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Supreme Court of India

MSMED Act, 2006 overrides Arbitration Act, 1996

November 9, 2022 1305 Views 0 comment Print

Supreme Court held that chapter-V of the MSMED Act, 2006 would override the provisions of the Arbitration Act, 1996. Accordingly, the Micro and Small Enterprises Facilitation Council shall have jurisdiction to proceed with the dispute covered u/s 17 of MSMED Act, 2006 despite the existence of an independent arbitration agreement between the parties.

SC set aside rule levying Property Tax on Vacant land based on Development Potential

November 8, 2022 9153 Views 0 comment Print

Municipal Corporation of Greater Mumbai & Ors. Vs Property Owners’ Association & Ors. (Supreme Court of India) The CJI bench of Supreme Court in this case was dealing with the levy of property tax in Greater Mumbai which had been changed from ratable value to capital value system by virtue of amendments made to the […]

Promissory Estoppel not applicable to a policy decision with respect to additional license which is an incentive: SC

November 7, 2022 1038 Views 0 comment Print

Honble Supreme Court held that the doctrine of promissory estoppel shall not be applicable to a policy decision with respect to incentive, when it is well within the right of DGFT/appropriate authority/Union to come out with a new Exim Policy.

Banks cannot be directed to grant benefit of Onetime Settlement Scheme under Article 226: SC

November 7, 2022 1479 Views 0 comment Print

Supreme Court held that no borrower can, as a matter of right pray for a grant for the benefit of one­time settlement scheme and writ of mandamus cannot be issued by the High Court in exercise of Article 226 of the Constitution of India, directing the financial institution/bank to positively grant a benefit of OTS to a borrower.

Bribe Giver is a Party to “Proceeds of Crime” under PMLA: Supreme Court

November 7, 2022 2109 Views 0 comment Print

Hon’ble Supreme Court held that by handing over money with the intent of giving bribe, such person will be assisting or will knowingly be a party to an activity connected with the proceeds of crime under Prevention of Money Laundering Act, 2002.

Application under Section 11(6) cannot be dismissed on the pendency of proceedings before the NCLT: Supreme Court

November 7, 2022 1608 Views 0 comment Print

Honble Supreme Court held that the application under Section 11(6) of the Arbitration and Conciliation Act, 1996 cannot be dismissed on the pendency of proceedings before the National Company Law Tribunal (NCLT) initiated by the respondent for various acts of oppression and mismanagement as a minority shareholder.

TDS shall be deducted on LTC when the trips made to foreign countries: Supreme Court

November 7, 2022 2289 Views 0 comment Print

Supreme Court dismissed the appeals and have upheld the contentions of the Revenue that TDS shall be deducted by the appellant of its employees while releasing payments to its employees for the Leave Travel Concession (LTC), when the trip has been made to the foreign countries.

SC imposes cost of Rs. 1 Lakh for Unnecessary SLP against a Cancer patient

November 6, 2022 8796 Views 0 comment Print

Assistant Director Directorate of Enforcement  Vs Kamal Ahsan & Anr. (Supreme Court of India) In the peculiar facts and circumstance of the case and taking into consideration the fact that the respondent is suffering from Malignancy and Cancer and thereafter when he has been released on bail, the same is not required to be interfered […]

Supreme Court upholds amended employees’ pension scheme with modifications

November 5, 2022 8655 Views 0 comment Print

Employees Provident Fund Organisation & Anr. Etc. Vs Sunil Kumar B. & Ors. Etc. (Supreme Court of India) The Apex Court on Friday upheld the amended Employees’ Pension Scheme (EPS), which caps the basic salary of an employee at Rs 15,000 a month for the pension component derived from it to be calculated. A Bench […]

Regulation of Digital Money Lending Platforms- SC declines to interfere in Policy decisions

November 4, 2022 576 Views 0 comment Print

Shankar Nagesh Mutkiri Vs Reserve Bank of India (Supreme Court of India) Invoking the jurisdiction under Article 32 of the Constitution, the petitioner seeks a direction to the Reserve Bank of India (RBI) to take steps to regulate or disable unauthorized money lending platforms; to frame guidelines to ensure oversight over digital money lenders and for […]

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