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Supreme Court of India

SC STAYS Delhi HC Order declaring IGST on Oxygen Concentrators as Unconstitutional

June 1, 2021 1038 Views 0 comment Print

Supreme Court Bench of Justices DY Chandrachud and MR Shah issued notice in the appeal against the High Court verdict and granted a stay on order declaring imposition of IGST on the import of oxygen concentrators by individuals for personal use as unconstitutional.

SC demands full COVID-19 Vaccination purchase & dose data

May 31, 2021 738 Views 0 comment Print

In Re: Distribution Of Essential Supplies And Services During Pandemic (Supreme Court of India) We direct the UoI to file an affidavit, which shall address the issues and questions raised in Section E, wherein it shall ensure that each issue is responded to individually and no issue is missed out. We also direct that the […]

SC directs Govt to complete process of appointment of Members of NCLT & NCLAT at the earliest

May 31, 2021 1731 Views 0 comment Print

NCLAT by writing to the Hon’ble Chief Justice, we trust and hope that the reappointment process should be completed expeditiously, as there is no necessity of issuance of any advertisement for participation of other eligible candidates.

SC Upholds IBC provisions on insolvency of Personal Guarantors

May 21, 2021 7689 Views 0 comment Print

Lalit Kumar Jain Vs Union of India (Supreme Court) 1. Supreme Court on Friday upheld provisions of the Insolvency and Bankruptcy Code (IBC) allowing lenders to pursue insolvency proceedings against promoter guarantors of companies facing Corporate Insolvency Resolution Process. 2. A bench of Justices L Nageswara Rao and Ravindra Bhat delivered the judgement. The ruling […]

Mere abstract rule, principle or test can not determine character of a transaction

May 18, 2021 2451 Views 0 comment Print

An abstract rule, principle or test can not determine the character of a transaction, depends on facts and circumstances. CIT Vs. R V Gupta , Delhi High Court Also decided the question of distinction between a capital sale and an adventure in the nature of trade was considered by the Supreme Court in G. Venkataswami […]

‘Equality’ means equality among equals or within the same class during insolvency resolution process: SC

May 13, 2021 2337 Views 0 comment Print

India Resurgence Arc Private Limited Vs M/s. Amit Metaliks Limited & Anr. (Supreme Court of India) “Equality” means equality among equals or within the same class. In the present facts of the case, the appellant company is said to be the assignee of the rights, title and interest carried by Religare Finvest Limited as secured […]

SC: UPPTCL acted in excess of power to realize labour cess under Cess Act by withholding dues

May 12, 2021 1908 Views 0 comment Print

UPPTCL had no power and authority and or jurisdiction to realize labour cess under the Cess Act in respect of the first contract by withholding dues in respect of other contracts and/or invoking a performance guarantee. The finding of the High Court was sustainable as UPPTCL acted in excess of power by its acts impugned, when there was admittedly no assessment or levy of cess under the Cess Act.

An assessee can so arrange his affairs to minimize his tax burden

May 11, 2021 3441 Views 0 comment Print

A well accepted Principle of law On going through the judgement of the Hon,ble Supreme Court in CIT, West Bengal Vs. Calcutta Discount Co. Ltd. Decided on 10.04.1973, we find two very important aspects decided by this court . 1. No specific formula is necessary for seeking relief at the hand of any court or […]

SC direction on Covid precautions in prisons

May 7, 2021 1047 Views 0 comment Print

In re Contagion of Covid 19 Virus in Prisons (Supreme Court) Hon’ble Supreme Court The authorities to ensure that proper medical facilities are provided to all prisoners who are imprisoned. The   spread   of Covid­19 virus should be controlled in the prisons by regular testing being done of the prisoners but also the jail […]

Courts must be open not Faceless: SC

May 6, 2021 2496 Views 0 comment Print

Chief Election Commissioner of India Vs M.R Vijayabhaskar & Ors. (Supreme Court of India) Courts must be open both in the physical and metaphorical sense. Save and except for in-camera proceedings in an exceptional category of cases, such as cases involving child sexual abuse or matrimonial proceedings bearing on matters of marital privacy, our legal […]

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