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Supreme Court of India

SC takes over oxygen supply function from PMO; Set up National Task Force

May 6, 2021 1200 Views 0 comment Print

Union of India Vs Rakesh Malhotra & Anr. (Supreme Court) The rationale for constituting a Task Force at a national level is to facilitate a public health response to the pandemic based on scientific and specialised domain We expect that the leading experts in the country shall associate with the work of the Task Force […]

Case Analysis – PILCOM Vs Commissioner of Income Tax

May 4, 2021 8601 Views 0 comment Print

CASE ANALYSIS PILCOM v. COMMISSIONER OF INCOME TAX (C.I.T.) A.I.R. 2020 S.C. 204 Bench: Justice Uday Umesh Lalit and Justice Vineet Saran SIGNIFICANCE OF THE CASE: With an increase in various International Sporting events such as the Indian Premier League (IPL), Pro Kabaddi, Indian Super League (ISL), etc, which are been held in India, the […]

WB-HIRA 2017 & WB 1993 Act repealed upon enactment of RERA: SC

May 4, 2021 4008 Views 0 comment Print

The provisions of the West Bengal (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993 (WB 1993) Act impliedly stood repealed upon the enactment of the RERA in 2016, in accordance with Sections 88 and 89 read with Article 254(1) of the Constitution. As a consequence of the declaration by this Court of the invalidity of the provisions of West Bengal Housing Industry Regulation Act, 2017 (WB-HIRA, 2017), there should be no revival of the provisions of the WB 1993 Act, since it would stand impliedly repealed upon the enactment of the RERA.

SC directs Rajasthan Private Schools to give 15% deduction in School Fees

May 3, 2021 1458 Views 0 comment Print

Indian School, Jodhpur & Anr. Vs State of Rajasthan & Ors. (Supreme Court) Ordinarily, we would have thought it appropriate to relegate the parties before the Regulatory Authority to refix the school fees for the academic year 2020­-21 after taking into account all aspects of the matter including the advantage gained by the school Management […]

SC on Minimum guarantee charges as fixed by electricity supply company

April 30, 2021 1578 Views 0 comment Print

Jharkhand State Electricity Board Vs Ramkrishna Forging Limited (Supreme Court of India) It is noteworthy that the Jharkhand State Electricity Board (‘the Board’) is a monopoly supplier of electricity which has laid down its own terms and conditions, regarding which the consumer has no say or choice but to sign on the dotted lines, if […]

Prepare buffer stock of oxygen for emergency purposes, formulate national policy: SC

April 30, 2021 1596 Views 0 comment Print

In Re Distribution of Essential Supplies And Services During Pandemic (Supreme Court of India) In light of the continuing surge of infections in the second wave of the pandemic, we direct the Central Government and State Governments to put on record the efforts taken to curb the spread of the virus and the measures that they […]

Section 80IA deduction not restricted to Business Income: SC

April 28, 2021 6666 Views 1 comment Print

CIT Vs Reliance Energy Ltd. (Supreme Court) We have considered the submissions on behalf of the Revenue as it has a bearing on the interpretation of sub-section (1) of Section 80-IA of the Act. We hold that the scope of sub-section (5) of Section 80-IA of the Act is limited to determination of quantum of […]

SC Restores Order Extending Limitation; Excluded period from 14.03.2021 in Limitation Computation

April 27, 2021 22449 Views 0 comment Print

In Re Cognizance For Extension of Limitation Vs XXXX (Supreme Court of India) FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER This Court took suo motu cognizance of the situation arising out of the challenge faced by the country on account of COVID-19 Virus and resultant difficulties that could be faced by the litigants across the […]

Not to use Power of CrPC Section 482 to undermine statutory dictate U/s. 14 & 17 of IBC: SC

April 22, 2021 1938 Views 0 comment Print

The power under Section 482 of the Code of Criminal Procedure may not be available to the Court to countenance the breach of a statuary provision under Sections 14 and 17 of the Insolvency and Bankruptcy Code (IBC).

Why no uniform order on Lokdown, Vaccination, Supply of Essentials & Oxygen?

April 22, 2021 846 Views 0 comment Print

e direct that notices be issued to the Union Government, the State Governments/Union Territories and the parties, who appeared to have approached the High Courts to show cause why uniform orders be not passed by this Court in relation to a) Supply of oxygen; b) Supply of essential drugs; c) Method and manner of vaccination; and d) Declaration of lockdown.

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