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Supreme Court of India

Prosecution of Partners/Directors without arraigning firm/company as accused for dishonour of cheque not maintainable u/s 138 of NI Act: SC

May 13, 2022 22635 Views 0 comment Print

Dilip Hariramani Vs Bank of Baroda (Supreme Court of India) It is common knowledge that complaint under section 138 of the Negotiable Instruments Act, 1881 for dishonour of cheques are usually made against the directors of the company or the partners of the partnership firm and the company or the partnership firm are not arraigned […]

CBDT grace marks policy not applies to person who passed in his own category: SC

May 10, 2022 1899 Views 1 comment Print

Union of India Vs Mukesh Kumar Meena (Supreme Court) it is observed that the CBDT introduced the grace marks policy with the purpose of enabling the marginally failing candidates to pass in the examination. Once the respondent – original applicant passed in his own category, there was no question of allowing/granting him any further grace […]

SC dismisses non­-speaking and non-reasoned order of HC

May 8, 2022 2367 Views 0 comment Print

PCIT Vs Bajaj Herbals Pvt. Ltd. (Supreme Court of India) As the impugned order passed by the High Court is a non­speaking and nonreasoned order and even the submissions on behalf of the revenue are not recorded, the impugned order passed by the High Court dismissing the appeal is unsustainable.  Under the circumstances, the impugned […]

Article 21 encompasses right to individual to refuse vaccination

May 8, 2022 4650 Views 0 comment Print

Jacob Puliyel Vs Union of India (Supreme Court of India) Facts- The Petitioner was a member of the National Technical Advisory Group on Immunization (NTAGI) and was advising the Government of India on vaccines. In the Writ Petition, the Petitioner highlighted the adverse consequences of emergency approval of vaccines in India, the need for transparency […]

Sale agreement/ General power of Attorney/ Will transactions are not ‘transfers’ or ‘sales’.

May 8, 2022 19716 Views 0 comment Print

Suraj Lamp & Industries Pvt. Ltd. Vs State of Haryana (Supreme Court) Facts- By an earlier order dated 15.5.2009 [reported in Suraj Lamp & Industries Pvt. Ltd. vs. State of Haryana & Anr. 2009 (7) SCC 363], we had referred to the ill – effects of what is known as General Power of Attorney Sales […]

Rule of contra proferentem protects insured from unfavourable interpretation of an ambiguous term

May 8, 2022 1476 Views 0 comment Print

The rule of contra proferentem thus protects the insured from the vagaries of an unfavourable interpretation of an ambiguous term to which it did not agree.

Stamp duty has to be independently paid for a Power of Attorney executed along with a deed assigning debt: SC

May 8, 2022 3972 Views 1 comment Print

Asset Reconstruction Co. (India) Ltd. Vs Chief Controlling Revenue Authority (Supreme Court of India) The High Court overlooked the fact that there was no independent instrument of PoA and that in any case, the power of sale of a secured asset flowed out of the provisions of the Securitisation Act, 2002 and not out of […]

IBC is not For Money Recovery Proceedings: SC

May 8, 2022 6021 Views 0 comment Print

Invent Asset Securitisation And Reconstruction Pvt. Ltd. Vs Girnar Fibres Ltd (Supreme Court of India) Time and again, it has been expressed and explained by this Court that the provisions of the Code are essentially intended to bring the corporate debtor to its feet and are not of money recovery proceedings as such. The intent […]

Conveyance Allowance not part of wages for Computation of ESI Contribution: SC

May 8, 2022 1290 Views 0 comment Print

ESI Court held that the conveyance allowance paid to the employees by the appellant herein does not include the wages, the employer has preferred the present appeal.

Section 188- Related Parties- Bar of Voting Operates Only At the Time of Entering Into Contract Or Arrangement

May 7, 2022 2067 Views 0 comment Print

Bar of voting as per Section 188 of the Companies Act, 2013 on related parties operated only at the time of entering into a contract or arrangement,

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