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Supreme Court of India

Daughter in law has right to stay in a suit property or not to be decided on basis of evidence

November 3, 2020 17277 Views 0 comment Print

Satish Chander Ahuja Vs Sneha Ahuja (Supreme Court) Conclusion: Suit filed in civil court for mandatory and permanent injunction was fully maintainable and the issues raised by assessee-father-in-law as well as by daughter-in-law claiming a right under Section 19 were to be addressed and decided on the basis of evidence, which was led by the […]

SC transfers to itself petitions challenging IBC provisions on personal guarantors

October 31, 2020 1077 Views 0 comment Print

IBBI Vs Lalit Kumar Jain & Ors. (Supreme Court) We are of the considered opinion that the Writ Petitions that are pending in the High Courts pertaining to the challenge to the Notification dated 15.11.2019 and related issues have to be transferred to this Court. Transfer of the Writ Petitions to this Court would avoid […]

SC grants to Move Representation Seeking Exemption from GST on Disability Aids with GST Council

October 31, 2020 1056 Views 0 comment Print

The petition is filed to seek exemption from GST on Disability aids i.e mobility services. Hence, the Supreme Court granted liberty to the petitioner to move a representation with the GST council for no GST on disability products.

Frame Video Conferencing Rules: SC direct High Courts

October 30, 2020 537 Views 0 comment Print

SC has directed those HC that have not framed Video Conferencing Rules, shall do so having regard to the circumstances prevailing in the State. Till such Rules are framed, the HC may adopt the model Video Conferencing Rules provided by the E-Committee, SC of India to all the Chief Justices of the HC.

No section 68 Addition for URD Purchase supported with Strong Evidences

October 23, 2020 2073 Views 0 comment Print

The issue under consideration is whether claim to purchase of goods by the assessee could be dealt with u/s 68 of the Income Tax as a cash credit, by placing burden upon the assessee to explain that the purchase price does not represent his income from the disclosed sources?

SC explains Infraction of principles of natural justice & Validity of orders passed

October 23, 2020 21816 Views 0 comment Print

State of U.P. Vs Sudhir Kumar Singh and Ors. (Supreme Court) (1) Natural justice is a flexible tool in the hands of the judiciary to reach out in fit cases to remedy injustice. The breach of the audi alteram partem rule cannot by itself, without more, lead to the conclusion that prejudice is thereby caused. […]

Stay of Demand automatically expires within Period of 6 Months unless Extension is granted for Good Reason

October 21, 2020 7452 Views 1 comment Print

The issue under consideration is whether the stay of demand granted for 6 months can automatically extend beyond 6 months without any order?

SC dismisses PIL against alleged Mis-utilisation of Funds Lying in NCEF

October 21, 2020 426 Views 0 comment Print

In the Instant case the PIL has been filed by the Petitioner in public interest against the diversion and misutilization of the funds lying in the National Clean Energy Fund (NCEF) in front of Supreme Court.

SC imposes cost of Rs. 25000 on officer for delay of 663 days in appeal filing

October 15, 2020 678 Views 0 comment Print

The State of Madhya Pradesh & Ors. Vs Bherulal (Supreme Court of India) The Special Leave Petition has been filed with a delay of 663 days. We have raised the issue that if the Government machinery is so inefficient and incapable of filing appeals/petitions in time, the solution may lie in requesting the Legislature to […]

Liquidation of Corporate Debtor should be last resort; SC Stays auction of properties of Corporate Debtor

October 15, 2020 3462 Views 0 comment Print

Kridhan Infrastructure Pvt. Ltd. (Now Known As Krish Steel And Trading Pvt. Ltd) Vs. Venkatesan Sankaranaayan & Ors. (Supreme Court) SC held that Liquidation of the Corporate Debtor should be a matter of last resort. The IBC recognizes a wider public interest in resolving corporate insolvencies and its object is not the mere recovery of […]

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