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Supreme Court of India

SC Grants conditional Bail in GST Evasion Case

April 22, 2021 1887 Views 0 comment Print

Chhaya Devi Vs Union of India & Anr. (Supreme Court of Court) Supreme Court Grants Bail to petitioner Chhaya Devi in Alleged GST Evasion Case who  is a widow with five daughters and claimed that her  business was being looked after by the Manager who was in-charge of the business. Bail is Subject to deposit […]

Power of provisional attachment under GST is draconian in nature: SC

April 20, 2021 27900 Views 0 comment Print

Radha Krishan Industries Vs State of Himachal Pradesh (Supreme Court) SC explains law for provisional attachment of Bank Account under GST This Appeal was filed against the judgment and order of the Hon’ble Himachal Pradesh High Court (HP HC) wherein, the Court dismissed the writ petition challenging orders of provisional attachment on the ground that […]

Parties Autonomy is Underlying Principle of Arbitration | PASL Ltd V GE Power

April 20, 2021 1239 Views 0 comment Print

Recently in PASL Wind Solutions v. GE Power Conversion India, the question arose as to whether two companies incorporated in India can choose a forum for arbitration outside India.

SC Grants stay to ‘Tecnimont’ subject to further deposit of Rs. 5 Crore

April 19, 2021 1398 Views 0 comment Print

State of Punjab & Ors. Vs Tecnimont Pvt. Ltd. (Supreme Court) FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER Heard Mr. Karan Bharihoke, learned Advocate for State of Punjab and Mr. Jagmohan Bansal, learned counsel for the respondent on caveat. Considering the peculiar facts and circumstances of the case on record, in our view, the ends […]

Private Vehicle is Not A Public Place |Section 43 | NDPS Act | SC

April 16, 2021 3645 Views 0 comment Print

Boota Singh Vs State of Haryana (Supreme Court) The evidence in the present case clearly shows that the vehicle was not a public conveyance but was a vehicle belonging to accused Gurdeep Singh. The Registration Certificate of the vehicle, which has been placed on record also does not indicate it to be a Public Transport […]

SC issues Directions for Expeditious Trial of Cheque Bounce Cases | Section 138 | NI Act

April 16, 2021 3048 Views 1 comment Print

In Re Expeditious Trial of Cases Under Section 138 of N.I. Act 1881 (Supreme Court) 1) The High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints under Section 138 of the Act from summary trial to summons 2) Inquiry shall be conducted on receipt of […]

Liability shown in balance sheet can amount to acknowledgement of debt : SC

April 15, 2021 11049 Views 0 comment Print

Asset Reconstruction Company (India) Limited Vs Bishal Jaiswal & Anr. (Supreme Court) An exhaustive judgment of the Calcutta High Court in Bengal Silk Mills Co. v. Ismail Golam Hossain Ariff, 1961 SCC OnLine Cal 128 : AIR 1962 Cal 115 [“Bengal Silk Mills”] held that an acknowledgement of liability that is made in a balance […]

Interim orders of ‘not to arrest’ or ‘no coercive steps’ cannot be passed mechanically: SC

April 13, 2021 8253 Views 0 comment Print

Neeharika Infrastructure Pvt. Ltd. Vs State of Maharashtra (Supreme Court) The principal issue which arises is when and where the High Court would be justified in passing an interim order either staying the further investigation in the FIR/complaint or interim order in the nature of ‘no coercive steps’ and/or not to arrest the accused either […]

Extinguishment of Liabilities Post Approval of Resolution Plan?

April 13, 2021 15654 Views 0 comment Print

Supreme Court rules approved IBC resolution plan extinguishes all claims, including government dues, not part of the plan before approval date.

SC Bail – Extortion Payment Is Not Terror Funding

April 9, 2021 1290 Views 0 comment Print

Sudesh Kedia Vs Union of India (Supreme Court of India) 1. According to the prosecution, the Appellant was providing financial support to TPC and the material gathered during investigation discloses that the Appellant has committed offences under Section 17 of the Unlawful Activities (Prevention) Act. 2. The Appellant stated that the terror suspects contacted him […]

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