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Supreme Court of India

Parent Alienation Syndrome vis-à-vis Child Custody Dispute: SC

May 9, 2024 537 Views 0 comment Print

Understand the landmark case of Col. Ramneesh Pal Singh Vs Sugandhi Aggarwal in the Supreme Court of India, addressing Parental Alienation Syndrome (PAS) and child custody disputes. Discover the legal analysis and conclusions.

SC Upholds Taxability of Interest-Free Loans to Bank Employees

May 9, 2024 2289 Views 1 comment Print

Explore the Supreme Court’s decision upholding the taxation of interest-free/concessional loans to bank employees as perquisites under Rule 3(7)(i) of the Income Tax Rules.

SC Upholds Time Limit under Section 38(3) for Refunds under Delhi VAT

May 9, 2024 426 Views 0 comment Print

Explore how the Supreme Court’s ruling reinforces strict adherence to refund timelines under the Delhi Value Added Tax Act in the case of Commissioner vs FEMC Pratibha JV.

SC Refuses to Hear Plea Against 45-Day Payment Rule U/S 43B(h)

May 8, 2024 11511 Views 0 comment Print

Supreme Court dismisses plea under Article 32 against 45-day payment rule. Detailed analysis of the judgment and implications for businesses.

SC Ruling on CESTAT Jurisdiction for compounding of offence under Customs Act, 1962

May 6, 2024 219 Views 0 comment Print

In the case of Principal Commissioner of Custom Vs Khan Sadaf, the Supreme Court of India dealt with the issue of whether the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) had the jurisdiction to entertain an application for compounding of an offence under Section 137 of the Customs Act, 1962.

Case of medical negligence as ‘Egg Shell Skull’ Rule could be apply only when patient had pre-existing conditions

May 3, 2024 327 Views 0 comment Print

Compensation by its very nature, had to be just. For suffering, no part of which was the claimant-appellant’s own fault, she had been awarded a sum which could, at best, be described as ‘paltry’. In regard to the application of the Eggshell-Skull Rule, the impugned judgment was silent as to how this rule applied to the present case.

Amounts covered by security deposits under agreements constitute financial debt: SC

April 29, 2024 711 Views 0 comment Print

Supreme Court held that that the amounts covered by security deposits under the agreements constitute financial debt. Accordingly, section 5(7) of IBC categorizes the person as financial creditor if a financial debt is owned to it.

Assessee Can Claim LTCG Exemption During Assessment Despite Survey Statements

April 29, 2024 1215 Views 0 comment Print

The central question raised was whether the Assessee could claim exemption under Section 10(38) after initially not doing so during the assessment proceedings.

Upon Repeal, Old Provision Ends; Substituted One Activates Upon Replacement

April 29, 2024 621 Views 0 comment Print

Supreme Court held that subject to statutory stipulation, a repealed provision ceased to operate from the date of repeal, and the substituted provision started operating as and when it is substituted.

SC explains Tests for granting interim injunctions/ stay orders

April 28, 2024 648 Views 0 comment Print

Explore Supreme Court of India’s tests for granting interim injunctions/stay orders, highlighting three-fold test, additional factors, and balance between free speech and reputation.

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