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Supreme Court of India

Working as Asst CS/ Management Trainee cannot be considered as equal to CS

February 5, 2019 2352 Views 0 comment Print

Working experience as an Assistant Company Secretary or a Management Trainee cannot be treated as equal to a Company Secretary so as to become eligible for the post of Company Secretary.

Former Directors of Corporate Debtor entitled to Resolution Plans to be discussed at COC meetings:SC

January 31, 2019 5595 Views 0 comment Print

The members of the suspended Board of Directors of the corporate debtor who wish to meaningfully participate in meetings held by the committee of creditors are entitled to get a copy of insolvency resolution plans from the resolution professional along with the notice of meetings. 

SC upheld Constitutional Validity of various provisions of Insolvency & Bankruptcy Code

January 25, 2019 4761 Views 0 comment Print

Swiss Ribbons Pvt. Ltd. & Anr Vs Union of India & Ors. (Supreme Court of India) The Insolvency Code is a legislation which deals with economic matters and, in the larger sense, deals with the economy of the country as a whole. Earlier experiments, as we have seen, in terms of legislations having failed, ‘trial‘ […]

Comprehending Underpinnings of Insolvency and Bankruptcy Code, 2016

January 25, 2019 3102 Views 0 comment Print

Insolvency & Bankruptcy Code 2016 paves way for a consolidated and un-bifurcated exhaustive law for insolvencies and bankruptcies applicable to corporate persons, firms and individuals.

Edible oil, Vanaspati & Sugar are agricultural produce for market fee

January 24, 2019 4359 Views 0 comment Print

Supreme Court has upheld High Court Order holding that edible oil, vanaspati and sugar are covered under he definition of agricultural produce under Section 2(1)(a) of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963, for the purpose of levy of market fee.

Arrest by DGCEI without SCN is Unconstitutional: SC

January 23, 2019 1227 Views 0 comment Print

Union of India & Ors. Vs Ms. Make My Trip (India) Pvt. Ltd. (Supreme Court) The issue is as to whether the power of arrest under Section 91 of the Finance Act, 1994 can be exercised without following the procedure as set out in Section 73A(3) and (4) of the said Act. The High Court […]

NDMC (Determination of Annual Rent) bye laws, 2009 are Ultra Vires of NDMC Act

January 22, 2019 4851 Views 0 comment Print

New Delhi Municipal Council Etc. Vs Association Of Concerned Citizens Of New Delhi And Others Etc. (Supreme Court of India) FACTS – NDMC made NDMC House Tax Bye-laws, 1962 and was published on 24th April, 1964. Section 60 empowers levy of taxes which includes property tax. NDMC adopted existing 1962 bye-laws in so far as levy […]

Test of Proportionality must guide in determining if presumption under Sec.139 was rebutted

January 18, 2019 1524 Views 0 comment Print

It was held that in determining whether the presumption has been rebutted, the test of proportionality must guide the determination. The standard of proof for rebuttal of the presumption u/s 139 is guided by a preponderance of probabilities.

HC should have condoned delay in removing office objections : SC

January 15, 2019 4104 Views 0 comment Print

CIT Vs M/s Reliance Industries Ltd. (Supreme Court of India) The appeal was filed by the Department (appellant herein) before the High Court against the judgment of the Income Tax Appellate Tribunal (ITAT). However, the said appeal was defective and the appellant took abnormal time of 1371 days in removing those defects. An application for […]

Compulsory acquisition vs. voluntary transfer of agricultural land- SC explains

January 14, 2019 3609 Views 0 comment Print

Balakrishnan Vs Union of India & Ors (Supreme Court of India) As far as the acquisition of the land was concerned, assessee had succumbed to the action taken by the Government in this behalf. He was put in such a condition that he knew that his land would be acquired and he could not reiterate […]

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