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Supreme Court of India

Private Vehicle is Not A Public Place |Section 43 | NDPS Act | SC

April 16, 2021 3339 Views 0 comment Print

Boota Singh Vs State of Haryana (Supreme Court) The evidence in the present case clearly shows that the vehicle was not a public conveyance but was a vehicle belonging to accused Gurdeep Singh. The Registration Certificate of the vehicle, which has been placed on record also does not indicate it to be a Public Transport […]

SC issues Directions for Expeditious Trial of Cheque Bounce Cases | Section 138 | NI Act

April 16, 2021 2640 Views 1 comment Print

In Re Expeditious Trial of Cases Under Section 138 of N.I. Act 1881 (Supreme Court) 1) The High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints under Section 138 of the Act from summary trial to summons 2) Inquiry shall be conducted on receipt of […]

Liability shown in balance sheet can amount to acknowledgement of debt : SC

April 15, 2021 10350 Views 0 comment Print

Asset Reconstruction Company (India) Limited Vs Bishal Jaiswal & Anr. (Supreme Court) An exhaustive judgment of the Calcutta High Court in Bengal Silk Mills Co. v. Ismail Golam Hossain Ariff, 1961 SCC OnLine Cal 128 : AIR 1962 Cal 115 [“Bengal Silk Mills”] held that an acknowledgement of liability that is made in a balance […]

Interim orders of ‘not to arrest’ or ‘no coercive steps’ cannot be passed mechanically: SC

April 13, 2021 7392 Views 0 comment Print

Neeharika Infrastructure Pvt. Ltd. Vs State of Maharashtra (Supreme Court) FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER The principal issue which arises is when and where the High Court would be justified in passing an interim order either staying the further investigation in the FIR/complaint or interim order in the nature of ‘no coercive steps’ […]

Extinguishment of Liabilities Post Approval of Resolution Plan?

April 13, 2021 14295 Views 0 comment Print

Ghanashyam Mishra and Sons Private Ltd. Vs Edelweiss Asset Reconstruction Company Ltd. (Supreme Court of India) FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER In the case of Ghanashyam Mishra and Sons Pvt. Ltd. vs. Edelweiss Asset Reconstruction Company Limited & Ors.[1], the Hon’ble Apex Court held that once the resolution plan is approved by the Adjudicating […]

SC Bail – Extortion Payment Is Not Terror Funding

April 9, 2021 1086 Views 0 comment Print

Sudesh Kedia Vs Union of India (Supreme Court of India) 1. According to the prosecution, the Appellant was providing financial support to TPC and the material gathered during investigation discloses that the Appellant has committed offences under Section 17 of the Unlawful Activities (Prevention) Act. 2. The Appellant stated that the terror suspects contacted him […]

Refund of Inverted Duty on Input Services: SC to hear on 28th April Finally

April 8, 2021 3046 Views 0 comment Print

Union of India & Anr. Vs. The Quarry Owners Association & Ors. (Supreme Court of India) SC held on the issue of ‘ Validity of Refund of Inverted Duty on Input Services’ held that Since a large number of petitions are pending in the various High Courts on the same issue, it is appropriate that […]

Automatic vacation of stay order after expiry of 365 days is not permissible

April 6, 2021 5547 Views 0 comment Print

DCIT Vs Pepsi Foods Ltd. (Supreme Court of India) FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER The Hon’ble Supreme Court in DCIT v. Pepsi Foods Ltd. [Civil Appeal Nos. 1106 to 1139 of 2021 decided on April 6, 2021] has upheld the Hon’ble Delhi High Court’s verdict of partially striking down third proviso to Section […]

Business Run by Karta of HUF Cannot Be presumed to be Joint Family Business: SC

April 5, 2021 7602 Views 0 comment Print

Kiran Devi Vs The Bihar State Sunni Wakf Board & Ors. (Supreme Court) 1. Supreme Court on Hindu Undivided Family, there cannot be any Presumption That Business Run By Karta In Tenented Premise Is Joint Family Asset. 2. The contract of tenancy is an independent contract than the joint Hindu family business. 3. Just because […]

Section 7 IBC- Action can be taken against Corporate Guarantor for Loan to Non-Corporate principal borrower: SC

March 26, 2021 10593 Views 0 comment Print

Laxmi Pat Surana Vs Union Bank of India (Supreme Court) The fact that the principal borrower had availed of credit/loan and committed default and that the (corporate) guarantor/corporate debtor had offered guarantee in respect of the loan account is not disputed. What is urged by the appellant is that the acknowledgment of liability to pay […]

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