Tedhi Singh Vs Narayan Dass Mahant (Supreme Court of India) The Trial Court and the First Appellate Court have noted that in the case under Section 138 of the N. I. Act the complainant need not show in the first instance that he had the capacity. The proceedings under Section 138 of the N. I. […]
SC held that In our view, the High Court was not right and justified in disposing of the appeal with one paragraph order without discussing the issues which arose for consideration.
Ganga Foundations Pvt. Ltd. Vs The State Bank of India (Supreme Court of India) The petitioner had availed loan from the State Bank of India. Since, there was default in repayment of the loan, the petitioner entered into a One Time Settlement under the OTS Scheme with the bank in November, 2020. The petitioner, out […]
Abhay Jain Vs High Court Of Judicature For Rajasthan And Anr (Supreme Court) SC held that the appellant may have been guilty of negligence in the sense that he did not carefully go through the case file and did not take notice of the order of the High Court which was on his file. This […]
Shobha & Ors. Vs Chairman, Vithalrao Shinde, Sahakari Sakhar Karkhana Ltd. & Ors. (Supreme Court) As per Section 4A of Employee’s Compensation Act, 1923 compensation under Section 4 shall be paid as soon as it falls due. It can be seen that the liability to pay the interest on the amount of compensation due and payable would […]
In the instant case, MSME Council had passed an impugned order directing the appellant to make payment to the respondent without giving sufficient opportunity to the appellant to participate in the arbitration proceeding. If the appellant had not submitted its reply at the conciliation stage, or failed to appear, Council could, at best, have recorded failure of conciliation and proceeded to initiate arbitration proceedings to adjudicate the dispute and make an award.
Union Bank of India Vs Additional Commissioner of Income Tax (TDS) (Supreme Court of India) Whether the appellant was required by the provisions of Section 194A of the Income Tax Act 1961 to deduct tax at source on payments of interest made to the Agra Development Authority. The issue which is raised in the present […]
Chandra Sekhar Jha Vs Union of India & Anr (Supreme Court of India) The first proviso of Section 129E of the present Section enacts a limitation on the total amount which can be demanded by way of pre-deposit. The first proviso provides that the amount required to be deposited should not exceed Rs.10 Crores. In […]
Bank of Baroda Vs Karwa Trading Company (Supreme Court of India) SC held that Section 17 of the SARFAESI Act was not justified in directing to release the mortgaged property and handover the possession along with the original title deeds to the borrower on payment of Rs.48.65 lakhs only which was the base price/ reserve […]
Commissioner of Service Tax Vs Inox Leisure Ltd. (Supreme Court of India) Supreme Court upheld the order of CESTAT and held that Service Tax is not payable by Appellant on Screening films in their multiplex on Revenue Sharing basis. Earlier CESTAT held that the appellant is not liable to pay Service Tax for Screening of […]
