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Supreme Court of India

SC explains Territorial jurisdiction in a cheque bouncing case

October 8, 2020 69192 Views 0 comment Print

Supreme Court states that as per section 142(2)(a) of the Negotiable Instrument Act, the court within whose jurisdiction the branch of the bank where the payee maintains the account is situated, will have jurisdiction to try the offence, if the cheque is delivered for collection through an account.

Employer liable, under Motor Vehicles Act, if permits driver to drive with an expired license: SC

October 5, 2020 3231 Views 0 comment Print

Bell Ram Vs Rajinder Kumar & Anr. (Supreme Court) 1. The sole question of law for consideration in the present appeals is whether in case of a valid driving licence, if the licence has expired, the insured is absolved of its liability. 2. The facts are in a very narrow compass. The first respondent herein, […]

Notification cannot have retrospective effect unless authorised by statue: SC

October 2, 2020 25221 Views 0 comment Print

Union of India & Ors. Vs M/s G S Chatha Rice Mills & Anr. (Supreme Court) In the context of the Customs Act, and having regard to the Scheme, which, in the case of import duty, consists of filing of Bill of Entry for home consumption, self-assessment and payment of duty on the basis of […]

SC allows withdrawal of Appeal for mere Excise Component under SVLDR Scheme, 2019

September 27, 2020 969 Views 0 comment Print

The issue under consideration is whether petitioner’s request to withdraw appeal in respect of the excise component under Sabka Vishwas (Legacy Dispute Resolution) (SVLDR) Scheme, 2019 can be accepted by the court?

Judicial review should not be exercised virtually as a continuous oversight of DA’s functions: SC

September 22, 2020 861 Views 0 comment Print

Designated Authority & Ors. Vs. Andhra Petrochemicals Ltd. (Supreme Court) Access to judicial review is a valuable right conferred upon citizens and persons aggrieved; the Constitution arms the High Courtsand this court with powers under Articles 226 and 32. At the same time, barring exceptional features necessitating intervention in an ongoing investigation triggered by a […]

SC on 44 year old case & need for Vibrant system of Advance Ruling

September 21, 2020 1143 Views 0 comment Print

Supreme Court (SC) on Forty-Four year old case and need for Vibrant system of Advance Ruling Recently, Supreme Court delivered its verdict in a Forty-Four (44) year old pending case in case of National Co-operative Development Corporation. While the interesting part of the judgment is the Two Postscripts penned down by Justice Kaul but let’s […]

National co-op development corporation Vs. CIT- SC decides 44 years Old dispute

September 17, 2020 3939 Views 0 comment Print

National Co-Operative Development Corporation Vs. CIT (Supreme Court) The factual matrix: 1. The appellant-Corporation, National Co-operative Development Corporation, was established under the National Cooperative Development Corporation Act, 1962 (hereinafter referred to as the ‘NCDC Act’). 2. The functions of the appellant-Corporation are set out in Section 9 of the NCDC Act, which is, inter alia, […]

Service Tax Levied on Charges Collected for Supply of Pipes & Measuring Equipment

September 17, 2020 2367 Views 0 comment Print

The issue under consideration is whether service tax will be levied on the charges collected by the Adani Gas Ltd for supply of pipes and measuring equipment to its customers u/s 65(105)(zzzzj) of the Finance Act, 1994?

Changes in duty liability on DTA clearances from EOU applies prospectively only

September 15, 2020 8481 Views 0 comment Print

L. R. Brothers Indo Flora Ltd. Vs. Commissioner of Central Excise (Supreme Court) The appellant being a 100% EOU and into manufacture of cut flowers, without obtaining the approval of the Development Commissioner and without maintaining the requisite net foreign exchange earning, made DTA sales to the extent of Rs.38,40,537/­ during 1998­-99 to 2000­01 (upto […]

Not to declare petitioner as NPA till Further Order: SC

September 14, 2020 7545 Views 0 comment Print

Gajendra Sharma Vs Union of India (Supreme Court ) The issue under consideration is whether the interest will be charged on loan during moratorium period which is declared by RBI due to COVID-19? As per RBI’s circular dated 27th March, 2020 the RBI has extended the moratorium period from June 01 to 31st August, 2020 […]

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