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Supreme Court of India

Arnab Goswami Bail: SC on Liberty & High Court Powers

November 30, 2020 1527 Views 0 comment Print

Supreme Court grants Arnab Goswami interim bail, faulting Bombay HC for failing to protect personal liberty and conduct a prima facie FIR review in abetment case.

Constitute National Tribunals Commission to supervise appointments & functioning of Tribunals: SC to UOI

November 30, 2020 2085 Views 0 comment Print

Madras Bar Association Vs Union of India & Anr. (Supreme Court of India) (i) The Union of India shall constitute a National Tribunals Commission which shall act as an independent body to supervise the appointments and functioning of Tribunals, as well as to conduct disciplinary proceedings against members of Tribunals and to take care of […]

SC directs HC to decide on vires of Section 40(a)(iib) of Income Tax Act, 1961

November 29, 2020 1788 Views 0 comment Print

Tamil Nadu State Marketing Corporation Ltd. Vs Union of India And Others (Supreme Court of India) When the vires of Section 40(a)(iib) of the Income Tax Act were challenged, which can be decided by the High Court alone in exercise of powers under Article 226 of the Constitution of India, the High Court ought to […]

SC: No Litigant can be penalized for non appearance of lawyer-Judicial Reforms/Policy needed

November 26, 2020 18573 Views 0 comment Print

Parveen V. State of Haryana (Supreme Court) The Apex Court in a in a recent decision has ruled that it the appeal/revision/writ of a litigant cannot be dismissed if the  lawyer of the litigant it is not present in the court due to any reason whatsoever. The Court ruled on 16th November 2020 in the […]

HC not obliged to frame substantial question of law, if, it finds no error in findings of First Appellate Court

November 23, 2020 4290 Views 0 comment Print

Kirpa Ram (Deceased) Through Legal Representatives & Ors. Vs Surendra Deo Gaur & Ors. (Supreme Court) Sub-section (1) of Section 100 of the Code contemplates that an appeal shall lie to the High Court if it is satisfied that the case involves a substantial question of law. The substantial question of law is required to […]

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

November 22, 2020 2343 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 1401 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 2787 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 1215 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 1842 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.

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