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Supreme Court of India

If there is a breach by landowner of his obligations, the builder will have to approach a civil court : SC

December 12, 2020 12747 Views 0 comment Print

Bunga Daniel Babu Vs Sri Vasudeva Constructions & Ors (Supreme Court) The decision in Faqir Chand Gulati (supra), we are disposed to think, requires appropriate appreciation. Be it noted, it is relatable to a stage where the amended definition had not come into existence. Despite the same, it is noticeable that the principles laid down […]

SC reprimands practice of pronouncing Final Orders without passing detailed & reasoned judgments

December 11, 2020 3216 Views 0 comment Print

Oriental Insurance Co. Ltd. Vs.Zaixhu Xie & Ors. (Supreme Court) Apex Court reprimands the practice of pronouncing Final Orders without passing detailed & reasoned judgments It is common knowledge that the Courts sometimes pronounce final orders at the time of hearing of the case but do not pass detailed & reasoned judgements immediately thereafter. Such […]

SC transfers petitions challenging validity of Tax Audit Limit of 60

December 9, 2020 18609 Views 0 comment Print

The Institute of Chartered Accountants of India & Ors. Vs. Shaji Poulose & Ors. (Supreme Court) In the writ petitions, which are sought to be transferred, writ petitioners have challenged validity of Chapter VI of Guidelines No.1‑CA(7)/02/2008 dated 08.08.2008 issued by the Council of petitioner Institute on the ground that the same is violative of […]

High Court must not act as an appellate authority: SC

December 6, 2020 3825 Views 0 comment Print

Director General of Police, Railway Protection Force and Ors. Vs Rajendra Kumar Dubey (Supreme Court) We will first discuss the scope of interference by the High Court in exercise of its writ jurisdiction with respect to disciplinary proceedings. It is well settled that the High Court must not act as an appellate authority, and re-appreciate […]

Section 34 Proceedings under Arbitration & Conciliation Act not maintainable to challenge a foreign award: SC

December 6, 2020 2610 Views 0 comment Print

Noy Vallesina Engineering SpA Vs Jindal Drugs Limited & ors. (Supreme Court) 1. The appellant, which was granted special leave, challenges a judgment of the Bombay High Court1. It urges that the impugned judgment is erroneous because it concludes that proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter ‘the Act’) can […]

Nominated Officer cannot be convicted if Company is not being made a party: SC

December 6, 2020 2511 Views 0 comment Print

Hindustan Unilever Limited Vs State of Madhya Pradesh (Supreme Court) A three-Judge Bench of this Court in Aneeta Hada Godfather Travels & Tours Private Limited11 considered the question of conviction of the Directors in the absence of the Company in proceedings under Section 138 of the Negotiable Instruments Act, 1881 as also in the proceedings […]

EPF Act Applicable to Private Security Agency proving expert service of providing Personnel: SC

December 6, 2020 9681 Views 0 comment Print

Panther Security Service Private Limited Vs Employees’ Provident Fund Organisation And Another (Supreme Court of India) We have no doubt in our mind that the appellant is engaged in the specialised and expert services of providing trained and efficient security guards to its clients on payment basis. The contention that the appellant merely facilitated in […]

SC allows electricity Rebate declared by State but not notified

December 5, 2020 588 Views 0 comment Print

State of Jharkhand And Ors. Vs Brahmputra Metallics Ltd. (Supreme Court) The issue for determination is whether the respondent is entitled to claim a rebate or deduction of 50 per cent of the amount assessed towards electricity duty for FYs 2011-12, 2012-13 and 2013-14. The respondent claims its entitlement on the basis of the Industrial […]

Compounding under MMDR Act for illegal mining not affects proceedings for offences under IPC: SC

December 5, 2020 10254 Views 0 comment Print

Jayant Etc. Vs State of Madhya Pradesh  (Supreme Court of India) On a surprise inspection, the respective Mining Inspectors checked the tractor/trolleys of the private appellants along with the minor mineral (sand/storage/yellow soil etc.) loaded in them. They handed over the tractor/trolleys to the concerned police stations to keep them in safe custody. Finding the […]

SC disposes appeal challenging constitutional validity of pre-deposit under TNVAT Act

December 4, 2020 3552 Views 0 comment Print

supM/S. V.V.V. And Sons Edible Oil Ltd. Vs The State of Tamil Nadu & Ors. (Supreme Court of India) The Hon’ble Supreme Court of India in M/S. V.V.V. And Sons Edible Oil Ltd. v. The State of Tamil Nadu & Ors. [Civil Appeal No. 3964 of 2020 dated December 04, 2020] disposed of the appeal […]

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