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Supreme Court of India

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.

No penalty for non-transportation of goods within validity of E way bill due to agitation & blocked traffic: SC

January 22, 2022 28854 Views 1 comment Print

SC held that, tax evasion cannot be presumed on mere non-extension of validity of e-way bill by the assessee due to traffic blockage and agitation, for which the Revenue Authority is responsible for not providing smooth passage of traffic. Further, imposed a sum of INR 69,000/- on the Revenue Department towards the cost payable to the assessee, and to be recovered, directly from the persons responsible.

Section 5 of Limitation Act not applies to initiation of Civil Suit: SC

January 21, 2022 6972 Views 0 comment Print

National Commission is in utter ignorance of the provisions of the Limitation Act, in as much as Section 5 of the Limitation Act does not apply to the institution of civil suit in the Civil Court.

Service regulation will prevail during conflict between statement in an advertisement and service regulation: SC

January 20, 2022 4287 Views 0 comment Print

Employees’ State Insurance Corporation Vs Union of India (Supreme Court of India) Facts- The ESIC has filed the present appeal against the judgement of Division Bench which rejected the petition filed against the promotion of the contesting respondent to the post of ‘Associate Professor’ under the Dynamic Assured Career Progression Scheme (DACP Scheme). Fact of […]

Subordinate Legislation in the form of Statutory Rules is a ‘law’ U/s. 23 of Indian Contract Act: SC

January 18, 2022 2916 Views 0 comment Print

G.T. Girish Vs Y. Subba Raju (D) By LRs (Supreme Court of India) 1. Leave granted. 2. The appellants are defendant 1(a), defendant 1(b) and second defendant in a Suit filed for specific performance. Defendant 1(a) and Defendant 1(b) have filed SLP(C)No.6858/2017 while defendant No.2 has filed SLP(C)No.6857/2017. The Trial Court while refusing specific performance, […]

SC cannot re-appreciate evidence on concurrent findings recorded by NCLT & NCLAT

January 17, 2022 1596 Views 0 comment Print

Devas Multimedia Private Ltd. Vs Antrix Corporation Ltd. (Supreme Court of India) Facts- The company, Devas Multimedia Pvt. Ltd., in liquidation has challenged an order of winding up passed by the National Company Law Tribunal under section 271(c) of Companies Act, 2013. The order was confirmed by the National Company Law Appellate Tribunal. It is contended […]

Builder obliged to provide occupancy certificate to flat owners & Failure amount to deficiency in service: SC

January 11, 2022 7278 Views 0 comment Print

Samruddhi Co-operative Housing Society Ltd. Vs Mumbai Mahalaxmi Construction Pvt. Ltd. (Supreme Court of India) Sections 3 and 6 of the MOFA indicate that the promoter has an obligation to provide the occupancy certificate to the flat owners. Apart from this, the promoter must make payments of outgoings such as ground rent, municipal taxes, water […]

No restriction on parallel proceedings by different jurisdictional offices pertaining to different causes of action: SC

January 10, 2022 3129 Views 0 comment Print

Euphoria Technologies Pvt. Ltd. Vs DGGI (Supreme Court of India) This Writ Petition under Article 32 of the Constitution of India has been filed for a direction to the respondent(s) to transfer the investigation pertaining to Summons No. F.NO.DZU/INV/A/GST/27/2021 pending at Delhi to the Directorate General of GST Intelligence, Surat Zonal Unit, Gujarat, on the […]

State Govt & Autonomous Board/Body cannot be put on par for service benefits: SC

January 10, 2022 5088 Views 0 comment Print

State of Maharashtra Vs Bhagwan (Supreme Court of India) In the present case, WALMI being an autonomous body, registered under the Societies Registration Act, the employees of WALMI are governed by their own Service Rules and conditions, which specifically do not provide for any pensionary benefits; the Governing Council of WALMI has adopted the Maharashtra […]

SC Restores Limitation Extension & excludes Period From 15.03.2020 to 28.02.2022 From Limitation

January 10, 2022 65595 Views 1 comment Print

The order dated 23.03.2020 is restored and in continuation of the subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, it is directed that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi­judicial proceedings.

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