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Supreme Court of India

Family arrangement is a memorandum of settlement does not require registration-SC

July 31, 2020 34104 Views 0 comment Print

The issue before the Court was whether a memorandum of settlement required registration as by way of said document the interest in immovable property worth more than Rs.100/­ was transferred in favour of the plaintiff

Office established merely for communication is not a PE under India-Korea DTAA

July 29, 2020 1371 Views 0 comment Print

whether the office which is established merely for the sake of communication is covered under the character of Permanent Establishment (PE) under India-Korea DTAA?

Compensation attributable to a negative/restrictive covenant is a capital receipt & Taxable u/s 28(va)

July 28, 2020 1299 Views 0 comment Print

The issue under consideration is whether the non-compete fee could be taxed under any provision other than Section 28(ii)(a) of the Income Tax Act, 1961?

SC removed allegations levied on Tax Officer & set aside order for recovery of costs from personal resources

July 28, 2020 861 Views 0 comment Print

Supreme Court states that they have find from the record that the learned Single Judge had no reasonable justification to hold that the petitioner had passed a whimsical order and that it suffered from malice in fact and in law.

Factors to be considered in case of Motor Vehicle Accident Compensation

July 27, 2020 5880 Views 0 comment Print

Erudhaya Priya vs State Express Transport Corporation Ltd. (Supreme Court) In a recent judgment on 27th July 2020, the Supreme Court of India has concluded it shall be necessary to take note of the factors like career prospects and future advancement in life while applying the multiplier method to calculate that while applying the multiplier for providing compensation […]

Compensation attributable to a negative/restrictive covenant is a capital receipt : SC

July 25, 2020 3048 Views 0 comment Print

Shiv Raj Gupta Vs CIT (Supreme Court) The Apex Court in the case of Shiv​ Raj Gupta v. CIT1 held that the compensation attributable to a negative/restrictive covenant is a capital receipt. The Apex Court reiterated that the test of commercial expediency would have to be adjudged from the point of view of the businessman […]

SC confirms One Year Imprisonment for Demanding Bribe of Rs. 300

July 24, 2020 1269 Views 0 comment Print

SC confirmed One Year Rigorous Imprisonment for Revenue Officer for Demanding Bribe of Rs 300

SC lays conditions for exercise of power under Article 139A to transfer cases from HC to itself

July 23, 2020 5157 Views 0 comment Print

In a recent judgement dated 23 July, 2020 in the case of Sunil Rathee & Ors. vs The State of Haryana & Ors., the Apex Court had an opportunity to explain the circumstances when cases can be transferred from High Courts to itself under Article 139A of the Constitution of India.

Dispute under IBC Code Must be Truly Exist in Facts

July 20, 2020 1314 Views 0 comment Print

The Supreme Court has reiterated that ‘dispute’ for the purpose of Section 8 of the Insolvency and Bankruptcy Code must truly exist in the facts and spurious, hypothetical and illusory

Ultratech Cement liable to Pay Interest @ 12% on Exessive Subsidy until Entire Excess Subsidy Recovered

July 17, 2020 1266 Views 0 comment Print

Whether interest will be levied on availment of excessive subsidies of 25% under Rajasthan Investment Promotion Scheme-2003 until the whole excessive subsidies are recovered?

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