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Supreme Court of India

Immunity under Income Declaration Scheme available only to declarant: SC

April 3, 2022 3438 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 5673 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 10191 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 1947 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 5538 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.

SC to decide on Classification of `Nimbooz’

March 25, 2022 978 Views 0 comment Print

Commissioner of Central Excise Hyderabad-I Vs Aradhana Foods And Juices Pvt. Ltd. (Supreme Court of India) The short question which is posed for consideration of this Court is whether the product `Nimbooz’ can be classified under item `Lemonade’ and/or as `fruit pulp or fruit juice based drinks’. Issue notice returnable on 27.04.2022. Dasti, in addition, […]

Order of premature retirement is to be based on entire service record: SC

March 25, 2022 2010 Views 0 comment Print

Central Industrial Security Force Vs HC (GD) Om Prakash (Supreme Court of India) The respondent, Head Constable Om Prakash1 was prematurely retired on 16.08.2011 in exercise of the powers conferred under Rule 56(j) of the Fundamental Rules read with Rule 48(1)(b) of CCS (Pension) Rules, 19722 after completion of 30 years of service. The order […]

Apex Court Once Again Reiterated -Principle of Good Faiths

March 23, 2022 3834 Views 0 comment Print

The Supreme Court of India has once again reiterated one of the foundational principles of Insurance Law : non-disclosure of material information by an Insured at the time of entering into a contract of insurance would entitle a prudent Insurer to repudiate a claim made under the underlying policy on such ground.

Handwriting expert Opinion is not the only mode of proving signature & handwriting: SC

March 21, 2022 10332 Views 0 comment Print

Signatures and handwriting of the person can also be proved under Sections 45, 47 and 73 of the Indian Evidence Act, 1872. Therefore, opinion of the handwriting expert is not the only way or mode of providing the signature and handwriting of a person.

Dispute concerning an exemption cannot be equated with a dispute in relation to Custom duty rate

March 20, 2022 2283 Views 0 comment Print

Asean Cableship Pte. Ltd. Vs Commissioner of Customs (Supreme Court of India) The short question to be considered in the present Special Leave Petition, is whether, against the order passed by the CESTAT impugned before the High Court the appeal would be maintainable before the High Court under Section 130(1) of the Act or the appeal before this Court would be […]

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