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Supreme Court of India

SC lifts Ban Imposed by RBI on Cryptocurrency (Read Judgment)

March 7, 2020 2874 Views 0 comment Print

Internet And Mobile Association of India Vs RBI (Supreme Court of India) We cannot lose sight of three important aspects namely, (i) that RBI has not so far found, in the past 5 years or more, the activities of VC exchanges to have actually impacted adversely, the way the entities regulated by RBI function (ii) […]

No contravention of EXIM Policy in case finished goods after job work cleared to DTA

March 6, 2020 2217 Views 0 comment Print

Commissioner of Central Excise Vs Universal Ferro & Allied Chemicals Ltd. (Supreme Court of India) Conclusion: Since in the transaction between the UFAC and TISCO, there was no transfer of property in goods to the UFAC and, as such, it could not be considered to be a sale under section 4 of the Sale of […]

Whether FCRA, 2010 allows Govt to decide political Status of an organisation?

March 6, 2020 2586 Views 0 comment Print

Whether Foreign Contribution (Regulation) Act 2010 (FCRA, 2010) (read with rules) allows Central Government to freely decide whether an organisation is political or not? What is Foreign Contribution (Regulation) Act 2010? The Foreign Contribution (Regulation) Act 2010 and rules framed under it (the ‘FCRA’ or ‘Act’) regulate contribution by non-governmental organisations (‘NGO’) in India. The […]

‘Seat of Arbitration’ instead of ‘Place of Arbitration’ was basis to determine supervisory power of a Court over arbitration

March 5, 2020 1290 Views 0 comment Print

Since the reference to Hong Kong as ‘place of arbitration’ was not a simple reference as the ‘venue’ for the arbitral proceedings; but a reference to Hong Kong was for final resolution by arbitration administered in Hong Kong

SC dismisses Dept. SLP against HC permission to file Revised TRAN-1

March 2, 2020 7671 Views 0 comment Print

Union of India & Ors. Vs. Adfert Technologies Pvt. Ltd. (Supreme Court) In the case of Adfert Technologies Pvt. Ltd. Vs Union of India & Ors., Punjab & Haryana High Court) has  directed the Government to permit the Petitioners to file or revise where already filed incorrect TRAN-1 either electronically or manually statutory Form(s) TRAN-1 […]

DRAT cannot entertain an Appeal under SARFAESI Act without Pre- deposit

March 2, 2020 13425 Views 0 comment Print

The issue under consideration is whether the High Court was right in directing that pre-­deposit was not required for entertaining an appeal before the DRAT as mandated by Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short SARFAESI Act).

SC set aside NCLAT order in the matter of Jaypee Infratech Vs Axis Bank

February 29, 2020 3633 Views 0 comment Print

Supreme Court judgment on avoidance of transactions under Insolvency Code. Key rulings on sections 43, 45, and 66. Anuj Jain vs Axis Bank. Legal insights.

Hardcastle Restaurants- SC Transfers all Writ Petitions to Delhi HC related to Anti Profiteering

February 29, 2020 1494 Views 0 comment Print

In the given case, a batch of writ petitions are pending before the High Courts of Delhi, Bombay and Punjab and Haryana in which the constitutional validity of Section 171 of the Central Goods and Services Tax Act 2017 read with Rule 126 of the Central Goods and Services Tax Rules 2017 and other cognate provisions, is under challenge. 

Dept cannot deny to pay after acknowledging the liability to pay

February 26, 2020 1359 Views 0 comment Print

Kishore Jagjivandas Tanna Vs Joint Director of Income Tax (Inv.) & Anr (Supreme Court)  In the facts of the present case, the respondents do not and cannot dispute that they have to refund the seized amount. Further, considerable delay and failure to make the payment constitutes and is inseparable from the cause of action as […]

Bogus share capital/ premium- SC dismisses Review Petition of NRA Iron & Steel

February 20, 2020 4068 Views 0 comment Print

SC has upheld addition under Section of Share Capital and Share premium Considering the Same as Bogus as Appellant was  failed to prove the genuineness of the transaction of receiving share application money and to prove the creditworthiness.

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