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Supreme Court of India

Sales Tax exemption- Availability to units after re-organization of States

February 3, 2020 690 Views 0 comment Print

State of Madhya Pradesh and Ors. Vs. Lafargy Dealers Association and Ors. (Supreme Court) Whenever a new state is created, there would be difficulties and, issues would arise but these have to be dealt within the parameters of the constitutional provisions and the law and not by negating the mandate of the Parliament which has […]

Landlord not precluded from making application for determination of fair rent during currency of contractual tenancy: SC

January 30, 2020 3474 Views 0 comment Print

N. Motilal & Ors. Vs. Faisal Bin Ali (Supreme Court) The moot question to be answered in this appeal is as to whether during currency of contractual tenancy i.e. during the currency of agreed rent between the landlord and the tenant whether landlord is precluded from making an application for determination of fair rent. Section […]

SMS Charges as cost’ of participating in KBC was not unfair trade practice

January 23, 2020 1785 Views 0 comment Print

Star India (P) Ltd. Vs Society of Catalysts (Supreme Court) It is apparent that the crucial question to be determined in the instant case is whether an unfair trade practice has been committed by the Appellants in the conduct of the HSHS contest, in terms of Section 2(1)(r)(3) of the 1986 Act. We hasten to […]

KBC: No unfair practice by Star India, Airtel: Penalty not leviable: SC

January 23, 2020 2322 Views 0 comment Print

Star India (P) Ltd. Vs Society of Catalysts & Anr. (Supreme Court) Supreme Court dismissed a ruling of the National Consumer Disputes Redressal Commission (NCDRC) that had ordered Star India and Airtel to pay punitive damages over alleged unfair trade practices in collecting funds to build up the cash prize for the popular quiz programme, […]

No Provision in IBC mandating that Resolution Plan Should Match Liquidation Value

January 22, 2020 4569 Views 0 comment Print

Maharasthra Seamless Limited Vs Padmanabhan Venkatesh & Ors. (Supreme Court) No Provision in IBC, 2016 which mandated that That Resolution Plan Should Match Liquidation Value No provision in Insolvency and Bankruptcy Code, 2016 or Regulations has been brought to our notice under which the bid of any Resolution Applicant has to match liquidation value arrived […]

Compensation Cess Validity- SC rejects review Petition of Mohit Mineral Case

January 21, 2020 2436 Views 0 comment Print

Mohit Mineral Pvt Ltd Vs UOI (Supreme Court) The Hon’ble Supreme Court in the above referred case held as under Application for oral hearing is rejected. The present review petition is devoid of merits & so merits being dismissed. The case pertained to the challenge to the Compensation Cess being levied by the Government under […]

Production of Books not Relevant in Cheque Bounce Cases | Section 138 | NI Act

January 20, 2020 8055 Views 0 comment Print

D. K. Chandel Vs Wockhardt Ltd. & Anr. (Supreme Court) The Supreme Court has observed that the production of the account books/cash book may not be relevant in a criminal case filed under Section 138 of the Negotiable Instruments Act. As held by the Trial Court as well as by the High Court that the […]

Contractual employees entitled to Employee Provident Fund benefit: SC

January 19, 2020 110418 Views 2 comments Print

Pawan Hans Limited & Ors. Vs Aviation Karmachari Sanghatana (Supreme Court) Members of the Respondent ­Union have been in continuous employment with the Company for long periods of time. They have been receiving wages/salary directly from the Company without the involvement of any contractor since the date of their engagement. The work being of a […]

Inquire against officers liable for inordinate delay in Appeal Filing: SC

January 17, 2020 702 Views 0 comment Print

The applications for condonation of delay in filing and refiling will be dismissed and then direct the State administration to hold an inquiry into the aspect as to who is responsible for such inordinate delay and take suitable action against the officers concerned.

Can Value of Resolution Plan be Lower than Liquidation Value? : SC Resolves

January 12, 2020 3921 Views 1 comment Print

Issue 1: Whether the scheme of the Code contemplates that the sum forming part of the resolution plan should match the liquidation value or not? Issue 2: Whether Section 12-A is the applicable route through which a successful Resolution Applicant can retreat?

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