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Supreme Court of India

SC Overrides Agreement while Compensating Flat Buyer for delayed possession

August 24, 2020 46665 Views 2 comments Print

Delays and defaults are common in real estate development. The Flat buyers are usually left in the lurch where the Developer delays the delivery of the constructed units incessantly. This prompted the government to enact Real Estate (Regulation and Development) Act, 2016.

SC allows CBI probe into Sushant Singh Rajput Death Case

August 19, 2020 612 Views 0 comment Print

Rhea Chakraborty Vs State of Bihar & Ors. (Supreme Court) Supreme Court in a deserving case, can invoke Article 142 powers to render justice. The peculiar circumstances in this case require that complete justice is done in this matter. How this is to be achieved must now be decided. As noted earlier, as because both […]

Any additional payment over & above invoice value includible in transaction value: SC

August 19, 2020 624 Views 0 comment Print

Commissioner of Central Excise, Customs And Service Tax Vs. Cera Boards And Doors (Supreme Court) In fine, these appeals are disposed of, confirming the impugned orders of CESTAT setting aside the Orders ­in­Original passed by the Adjudicating Authorities and remanding the matters back for re­adjudication. However, while carrying out the exercise of re­adjudication, the Adjudicating […]

SC Refuses to transfer Money from PM CARES Fund to NDRF

August 18, 2020 588 Views 0 comment Print

The issue under consideration is whether the Supreme court will grant permission for transferring the money collected in PM Cares fund to the National Disaster Relief Fund?

Analysis of SC judgment in the case of Babulal Vardharji Gurjar

August 14, 2020 4431 Views 0 comment Print

Babulal Vardharji Gurjar Vs Veer Gurjar Aluminium Industries Pvt. Ltd. & anr. (Supreme Court) While setting aside the Order dated 14th May, 2019 of the NCLAT in Company Appeal (AT) Insolvency No. 549 of 2018 and Order dated 9th August, 2018 of the National Company Law Tribunal, Mumbai Bench in CP(IB)-488/I&BP/MB/2018, on the ground that […]

Daughters have Equal rights to inherit ancestral property even if born prior to 9.9.2005: SC

August 11, 2020 11787 Views 1 comment Print

Equality reaffirmed by the Supreme Court in a recent judgement delivered on August 11, 2020. It has been held that a daughter will have a share under the Hindu Succession (Amendment) Act, 2005, irrespective of whether her father was alive or not at the time of the amendment.

SC dismisses plea challenging exclusion of CM Relief Fund from CSR

August 10, 2020 1689 Views 0 comment Print

The Supreme Court dismissed the petition filed by the assessee challenging decision of Central Government to excluding Chief Minister’s Relief Fund from the purview of Corporate Social Responsibility (CSR).

Contingent Clause in Rent Deed to Increase Rent each Year

August 8, 2020 12600 Views 0 comment Print

Recently, in a matter of Civil Appeal No. 2617 of 2020, the Supreme Court, vide their judgment dated 17th June, 2020,  has observed that where a rent deed contains a contingent clause which binds the tenant to increase the rent by certain percentage each year, it cannot be read to mean that the tenancy was for a period of more than one year.

Supreme Court Judgment on Disallowance under Section 40(a)(ia)

August 5, 2020 15219 Views 1 comment Print

Shree Choudhary Transport Company Vs ITO (Supreme Court) 1. As to whether Section 194C of the Act does not apply to the present case? Whether the appellant had specific and identified trucks on its rolls or had been picking them up on freelance basis, the legal effect on the status of parties had been the […]

FERA Offence Liability depends on Role in Company Affairs & Not on Mere Designation or Status: SC

August 5, 2020 2364 Views 0 comment Print

Shailendra Swarup Vs Deputy Director (Supreme Court of India) Section 68 of FERA, 1973 deals with Offences by companies. Section 68(1) provides that every person who, at the time of the contravention was committed, was in charge of, and was responsible to, the company for the conduct of business of the company as well as […]

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