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Supreme Court of India

Property tax exemption was allowable on hostels for students & residential accommodation for nuns

March 1, 2021 6414 Views 0 comment Print

Residential accommodation for nuns and hostels for students which were attached to various educational institutions could claim property tax exemption under Kerala Building Tax Act, 1975.

A contract is void if prohibited by a statute under a Penalty: SC

February 26, 2021 4455 Views 0 comment Print

Asha John Divianathan Vs. Vikram Malhotra & Ors. (Supreme Court) Transaction entered into by a foreign citizen of ‘Indian origin’, to deal with real estate in India on certain conditions – transaction (specified in Section 31 of Foreign Exchange Regulation Act, 1973) entered into in contravention of that provision is void or is only voidable […]

Drivers, Whose Work Is Arranged Through Uber APP are Workers of Uber & not Independent Contractors: UK SC

February 19, 2021 1395 Views 0 comment Print

Uber BV And Others  Vs Aslam And Others (Supreme Court of UK) The central question on this appeal is whether an employment tribunal was entitled to find that drivers whose work is arranged through Uber’s smartphone application (the Uber app) work for Uber under workers’ contracts and so qualify for the national minimum wage, paid […]

SC Lays Down Guidelines for Operation & Safety of Lockers

February 19, 2021 6816 Views 1 comment Print

Supreme Court mandates strict procedures for bank lockers. Ensure compliance, notify changes, maintain records. Judgment details in Amitabha Dasgupta case.

Arbitration Clause in Contract Not an Absolute Bar to Availing Remedies Under Article 226

February 17, 2021 2001 Views 0 comment Print

Unitech Limited &  Ors. Vs Telangana State Industrial Infrastructure Corporation (TSIIC) & Ors. (Supreme Court) Article 23.1 of the Development Agreement in the present case mandates the parties to resolve their disputes through an arbitration. However, the presence of an arbitration clause within a contract between a state instrumentality and a private party has not […]

In appropriate cases Pre-deposit of 50% of decretal amount before DRAT can be reduced

February 16, 2021 4824 Views 0 comment Print

Kotak Mahindra Bank Pvt. Limited Vs Ambuj A. Kasliwal & Ors (Supreme Court) The extracted portion indicates that the High Court has proceeded at a tangent while adverting to the aspect of recovery made towards the loan amount from the land acquisition compensation payable to respondent No.3. The conclusion appears to be that the receipt […]

SC directed UOI to file affidavit regarding technical glitches faced in filing GST TRAN-01

February 15, 2021 2271 Views 0 comment Print

Union of India & Ors. Vs National Engineering Co. (Supreme Court of India) The Hon’ble Supreme Court of India in Union of India & Ors. v. M/s National Engineering Co. [Special Leave Petition (Civil) Diary No(s). 2701/2021, dated February 15, 2021] directed Union of India (the Petitioner) to file an affidavit within 4 weeks, answering […]

SC rules that Reasoned Judgements to be delivered along with Operative Orders

February 15, 2021 5049 Views 0 comment Print

Sudipta Chakrobarty & ANR. Vs Ranaghat S.D. Hospital & ORS. (Supreme Court) It is Common knowledge that some Courts/ Tribunals/ Officers have a practice to pass operative part of the order but give a reasoned/detailed order stating reasons much later sometimes even months later. The Apex Court recently on February 15, 2021 in the case […]

SC ask govt steps they will take to stop habitual delay in appeal filing

February 10, 2021 582 Views 0 comment Print

C.C.E. And S.T. Vs Bilfinder Neo Structo Contruction Ltd. (Supreme Court) 1. There is a delay of 536 days in filing the appeal against the order of the Customs Excise and Service Tax Appellate Tribunal. Repeatedly, it has come to the notice of this Court that appeals in revenue matters involving indirect taxation are being […]

Blank Cheque, Signed & Handed over voluntarily attracts presumption U/s. 139 of NI Act

February 10, 2021 7638 Views 0 comment Print

M/s. Kalamani Tex & Anr Vs P. Balasubramanian (Supreme Court of India) Section 118 and Section 139 of Negotiable Instruments Act mandates that once the signature(s) of an accused on the cheque/negotiable instrument are established, then these ‘reverse onus’ clauses become operative. In such a situation, the obligation shifts upon the accused to discharge the […]

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