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Supreme Court of India

SC issues notice on continuance of prosecution despite payment of Income Tax with Penalty & Interest

November 20, 2020 966 Views 0 comment Print

Union of India Vs Prabir Kumar Shaw & Anr. (Supreme Court) Learned counsel for the petitioner contends that merely because the penalty and tax have been paid, the prosecution under Sections 276C, 277 and 278B of the Income Tax Act could not have been quashed. He further submits that similar issues are already under consideration […]

Provisional bank account attachment during pendency of Section 67 search proceedings – SC stays Gujarat HC decision

November 16, 2020 1530 Views 0 comment Print

Supreme Court has stayed the Gujarat High Court decision in the case of Kushal Ltd. v. Union of India, wherein the High Court had set aside the provisional attachment of the bank account of the assessee observing that there was absence of pendency of any proceedings under Section 62, 63, 64, 67, 73 or 74 of the CGST Act, 2017.

Availability of alternate remedy is no bar in entertaining a complaint under Consumer Protection Act, 1986

November 15, 2020 8972 Views 0 comment Print

Imperia Structures Ltd. Vs Anil Patni and Another (Supreme Court) Section 79 of the RERA Act bars jurisdiction of a Civil Court to entertain any suit or proceeding in respect of any matter which the Authority or the adjudicating officer or the Appellate Tribunal is empowered under the RERA Act to determine. Section 88 specifies […]

Remedy u/s 14 of SARFAESI Act not rendered redundant if District Magistrate unable to handover possession

November 14, 2020 13743 Views 0 comment Print

C. Bright Vs District Collector & Ors. (Supreme Court) Whether the time limit of 30 days which is further extendable by a further period 30 days for a District Collector to secure the possession of a secured asset is mandatory or directory? The challenge in the present appeal is to an order passed by the […]

Retired employee can file his case at the place where he belongs or was getting pension

November 12, 2020 17496 Views 1 comment Print

Shanti Devi Alias Shanti Mishra Vs Union of India & Ors. (Supreme Court of India) A retired employee can prosecute his case at the place where he belonged to and was getting pension The deceased petitioner was continuously receiving pension for the last 08 years in his saving bank account in State Bank of India, […]

Order blacklisting beyond 3 years or maximum of 5 years was disproportionate

November 12, 2020 4305 Views 0 comment Print

Vetindia Pharmaceuticals Limited Vs State of Uttar Pradesh and Another (Supreme Court of India) An order of blacklisting operates to the prejudice of a commercial person not only in praesenti but also puts a taint which attaches far beyond and may well spell the death knell of the organisation/institution for all times to come described […]

Premature Disclosure of Pending tax Investigation to Media Not Justified in Law

November 8, 2020 492 Views 0 comment Print

The issue under consideration is whether the proceedings of enquiry/investigation undertaken at the airports without keeping it confidential and premature disclosure to the media (print/electronic) is justified in law?

Criminal trial verdict does not conclude disciplinary proceedings

November 6, 2020 1281 Views 0 comment Print

The State of Rajasthan & Ors. Vs Heem Singh (Supreme Court of India) In the present case, the respondent was acquitted of the charge of murder. The circumstances in which the trial led to an acquittal have been elucidated in detail above. The verdict of the criminal trial did not conclude the disciplinary enquiry. The […]

SC frames comprehensive guidelines to govern payment of maintenance in matrimonial cases

November 4, 2020 3135 Views 0 comment Print

Rajnesh Vs Neha & Anr. (Supreme Court) (i) The present Criminal Appeal arises out of an application for Interim Maintenance filed in a petition u/S. 125 Cr.P.C. by the Respondent-wife and minor son. The Respondent No.1-wife left the matrimonial home in January 2013, shortly after the birth of the son-Respondent No.2. On 02.09.2013, the wife […]

No Change in CA Exam Schedule- SC satisfied with ICAI clarification

November 4, 2020 4533 Views 0 comment Print

During the course of hearing, ICAI informed the Hon’ble Court that it had verified the position from the concerned examination centres and was informed by the said examination centres that they are not falling in any containment zones.

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