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Supreme Court of India

IBC – Moratorium Applies Only to Corporate Debtor & not to Director: SC

May 7, 2022 3291 Views 0 comment Print

Narinder Garg Vs Kotak Mahindra Bank Ltd. (Supreme Court) In P. Mohanraj & Others v. Shah Brothers Ispat Private Limited, (2021) 6 SCC 258, a Bench of three-Judges of this Court considered the matter whether a corporate entity in respect of which moratorium had become effective could be proceeded against in terms of Sections 138 […]

Arbitral Tribunal should address application on discovery and inspection first before addressing jurisdiction plea

May 6, 2022 3945 Views 0 comment Print

Held that the first Arbitral Tribunal deferred a decision on the two applications until the issue of jurisdiction was decided. The net result is that the applications for discovery and inspection which were crucial to ONGC’s claim that there existed functional, financial and economic unity between DEPL and JDIL remained to be decided before the application under Section 16 was taken up.

OBC Candidates must be appointed through General Quota If they Are Meritorious: SC

May 6, 2022 21153 Views 0 comment Print

Bharat Sanchar Nigam Limited Vs Sandeep Choudhary (Supreme Court) OBC Candidates Must Be Appointed Through General Quota If They Are Meritorious Than The Last General Quota Candidate: Supreme Court of India. BRIEF FACTS: 1. In this case, the Respondent had applied for the post of Telecom Technical Assistant (TTA) in BSNL. 2. A competitive exam […]

SC sets aside all HC orders with a direction to treat old notices as deemed notices under section 148A

May 4, 2022 43506 Views 2 comments Print

Union of India Vs Ashish Agarwal (Supreme Court) Hon. Supreme Court Validates Section 148 Notices issued after 31st March 2021- Surprising Turn of Events Introduction: – Various High Courts had quashed reassessment notices issued u/s 148 of the act, on the ground that the same are bad in law in view of the new reassessment […]

Apex Court Dictum of automatic vacation of stay in Asia Resurfacing case not applicable in all facts & circumstances

May 4, 2022 32091 Views 0 comment Print

Asian Resurfacing of Road Agency P. Ltd. Vs Central Bureau of Investigation (Supreme Court of India) The Apex Court in the historic case of Asian Resurfacing of Road Agency Private Limited and Another v. Central Bureau of Investigation (2018) 16 SCC 299 had ruled that in all civil & criminal cases stay granted by a […]

Doctors can run individual clinics in NOIDA residential areas but not nursing homes: SC

May 3, 2022 13332 Views 0 comment Print

Chairman & Chief Executive Officer Vs Mange Ram Sharma (Supreme Court) Supreme Court held that individual doctors would not be entitled to any benefit under the Scheme that the NODIA will declare under this order. A clinic simplicitor can be run by a doctor within such area as already specified, of his or her residence. […]

Employer cannot dispute date of birth of employee at fag end of his service: SC

May 2, 2022 4392 Views 0 comment Print

Shankar Lal Vs Hindustan Copper Ltd. (Supreme Court of India) Facts- The appellant is before us primarily questioning the validity of an order of the employer treating his date of birth as 21st September 1945. This date has relevance for computation of his benefits accruing from a Voluntary Retirement Scheme, for which he applied and […]

No Deemed Registration under section 12AA: SC

May 2, 2022 5496 Views 0 comment Print

Harshit Foundation Sehmalpur Jalalpur Jaunpur Vs CIT Faizabad (Supreme Court) The only question which is posed for consideration before the High Court was whether on non-deciding the application for registration under Section 12AA (2) of the Income Tax Act, 1961 (‘the Act’) within a period of six months, there shall be deemed registration or not. […]

Arbitrator can award post award interest on interest component: SC

May 1, 2022 4392 Views 1 comment Print

Indian Oil Corpn. Ltd. Vs U.B. Engineering Ltd. (Supreme Court of India) The issue whether the learned Arbitrator could have awarded the interest on the interest of Rs. 2,27,58,137.08 from the date of award till realization and whether the same can be said to be interest on interest is now not res integra in view […]

SC Dismisses Plea for Injunction against Hindi Remake of Tamil Film ‘Valee’

May 1, 2022 468 Views 0 comment Print

S. J. Suryah (A.K.A S. Justin Selvaraj) Vs S. S. Chakravarthy (Supreme Court) We have heard Mrs. V. Mohana, learned Senior Advocate, appearing for the petitioner for about half an hour but unable to convince this Court on the injunction to be granted against the remake of the film ‘Vaalee’ in Hindi and other languages. […]

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