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Supreme Court of India

SC: HC can entertain writ against Sec 16(2) Order of Arbitrator only in exceptional cases

January 6, 2021 6999 Views 0 comment Print

Writ petition under Article 226/227 against an order under Sec 16(2) of an Arbitrator can be entertained only in exceptional cases, therefore, the High Court should not have used its inherent power to interject the arbitral process at this stage.

Is Concession in Law made by Counsel Binding on the Client?

January 5, 2021 8532 Views 0 comment Print

Kirti & Anr. Etc. Vs Oriental Insurance Company Ltd (Supreme Court of India) A very important issue recently came up before the Apex Court wherein the Court settled the controversy as to whether concession made by any counsel would bind the litigating  party. The Apex Court  in the case of Kirti vs. Oriental Insurance Company […]

SC Upholds Centre’s Plan For Central Vista Project by 2:1 Majority

January 5, 2021 1935 Views 0 comment Print

Exercise of power by the Central Government under Section 11A(2) of the DDA Act, 1957 is just and proper and thus the modifications regarding change in land use of plot Nos. 2 to 8 in the Master Plan of Delhi, 2021/Zonal Development Plan for Zone-D and Zone-C vide impugned notification dated 20.3.2020 stands confirmed.

Acceptance of contract with variation or a condition is not a concluded contract

January 5, 2021 3861 Views 0 comment Print

When the acceptor puts in a new condition while accepting the contract already signed by proposer, the contract was not complete until the proposer accepted that condition. Thus, earnest deposit of assessee was liable to be refunded on concluded contract and there could be no question of any breach on the part of assessee or of damages or any risk purchase at the cost of assessee. 

Non Filing of Charge Sheet cannot be a ground for Cancellation of Bail

January 5, 2021 3792 Views 0 comment Print

On the ground that charge sheet was not filed within the prescribed period, an application for bail under Section 167(2) Cr.P.C. was filed by the appellant. The High Court ruled in his favour by holding that the appellant is entitled to bail under Section 167 as a complete charge sheet was not filed within the prescribed period. While granting bail, the High Court held that the appellant can be re-arrested after the charge sheet is filed.

Indian liaison office of UAE Company engaged in fund remittance services not constitute a PE in India

December 24, 2020 1650 Views 0 comment Print

Union of India Vs U.A.E. Exchange Centre (Supreme Court) Respondent was not carrying on any business activity in India as such, but only dispensing with the remittances by downloading information from the main server of respondent in UAE and printing cheques/drafts drawn on the banks in India as per the instructions given by the NRI […]

SC Explains meaning of word “date” & Whether it includes whole day or a particular time?

December 18, 2020 7326 Views 0 comment Print

Pradeep Kumar Sonthalia Vs Dhiraj Prasad Sahu & Dhiraj Sahu Anr. (Supreme Court) In the present case, it would be significant to add that it is not necessary to make a declaration incompatible in the use of the word ‘date’ with the general rule of law since the word ‘date’ is quite capable of meaning […]

Take Stern against anyone violating Covid Guidelines & SOPs: SC

December 18, 2020 1170 Views 0 comment Print

Despite the Guidelines and SOPs issued, for lack of implementation the Pandemic has spread like wild fire. A strict and stern action should be taken against those who are violating the Guidelines and SOPs, whoever he may be and whatever position the violator is occupying.

Law on Delay Condonation does not differentiate between Government & private party: SC

December 18, 2020 4086 Views 1 comment Print

Deputy Conservator Of Forests Vs. Timblo Irmaos Ltd. & Ors. (Supreme Court) The law on Delay Condonation does not differentiate between Government & private party- Mst. Katiji & Ors., AIR 1987 SC 1353 out dated due to technological advancements. The Apex Court has been repeatedly reiterating that the Government cannot take the plea of differential […]

SC Stays Delhi HC order which allowed GSTR-3B rectification

December 17, 2020 11511 Views 0 comment Print

Union Of India Vs. Bharti Airtel Ltd. & Ors. (Supreme Court) Hon’ble Supreme Court has stayed Delhi High Court  Order in the case of Bharti Airtel Limited Vs Union of India & Ors. by which High Court allowed Form GSTR-3B rectification. Matter will list in the first week of March, 2021 for final disposal. Earlier […]

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