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Supreme Court of India

Remand Order Cannot Be Passed As A Matter of Course: SC

April 6, 2022 8733 Views 0 comment Print

Nadakerappa Vs Pillamma (Supreme Court of India) The Division Bench, without assigning any cogent reasons, has set aside the order of the learned Single Judge and has remanded the matter to the Land Tribunal. It is settled law that the order of remand cannot be passed as a matter of course. An order of remand […]

Sale deed executed without authorisation in Power of Attorney is invalid: SC

April 6, 2022 5616 Views 0 comment Print

Mrs. Umadevi Nambiar Vs Thamarasseri Roman Catholic Diocese (Supreme Court of India) As a matter of plain and simple fact, deed of Power of Attorney did not contain a clause authorizing the agent to sell the property though it contained two express provisions, one for leasing out the property and another for executing necessary documents […]

Dismissal of writ petitions in casual manner by HC is unsustainable: SC

April 6, 2022 4554 Views 0 comment Print

Vishal Ashwin Patel Vs ACIT (Supreme Court of India) We have gone through the respective orders passed by the High Court dismissing the writ petitions. Having gone through the orders passed by the High Court dismissing the writ petitions, it can be seen that the said orders are cryptic, non­speaking and non­reasoned orders. From the […]

Employer needs to hear employees before deducting wages for ‘go slow’ tactics of employees: SC

April 3, 2022 1830 Views 0 comment Print

Bata India Limited Vs Workmen of Bata India Limited and Another (Supreme Court of India) It is a case of the appellant that after 01.02.2001, workmen had deliberately adopted ‘go slow’ tactics and did not produce the minimum agreed production as per the settlement. The production was below 50 per cent of the normal production. […]

Principle of restitution: No one can be permitted to take benefit of wrong order passed by court

April 3, 2022 12099 Views 0 comment Print

Mekha Ram and Others Etc Vs State of Rajasthan and Others Etc (Supreme Court of India) The principle of restitution has been statutorily recognised in Section 144 of the Code of Civil Procedure, 1908. Section 144 CPC speaks not only of a decree being varied, reversed, set aside or modified but also includes an order […]

Immunity under Income Declaration Scheme available only to declarant: SC

April 3, 2022 3402 Views 0 comment Print

DCIT Vs M. R. Shah Logistics Pvt. Ltd. (Supreme Court of India) Income Declaration Scheme (IDS), introduced by Chapter IX of the Finance Act, 2016. The objective of its provisions was to enable an assessee to declare her (or his) suppressed undisclosed income or properties acquired through such income. It is based on voluntary disclosure […]

State can impose tax on lotteries conducted by other States in their State: SC

March 29, 2022 5622 Views 0 comment Print

SC held that High Courts of Kerala and Karnataka were not right in holding that the respective State Legislatures had no legislative competence to impose tax on the lotteries conducted by other States in their State (in the State of Karnataka and Kerala respectively).

Insurance Claim Against Unregistered Vehicles Not Payable: SC

March 29, 2022 10146 Views 0 comment Print

Registration of a Vehicles according to the provisions of Section 39 of MVA ,1988 is mandatory and a person without valid registration is not allowed to drive vehicle at public place. Use of a vehicle without proper registration number is a violation of terms and conditions of an insurance policy and hence any claim, whether it was of theft or accident or damage to the vehicle will not be payable.

Order allowing review application must be cryptic, reasoned & speaking: SC

March 28, 2022 1917 Views 0 comment Print

Ratan Lal Patel Vs Dr. Hari Singh Gour Vishwavidyalaya (Supreme Court of India) It can be seen that the impugned order allowing the review application is a cryptic, non-reasoned and non-speaking order as Nothing has been mentioned and/or observed as to what was that error apparent on the face of the record which called for […]

NCDRC cannot Direct to Amend Pleadings: SC

March 26, 2022 5496 Views 0 comment Print

We hold that the appellant could not have been directed to amend the complaint to challenge the repudiation of the contract of insurance. The appellant has stated that it does not wish to do so.

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