limitation Act, arbitration shall be deemed to have commenced […]

Routine delays caused by business exigencies not covered by force majeure

December 14, 2020 1743 Views 0 comment Print

DLF Home Developers Ltd. Vs Capital Greens Flat Buyers Association Etc. (Supreme Court of India) Supreme Court has upheld the findings of the NCDRC to hold that the “delay in the approval of building plans is a normal incident of a construction project. A developer in the position of the appellant would be conscious of […]

If there is a breach by landowner of his obligations, the builder will have to approach a civil court : SC

December 12, 2020 11985 Views 0 comment Print

Bunga Daniel Babu Vs Sri Vasudeva Constructions & Ors (Supreme Court) The decision in Faqir Chand Gulati (supra), we are disposed to think, requires appropriate appreciation. Be it noted, it is relatable to a stage where the amended definition had not come into existence. Despite the same, it is noticeable that the principles laid down […]

SC reprimands practice of pronouncing Final Orders without passing detailed & reasoned judgments

December 11, 2020 2892 Views 0 comment Print

Oriental Insurance Co. Ltd. Vs.Zaixhu Xie & Ors. (Supreme Court) Apex Court reprimands the practice of pronouncing Final Orders without passing detailed & reasoned judgments It is common knowledge that the Courts sometimes pronounce final orders at the time of hearing of the case but do not pass detailed & reasoned judgements immediately thereafter. Such […]

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