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Supreme Court of India

SC quashes Gujarat Notification exempting factories from paying overtime during lock down

October 11, 2020 1641 Views 0 comment Print

Gujarat Mazdoor Sabha & Anr. Vs. The State of Gujarat (Supreme Court) Facts- The Gujarat Government, on 17th April 2020, issued a notification under section 5 exempting all the factories from various provisions relating to weekly hours, daily hours, intervals for rest etc. for adult workers during the period 20th April 2020 till 19th July […]

SC: Right to compassionate appointment especially to provide successor to a needy family cannot be granted inherently.

October 8, 2020 4725 Views 0 comment Print

There could not be any inherent right to compassionate appointment but rather, it was a right based on certain criteria, especially to provide successor to a needy family. This has to be in terms of the applicable policy as existing on the date of demise, unless a subsequent policy was made applicable retrospectively. 

SC explains Territorial jurisdiction in a cheque bouncing case

October 8, 2020 67995 Views 0 comment Print

Supreme Court states that as per section 142(2)(a) of the Negotiable Instrument Act, the court within whose jurisdiction the branch of the bank where the payee maintains the account is situated, will have jurisdiction to try the offence, if the cheque is delivered for collection through an account.

Employer liable, under Motor Vehicles Act, if permits driver to drive with an expired license: SC

October 5, 2020 2829 Views 0 comment Print

Bell Ram Vs Rajinder Kumar & Anr. (Supreme Court) 1. The sole question of law for consideration in the present appeals is whether in case of a valid driving licence, if the licence has expired, the insured is absolved of its liability. 2. The facts are in a very narrow compass. The first respondent herein, […]

Notification cannot have retrospective effect unless authorised by statue: SC

October 2, 2020 22539 Views 0 comment Print

Union of India & Ors. Vs M/s G S Chatha Rice Mills & Anr. (Supreme Court) In the context of the Customs Act, and having regard to the Scheme, which, in the case of import duty, consists of filing of Bill of Entry for home consumption, self-assessment and payment of duty on the basis of […]

SC allows withdrawal of Appeal for mere Excise Component under SVLDR Scheme, 2019

September 27, 2020 750 Views 0 comment Print

The issue under consideration is whether petitioner’s request to withdraw appeal in respect of the excise component under Sabka Vishwas (Legacy Dispute Resolution) (SVLDR) Scheme, 2019 can be accepted by the court?

Judicial review should not be exercised virtually as a continuous oversight of DA’s functions: SC

September 22, 2020 672 Views 0 comment Print

Designated Authority & Ors. Vs. Andhra Petrochemicals Ltd. (Supreme Court) Access to judicial review is a valuable right conferred upon citizens and persons aggrieved; the Constitution arms the High Courtsand this court with powers under Articles 226 and 32. At the same time, barring exceptional features necessitating intervention in an ongoing investigation triggered by a […]

SC on 44 year old case & need for Vibrant system of Advance Ruling

September 21, 2020 948 Views 0 comment Print

Supreme Court (SC) on Forty-Four year old case and need for Vibrant system of Advance Ruling Recently, Supreme Court delivered its verdict in a Forty-Four (44) year old pending case in case of National Co-operative Development Corporation. While the interesting part of the judgment is the Two Postscripts penned down by Justice Kaul but let’s […]

National co-op development corporation Vs. CIT- SC decides 44 years Old dispute

September 17, 2020 3177 Views 0 comment Print

National Co-Operative Development Corporation Vs. CIT (Supreme Court) The factual matrix: 1. The appellant-Corporation, National Co-operative Development Corporation, was established under the National Cooperative Development Corporation Act, 1962 (hereinafter referred to as the ‘NCDC Act’). 2. The functions of the appellant-Corporation are set out in Section 9 of the NCDC Act, which is, inter alia, […]

Service Tax Levied on Charges Collected for Supply of Pipes & Measuring Equipment

September 17, 2020 1653 Views 0 comment Print

The issue under consideration is whether service tax will be levied on the charges collected by the Adani Gas Ltd for supply of pipes and measuring equipment to its customers u/s 65(105)(zzzzj) of the Finance Act, 1994?

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