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Supreme Court of India

SC ruling on land and tree compensation to be based on valuation method

September 9, 2021 16851 Views 0 comment Print

Bhupendra Ramdhan Pawar Vs Vidarbha Irrigation Development Corporation (Supreme Court of India) 1. If the land value had been determined with reference to the sale statistics or compensation awarded for a nearby vacant land, then necessarily, the trees will have to be valued separately. 2. But if the value of the land has been determined […]

Moratorium under IBC applies only to Corporate Debtors not to promoters

September 8, 2021 3147 Views 0 comment Print

However, it clarified that the moratorium was only in relation to the Corporate Debtor (as highlighted above) and not in respect of the directors/management of the Corporate Debtor,

Employee Cannot Insist on Transfer to A Particular Place: SC

September 6, 2021 3333 Views 0 comment Print

Namrata Verma Vs State of Uttar Pradesh & Ors (Supreme Court) Heard Mr. Parvez Bashista, learned counsel appearing for the petitioner and Mr. Sanjay Kumar Tyagi, learned counsel appearing for the respondent-State of U.P. It is not for the employee to insist to transfer him/her and/or not to transfer him/her at a particular place. It […]

Royalty collected under Agreement with Government is not unconscionable and distinguishable from Taxes

September 6, 2021 3513 Views 0 comment Print

Observed that the term Royalty has always been construed to be a compensation paid for rights and privileges paid to the grantee. In the current case, the charges paid for use of controlled release of water were for the privileges enjoyed by the Appellant and for such a privilege, the charges and royalty are perfectly justified.

SC explains when HC can entertain writ petition under Article 226

September 3, 2021 5625 Views 0 comment Print

Assistant Commissioner of State Tax and Others Vs Commercial Steel Limited (Supreme Court) In this case respondent had a statutory remedy under section 107. Instead of availing of the remedy, the respondent instituted a petition under Article 226. The existence of an alternate remedy is not an absolute bar to the maintainability of a writ […]

SC admits writ against non-grant of personal hearing under Faceless Assessment Scheme

September 3, 2021 3537 Views 0 comment Print

CBDT Etc. Vs Lakshya Budhiraja & Anr (Supreme Court of India) Learned Additional Solicitor General submits that matters are pending in Allahabad, Delhi, Telangana and Kerala. The petitions before the High Courts are stated to be predicated on a challenge to the Faceless Appeal Scheme, 2020 on the ground that no ‘personal hearing’ has been […]

Employee not estopped from challenging employment conditions if not as per law: SC

September 3, 2021 4158 Views 0 comment Print

Somesh Thapliyal Vs Vice Chancellor (Supreme Court of India) The bargaining power is vested with the employer itself and the employee is left with no option but to accept the conditions dictated by the authority. If that being the reason, it is open for the employee to challenge the conditions if it is not being […]

SC dismissed SLP citing an alternative remedy of Appeal against Assessment Order

September 1, 2021 4689 Views 0 comment Print

Hon’ble Supreme Court dismissed the Special Leave Petition (SLP) as alternative remedy of appeal against the Assessment order is available with the Petitioner.

Supreme Court modifies High Court’s Order by granting appropriate authority to issue fresh SCN

August 31, 2021 2631 Views 0 comment Print

State of Jharkhand & Ors. Vs Bihar Sponge Iron Ltd. (Supreme Court) Current appeal has been filed against the Order SLP(C)No. 14956 of 2020 dated October 23, 2019 by the Hon’ble Jharkhand HIgh Court (Jharkhand HC) which quashed the Show Cause Notice (SCN) on the grounds of it violating Section 70(5)(b)  of  Jharkhand Value Added […]

DRI officers cannot issue show cause notices under Section 28(4) of Customs Act, 1962: SC

August 31, 2021 7593 Views 0 comment Print

Commissioner of Customs Vs Agarwal Metals And Alloys (Supreme Court) The present appeal has been filed by Commissioner of Customs, Kandla (Appellant) against the Order in Customs Appeal No. 11756 of 2019 dated February 13, 2020 by the Hon’ble CESTAT, Ahmedabad  which held that demands confirmed by the Appellant, confiscation of goods and penalties imposed […]

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