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Supreme Court of India

Income from Business, Investments and Agriculture shall be considered in computation of compensation under MV Act: SC

October 4, 2022 2925 Views 0 comment Print

In present case, the Hon’ble Supreme Court enhanced the Compensation under Motor Vehicles Act, by considering the income of the deceased under the heads of Income from Business and other investments and Income from Property and Agricultural Land as the deceased was having specialized skills in administering the business and was having good managerial skills.

Leave encashment of privilege leave is part of salary: SC

October 2, 2022 6222 Views 0 comment Print

Since the expression ‘salary’ included benefit of leave encashment which was nothing but salary for the unavailed leave to the credit of the employee, therefore, the condition that carry forward of balance privilege leave, was barred and requiring employees to seek encashment from their previous employer was an arbitrary and unconscionable condition.

SARFAESI: CMM/DM not required to adjudicate disputes between Borrower/Third Party & Secured Creditor: SC

September 28, 2022 4992 Views 0 comment Print

Balkrishna Rama Tarle Dead Thr LRS & Anr.  Vs Phoenix ARC Private Limited & Ors. (Supreme Court) On a fair reading of Section 14 of the SARFAESI Act, it appears that for taking possession of the secured assets in terms of Section 14(1) of the SARFAESI Act, the secured creditor is obliged to approach the […]

SC explains Section 34 of U.P. Trade Tax Act

September 27, 2022 1461 Views 0 comment Print

Commissioner, Trade Tax Vs Radico Khetan Ltd (Supreme Court) Section 34 of U.P. Trade Tax Act shall be applicable only in a case where there is a transfer of immovable property belonging to the original assesee, during the pendency of any proceedings under the Act with the intention of defrauding any such tax or other […]

CIRP Can Be Initiated even against Two Borrowers Falling under Ambit of Corporate Debtors: SC

September 26, 2022 1965 Views 0 comment Print

Maitreya Doshi Vs Anand Rathi Global Finance Ltd. (Supreme Court) Apex Court held that If there are two borrowers or if two corporate bodies fall within the ambit of corporate debtors, there is no reason why proceedings under Section 7 of the IBC cannot be initiated against both the Corporate Debtors. Needless to mention, the […]

No bar on withdrawal of CIRP application by applicant: SC

September 26, 2022 1701 Views 0 comment Print

Ashok G. Rajani Vs Beacon Trusteeship Ltd. & Ors. (Supreme Court of India) This Appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) is against an interim order dated 18th August 2021 passed by the National Company Law Appellate Tribunal (NCLAT), Principal Bench at New Delhi in Company Appeal (AT) (Insolvency) No. […]

Furnishing of Opinion not necessary when Inspection of Opinion already made under SEBI Adjudication Rules

September 26, 2022 1644 Views 0 comment Print

There is no rule which requires SEBI to furnish the opinion under Rule 3 to the noticee in its entirety. The documents relied upon for formation of opinion were not required to be disclosed to the noticee unless relied upon in the inquiry.

Bench strength is determinative of binding nature of judgement: SC

September 22, 2022 2025 Views 0 comment Print

SC Held that the numerical strength of the Judges taking a particular view is not relevant, but the Bench strength is determinative of the binding nature of the Judgment.

Limitation provision applicable for initiation of CIRP in spite of initiation of winding up proceeding

September 22, 2022 648 Views 0 comment Print

Held that the initiation of winding up proceedings in Madras High Court would not save limitation for initiation of proceedings for initiation of CIRP in the NCLT under Section 7 of the IBC.

Writ petition cannot be admitted by HC when alternative remedy of appeal exist: SC

September 22, 2022 4056 Views 0 comment Print

State of Maharashtra Vs Greatship (India) Limited (Supreme Court) 1. Assessing Officer passed the assessment order determining the tax liability along with interest and penalty under the MVAT Act and CST Act 2. Assessee preferred Writ before Hon. Bombay High Court which quashed the Assessment Order and the Demand Notice 3. Against which Revenue filed […]

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