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Supreme Court of India

Application under CPC Order IX Rule 13 maintainable if defendant hasn’t provided evidence

August 28, 2023 39369 Views 0 comment Print

In present facts of the case, it was observed that an application under Order IX Rule 13 of Civil Procedure Code for setting aside exparte decree would be maintainable as evidence of the defendants was not even started and the defendants’ counsel had not even cross-examined the plaintiff’s evidence.

Directions issued to Central & State Commissions for effectuating Section 4 of RTI Act

August 26, 2023 489 Views 0 comment Print

In present facts of the case, the Honble Supreme Court have given directions to the Central Information Commission and the State Information Commissions to ensure proper implementation of the mandate of Section 4 of the RTI Act,

Enforcement of Award cannot be questioned when the Order has attained finality

August 26, 2023 1029 Views 0 comment Print

In present facts of the case, the Honble High Court while dismissing the Petition have observed that the order passed in Appeal which has not been challenged by the Petitioner would attain finality, and therefore no fault can be found with the learned Tribunal seeking to enforce the Award in accordance with the law.

Communication of de-canalisation Order within time is must to substantiate non-execution of Contract

August 26, 2023 441 Views 0 comment Print

In present facts of the case, the Appeals were dismissed by Honble Supreme Court and have affirmed the Order of the Arbitral Tribunal wherein de-canalisation order by the Government was not communicated within time.

Customs dues do not impact the rights of secured creditors

August 25, 2023 957 Views 0 comment Print

High Court and held that the position in law was that the debt ‘due and payable’, when falls within the four corners of clause (a) to Section 530(1) of the Companies Act, would be treated as preferential payment, but it would not override and be given preference over the payments of overriding preferential creditors covered under Section 529A of the Companies Act.

Supreme court disallows SLP, where alternative remedy not exercised by assessee

August 25, 2023 4017 Views 0 comment Print

Analysis of Supreme Court’s ruling on SLP in the case of Vishwanath Traders vs Union of India, addressing non-exercise of alternative remedies by the assessee.

SC to hear Revenue’s review petitions on taxability of duty-free shops

August 24, 2023 1767 Views 0 comment Print

Supreme Court review in Commissioner of CGST v. Flemingo Travel Retail reevaluates VAT exemption on duty-free shops at airports, allowing the appeal for further consideration.

Arbitral award cannot be set aside on mere possibility of alternative view on facts or interpretation of contract: SC

August 24, 2023 2061 Views 0 comment Print

In present facts of the case, the Hon’ble Supreme Court while restoring the award of Arbitral Tribunal observed that it is well-settled that courts ought not to interfere with the arbitral award in a casual and cavalier manner.

Excise Duty Exemption for Intravenous Fluids Treating Veterinary Diseases

August 22, 2023 993 Views 0 comment Print

Supreme Court held that exemption from excise duty given to intravenous fluids is available to products manufactured for treatment of veterinary disease if products falls under the category of intravenous fluids.

Settlement Commission Order cannot be set-aside Without Re-determination of undisclosed income

August 22, 2023 2163 Views 0 comment Print

Supreme Court held that while setting aside the order of Settlement Commission, High Court could have remanded the matter to the Settlement Commission for re-consideration and re-determination of undisclosed income. It is unjust to set aside the order of Settlement Commission without re-determination of undisclosed income.

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