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Supreme Court of India

Sec 138 NI Act: Complaint comes to an end Once Accused & Complainant Enter into a Settlement Agreement: SC

October 8, 2021 25941 Views 0 comment Print

Gimpex Private Limited Vs Manoj Goel (Supreme Court of India) A complainant cannot pursue two parallel prosecutions for the same underlying transaction. Once a settlement agreement has been entered into by the parties, the proceedings in the original complaint cannot be sustained and a fresh cause of action accrues to the complainant under the terms […]

Transfer Petition challenging Constitutional Validity of Section 16(2)(c) dismissed by SC

October 8, 2021 4830 Views 0 comment Print

UOI contended that since the particular provision has already been challenged and the proceedings are pending across the Country, along with ramifications of huge amounts payable under the CGST Act are involved, it should be appropriate for the Hon’ble Supreme Court to hear the matter.

SC allows CBI to continue investigation against ITO & her Husband now Mister in AP Govt

October 8, 2021 1797 Views 0 comment Print

Appellant contended that CBI Manual does not make it mandatory to conduct a Preliminary Enquiry (PE) before the registration of the FIR. It was stated that a PE cannot be made mandatory for all cases of corruption and is only conducted when the information received is not sufficient to register a regular case.

Section 138 NI Act Directors responsible if they were in charge of & responsible for conduct of business of company: SC

October 8, 2021 6645 Views 1 comment Print

Ashutosh Ashok Parasrampuriya Vs Gharrkul Industries Pvt. Ltd. (Supreme Court of India) The issue for determination before us is whether the role of the appellants in the capacity of the Director of the defaulter company makes them vicariously liable for the activities of the defaulter Company as defined under Section 141 of the NI Act? In that perception, […]

Will cannot be doubted merely for Exclusion of brother or sister: SC

October 7, 2021 6027 Views 0 comment Print

V. Prabhakara Vs Basavaraj K. (Dead) By Lr. & Anr. (Supreme Court) A testamentary court is not a court of suspicion but that of conscience. It has to consider the relevant materials instead of adopting an ethical reasoning. A mere exclusion of either brother or sister per se would not create a suspicion unless it […]

No limitation period in case of usufructuary mortgage: SC

October 7, 2021 3024 Views 0 comment Print

Full Bench of Punjab and Haryana HC in Ram Kishan & Ors. Vs. Sheo Ram & Ors., has held that there is no limitation period in case of usufructuary mortgage. Once a mortgage always a mortgage was the principle applied.

SC ruling on whether order section 263 is barred by limitation

October 7, 2021 2799 Views 0 comment Print

CIT Vs. Mohammed Meeran Shahul Hameed (Supreme Court) The short question of law which is posed for consideration before this court is, 1. whether in the facts and circumstances of the case, the High Court and the learned ITAT are right in holding that the order passed by the learned Commissioner passed under Section 263 […]

SC Guidelines on grant of bail to accused not arrested during investigation post filing of Chargesheet

October 7, 2021 11127 Views 0 comment Print

Satender Kumar Antil Vs Central Bureau of Investigation and Anr. (Supreme Court of India) Hon’ble Supreme Court of India in the current application has issued guidelines relating to the aspect of grant of bail to accused who, on a charge sheet being filed is not arrested during investigation. Relying on the suggestions put forth by […]

SC defers hearing in Faceless Assessment Scheme for 3 Months

October 6, 2021 3837 Views 0 comment Print

Central Board of Direct Taxes Vs Lakshya Budhiraja & Anr. (Supreme Court of India) SC recording of proceedings where Department submits proposal of change in faceless appeal scheme before Supreme Court in 3 months on account of provision relating to personal hearing. FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER Learned Additional Solicitor General submits that […]

Mere Truthful Declaration of Criminal Cases cannot compel an Employer to Appoint a Candidate: SC

October 6, 2021 4671 Views 0 comment Print

Union of India And Others Vs Methu Meda (Supreme Court of India) Law is well ­settled. If a person is acquitted giving him the benefit of doubt, from the charge of an offence involving moral turpitude or because the witnesses turned hostile, it would not automatically entitle him for the employment, that too in disciplined […]

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