Court notes and holds that whether corporate death of an entity upon amalgamation per se invalidates an assessment order ordinarily cannot be determined on a bare application of Section 481 of the Companies Act, 1956 (and its equivalent in the 2013 Act), but would depend on the terms of the amalgamation and the facts of each case.
Swarnalatha Vs Kalavathy (Supreme Court of India) Conclusion: Suspicious circumstances surrounding the execution of will be limited to those where either the signature of the testator was disputed or the mental capacity of the testator was questioned. In the matter of appreciating the genuineness of execution of a Will, there was no place for the […]
Hence a Collective Investment Scheme, must be floated by a Collective Investment Management Company, duly registered with the SEBI and has received certificate from the SEBI (CIS) Regulations for promotion, regulation of Collective Investment Scheme.
Oriental Insurance Company Limited Vs Mahendra Construction (Supreme Court of India) BRIEF FACTS: 1. This appeal arises from a decision rendered by the National Consumer Disputes Redressal Commission (“NCDRC”) on 19 September 2018. The NCDRC partly allowed the appeal filed by the insurer against a decision of the State Consumer Disputes Redressal Commission (“SCDRC”) dated […]
An insurance company has obligation and duty to intimate the insured at the time of renewal of exiting insurance polices ,if there is any change in the terms and conditions of insurance. It is generally assumed that renewal of an insurance policy will be held on the basis of terms and conditions contains in the old insurance policy and there is no change.
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 […]
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 […]
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 […]
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. […]
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 […]
