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Supreme Court of India

Vehicle Owner not expected to verify genuineness of driving license before appointing a driver: SC

August 19, 2022 2289 Views 0 comment Print

If owner thinks that driver is competent to drive vehicle Its not expected from him to verify genuineness of driving license issued to driver

No Prosecution under PMLA after Acquittal of Accused of Scheduled Offence

August 16, 2022 1731 Views 0 comment Print

Parvathi Kollur & Anr. Vs State By Directorate of Enforcement (Supreme Court)  The offence under Section 3 of Prevention of Money-Laundering Act, 2002 is dependent on illegal gain of property as a result of criminal activity relating to a scheduled offence. It is concerning the process or activity connected with such property, which constitutes the […]

Selective disclosure by SEBI amounts to cherry-picking which derogates commitment to fair trial: SC

August 15, 2022 1908 Views 0 comment Print

Held that SEBI could not have claimed privilege over certain parts of the documents and at the same time, agreeing to disclose some part. Such selective disclosure cannot be countenanced in law as it clearly amounts to cherry­picking.

Case Analysis: Gujarat State Road Transport vs. Ramanbhai Prabhatbhai & Another

August 12, 2022 4509 Views 0 comment Print

The present case is related to the compensation to be awarded to the brothers of the deceased who was a victim in a motor vehicle accident. The case helps us understand as to who can be an heir and legal representative who is entitled to claim compensation under the Fatal Accidents Act and Motor Vehicles Act.

Cheque Bounce Complaint cannot be filed before Expiry of 15 Days from Date of Receipt of Notice by Drawer: SC

August 12, 2022 6615 Views 0 comment Print

Can cognizance of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 be taken on the basis of a complaint filed before the expiry of the period of 15 days stipulated in the notice required to be served upon the drawer of the cheque in terms of Section 138(c) of the Act aforementioned?

SC explains section 7(5)(b) of IBC 2016 in case of appeal being continuation of original proceedings

August 11, 2022 1959 Views 0 comment Print

SC held that an appeal being the continuation of original proceedings, the provision of section 7(5)(b) of IBC Code, for intimating the Financial Creditor (FC) before rejection of a claim, would be attracted.

Liability u/s 138 or 141 of NI Act arises on person who is responsible for conduct of business

August 10, 2022 17127 Views 0 comment Print

Held that the liability under Section 138/141 of the NI Act arises from being in charge of and responsible for the conduct of the business of the company at the relevant time when the offence was committed, and not on the basis of merely holding a designation or office in a company.

SC refuses to extend tenures of NCLT members appointed for less than 5 years

August 10, 2022 1269 Views 0 comment Print

National Company Law Tribunal Bar Association Vs Union of India  (Supreme Court) The petitioner contends that the notification S.O. 3412 (E) dated 20 September 2019 issued by the Ministry of Corporate Affairs appointing 28 candidates as Members of the National Company Law Tribunal for a tenure of three years is contrary to the provisions of Section […]

Limitation Act has no application once right to damage is extinguished

August 10, 2022 1869 Views 0 comment Print

Supreme Court Held that right to damage itself is extinguished, provisions of the Limitation Act have no application.

Service Tax cannot be levied on antivirus software sold in CD: SC

August 9, 2022 4209 Views 0 comment Print

SC held that Service Tax cannot be levied again on antivirus software sold in Compact Disc even if free updates provided later on and also, artificial segregation of the transaction, into two parts is not tenable in law.

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