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Supreme Court of India

Equal Pay For Equal Work” Not A Fundamental Right: SC

January 27, 2022 6345 Views 0 comment Print

State of Madhya Pradesh Vs R.D. Sharma (Supreme Court of India) It may be noted that Supreme court has consistently held that the equation of post and determination of pay scales is the primary function of the executive and not the judiciary and therefore ordinarily courts will not enter upon the task of job evaluation […]

Look into TDS deducted from Motor Accident Compensation Awards & lying as Unclaimed: SC directs Govt

January 27, 2022 7419 Views 1 comment Print

Bajaj Allianz General Insurance Company Private Ltd. Vs Union of India (Supreme Court of India) Learned ASG has pointed out that insofar as our direction (v) of our order dated 16.11 2021 we had dealt with the aspect of Tax Deduction at Source (TDS) in Motor Accident Claims at two different rates from 10% to […]

CCI can Investigate Anti-Competition Element in Lottery Tendering Process: SC

January 27, 2022 1344 Views 0 comment Print

Competition Commission of India Vs State of Mizoram (Supreme Court of India) The Supreme Court has ruled that the Competition Commission of India (CCI) cannot be prevented from investigating anti-competition Element in the tendering process of lotteries on grounds of lottery business outside the ambit of commercial intercourse. We must take note of the expansive […]

Filing of appeal in criminal court against Civil dispute amounts to abuse of process of Court: SC

January 25, 2022 1194 Views 0 comment Print

Jayahari Vs State of Kerala (Supreme Court of India) he facts thus show that a transaction was entered into between the complainant and the appellants, in terms of which the property belonging to the appellants was sought to be purchased by the complainant; and in order to enable him to effectuate such purchase, certain loan […]

Committee of Creditors cannot approve resolution plan proposed by an applicant barred u/s 29A: SC

January 25, 2022 4047 Views 0 comment Print

Bank of Baroda & Anr. Vs MBL Infrastructures Limited & Ors. (Supreme Court of India) Facts- Corporate insolvency resolution process was initiated against respondent No. 1. Two resolution plans were received by the resolution professional (respondent no. 2). Committee of creditors decided seeking an appropriate resolution plan at the hands of respondent no. 3. Section […]

Claimant needs to satisfy all eligibility criteria/conditions of exemption notification: SC

January 25, 2022 1845 Views 0 comment Print

The person claiming the exemption has to fulfil and satisfy all the eligibility criteria/conditions mentioned in the exemption notification. The respondent (ESL) was not eligible at all for exemption from payment of purchase tax as in fact power generating companies (EPL) were put in the list of ‘ineligible industries’. Therefore, by such a modus operandi, the benefit, which was not available to the EPL was made available by such transfer of raw materials by the ESL to EPL.

Arbitrator is the final arbiter of the disputes between the parties: SC

January 25, 2022 6018 Views 0 comment Print

The Arbitrator is the final arbiter of the disputes between the parties and it is not open to a party to challenge the Award on the ground that he has drawn his own conclusions or has failed to appreciate certain facts.

Interest on Compensation payable from accident Date and Not Date of Adjudication of Claim: SC

January 24, 2022 3519 Views 0 comment Print

Ajaya Kumar Das Vs Divisional Manager (Supreme Court of India) Section 4A of the Workmen’s Compensation Act 1923 stipulates that the Commissioner shall direct the employer to pay interest of 12% or at a higher rate, not exceeding the lending rates of any scheduled banks specified, if the employer does not pay the compensation within […]

SC guidelines for payment of ex gratia of Rs 50000 to families of those who died due to Covid-19

January 24, 2022 3990 Views 0 comment Print

Hon’ble Supreme Court has made clear that irrespective of the cause of death mentioned in the death certificate, if a family member satisfies the eligibility criteria mentioned in paragraphs 11(i) to 11(iv) as above shall also be entitled to the ex-gratia payment of Rs. 50,000/- on production of requisite documents as observed hereinabove, and no State shall deny the ex-gratia payment of Rs. 50,000/- on the ground that in the death certificate the cause of death is not mentioned as ‘Died due to Covid-19’

Daughter entitled to inherit self-acquired property of her father: SC

January 23, 2022 11169 Views 0 comment Print

The Supreme Court on Thursday said the daughters of a male Hindu dying without a will would be entitled to inherit self-acquired and other properties obtained in the partition by the father.

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