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Supreme Court of India

Any company creditor can seek transfer of winding up proceedings pending before HC to NCLT

November 22, 2020 2298 Views 0 comment Print

Kaledonia Jute And Fibres Pvt. Ltd Vs Axis Nirman And Industries Ltd. & Ors. (Supreme Court of India) Section 278 of the 2013 Act shows that any petition by a single creditor or contributory is actually treated as a joint petition of creditors and contributories, so that the order of winding up operates in favour […]

Date of birth change request in service records at fag end of service is not sustainable: SC

November 21, 2020 1365 Views 0 comment Print

Bharat Coking Coal Ltd. & Ors. Vs Shyam Kishore Singh (Supreme Court of India) This Court has consistently held that the request for change of the date of birth in the service records at the fag end of service is not sustainable. In the instant case, as on the date of joining and as also […]

SC stays HC order on Drawback Limitation for SCN under Drawback Rules

November 20, 2020 2745 Views 0 comment Print

Union of India Vs Famina Knit Fabs (Supreme Court) Drawback Limitation for SCN under Drawback Rules, 1995 and saving of SCNs, for earlier period, issued after Drawback Rules, 2017 The Supreme Court has stayed the operation of the Punjab & Haryana High Court’s 2019 decision wherein the High Court had held that any notice issued […]

SC issues notice on continuance of prosecution despite payment of Income Tax with Penalty & Interest

November 20, 2020 1164 Views 0 comment Print

Union of India Vs Prabir Kumar Shaw & Anr. (Supreme Court) Learned counsel for the petitioner contends that merely because the penalty and tax have been paid, the prosecution under Sections 276C, 277 and 278B of the Income Tax Act could not have been quashed. He further submits that similar issues are already under consideration […]

Provisional bank account attachment during pendency of Section 67 search proceedings – SC stays Gujarat HC decision

November 16, 2020 1791 Views 0 comment Print

Supreme Court has stayed the Gujarat High Court decision in the case of Kushal Ltd. v. Union of India, wherein the High Court had set aside the provisional attachment of the bank account of the assessee observing that there was absence of pendency of any proceedings under Section 62, 63, 64, 67, 73 or 74 of the CGST Act, 2017.

Availability of alternate remedy is no bar in entertaining a complaint under Consumer Protection Act, 1986

November 15, 2020 9332 Views 0 comment Print

Imperia Structures Ltd. Vs Anil Patni and Another (Supreme Court) Section 79 of the RERA Act bars jurisdiction of a Civil Court to entertain any suit or proceeding in respect of any matter which the Authority or the adjudicating officer or the Appellate Tribunal is empowered under the RERA Act to determine. Section 88 specifies […]

Remedy u/s 14 of SARFAESI Act not rendered redundant if District Magistrate unable to handover possession

November 14, 2020 14271 Views 0 comment Print

C. Bright Vs District Collector & Ors. (Supreme Court) Whether the time limit of 30 days which is further extendable by a further period 30 days for a District Collector to secure the possession of a secured asset is mandatory or directory? The challenge in the present appeal is to an order passed by the […]

Retired employee can file his case at the place where he belongs or was getting pension

November 12, 2020 18405 Views 1 comment Print

Shanti Devi Alias Shanti Mishra Vs Union of India & Ors. (Supreme Court of India) A retired employee can prosecute his case at the place where he belonged to and was getting pension The deceased petitioner was continuously receiving pension for the last 08 years in his saving bank account in State Bank of India, […]

Order blacklisting beyond 3 years or maximum of 5 years was disproportionate

November 12, 2020 5055 Views 0 comment Print

Vetindia Pharmaceuticals Limited Vs State of Uttar Pradesh and Another (Supreme Court of India) An order of blacklisting operates to the prejudice of a commercial person not only in praesenti but also puts a taint which attaches far beyond and may well spell the death knell of the organisation/institution for all times to come described […]

Premature Disclosure of Pending tax Investigation to Media Not Justified in Law

November 8, 2020 621 Views 0 comment Print

The issue under consideration is whether the proceedings of enquiry/investigation undertaken at the airports without keeping it confidential and premature disclosure to the media (print/electronic) is justified in law?

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