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Supreme Court of India

Compensation attributable to a negative/restrictive covenant is a capital receipt & Taxable u/s 28(va)

July 28, 2020 1581 Views 0 comment Print

The issue under consideration is whether the non-compete fee could be taxed under any provision other than Section 28(ii)(a) of the Income Tax Act, 1961?

SC removed allegations levied on Tax Officer & set aside order for recovery of costs from personal resources

July 28, 2020 1032 Views 0 comment Print

Supreme Court states that they have find from the record that the learned Single Judge had no reasonable justification to hold that the petitioner had passed a whimsical order and that it suffered from malice in fact and in law.

Factors to be considered in case of Motor Vehicle Accident Compensation

July 27, 2020 6414 Views 0 comment Print

Erudhaya Priya vs State Express Transport Corporation Ltd. (Supreme Court) In a recent judgment on 27th July 2020, the Supreme Court of India has concluded it shall be necessary to take note of the factors like career prospects and future advancement in life while applying the multiplier method to calculate that while applying the multiplier for providing compensation […]

Compensation attributable to a negative/restrictive covenant is a capital receipt : SC

July 25, 2020 3777 Views 0 comment Print

Shiv Raj Gupta Vs CIT (Supreme Court) The Apex Court in the case of Shiv​ Raj Gupta v. CIT1 held that the compensation attributable to a negative/restrictive covenant is a capital receipt. The Apex Court reiterated that the test of commercial expediency would have to be adjudged from the point of view of the businessman […]

SC confirms One Year Imprisonment for Demanding Bribe of Rs. 300

July 24, 2020 1434 Views 0 comment Print

SC confirmed One Year Rigorous Imprisonment for Revenue Officer for Demanding Bribe of Rs 300

SC lays conditions for exercise of power under Article 139A to transfer cases from HC to itself

July 23, 2020 5814 Views 0 comment Print

In a recent judgement dated 23 July, 2020 in the case of Sunil Rathee & Ors. vs The State of Haryana & Ors., the Apex Court had an opportunity to explain the circumstances when cases can be transferred from High Courts to itself under Article 139A of the Constitution of India.

Dispute under IBC Code Must be Truly Exist in Facts

July 20, 2020 1488 Views 0 comment Print

The Supreme Court has reiterated that ‘dispute’ for the purpose of Section 8 of the Insolvency and Bankruptcy Code must truly exist in the facts and spurious, hypothetical and illusory

Ultratech Cement liable to Pay Interest @ 12% on Exessive Subsidy until Entire Excess Subsidy Recovered

July 17, 2020 1485 Views 0 comment Print

Whether interest will be levied on availment of excessive subsidies of 25% under Rajasthan Investment Promotion Scheme-2003 until the whole excessive subsidies are recovered?

SC refuses to interfere with period of validity of cheque

July 10, 2020 19785 Views 1 comment Print

In re Cognizance for Extension of Limitation (Supreme Court) With reference to the prayer, that the period of validity of a cheque be extended, we find that the said  period has  not  been  prescribed by  any Statute but  it  is  a  period  prescribed by the Reserve Bank of India under Section 35A of the Banking […]

Non Payment of part Sale Consideration not makes a Sale Deed Void or cancellable: SC

July 9, 2020 44886 Views 0 comment Print

Dahiben Vs Arvindbhai Kalyanji Bhanusali (Gajra)(D) Thr Lrs & Ors (Supreme Court) Non Payment of part of Sale Consideration does not make a Sale Deed ‘Void’ nor constitutes a valid ground for Cancellation The Apex Court in the case of Dahiben vs. Arvindbhai Kalyanji Bhanusali (Gajra)(D) Thr Lrs decided on July 9, 2020 has categorically […]

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