Supreme Court of India

Stamp duty has to be independently paid for a Power of Attorney executed along with a deed assigning debt: SC

Asset Reconstruction Co. (India) Ltd. Vs Chief Controlling Revenue Authority (Supreme Court of India)

Asset Reconstruction Co. (India) Ltd. Vs Chief Controlling Revenue Authority (Supreme Court of India) The High Court overlooked the fact that there was no independent instrument of PoA and that in any case, the power of sale of a secured asset flowed out of the provisions of the Securitisation Act, 2002 and not out of […]...

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IBC is not For Money Recovery Proceedings: SC

Invent Asset Securitisation And Reconstruction Pvt. Ltd. Vs Girnar Fibres Ltd (Supreme Court of India)

Invent Asset Securitisation And Reconstruction Pvt. Ltd. Vs Girnar Fibres Ltd (Supreme Court of India) Time and again, it has been expressed and explained by this Court that the provisions of the Code are essentially intended to bring the corporate debtor to its feet and are not of money recovery proceedings as such. The intent […]...

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Conveyance Allowance not part of wages for Computation of ESI Contribution: SC

Talema Electronic India Private Limited Vs Regional Director, ESI Corporation & Anr. (Supreme Court)

ESI Court held that the conveyance allowance paid to the employees by the appellant herein does not include the wages, the employer has preferred the present appeal....

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Section 188- Related Parties- Bar of Voting Operates Only At the Time of Entering Into Contract Or Arrangement

SEBI Vs R.T. Agro Private Limited (Supreme Court)

Bar of voting as per Section 188 of the Companies Act, 2013 on related parties operated only at the time of entering into a contract or arrangement,...

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IBC – Moratorium Applies Only to Corporate Debtor & not to Director: SC

Narinder Garg Vs Kotak Mahindra Bank Ltd. (Supreme Court of India)

Narinder Garg Vs Kotak Mahindra Bank Ltd. (Supreme Court) In P. Mohanraj & Others v. Shah Brothers Ispat Private Limited, (2021) 6 SCC 258, a Bench of three-Judges of this Court considered the matter whether a corporate entity in respect of which moratorium had become effective could be proceeded against in terms of Sections 138 [&hel...

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Arbitral Tribunal should address application on discovery and inspection first before addressing jurisdiction plea

Oil and Natural Gas Corporation Ltd. Vs Discovery Enterprises Pvt. Ltd. (Supreme Court of India)

Held that the first Arbitral Tribunal deferred a decision on the two applications until the issue of jurisdiction was decided. The net result is that the applications for discovery and inspection which were crucial to ONGC’s claim that there existed functional, financial and economic unity between DEPL and JDIL remained to be decided be...

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OBC Candidates must be appointed through General Quota If they Are Meritorious: SC

Bharat Sanchar Nigam Limited Vs Sandeep Choudhary (Supreme Court of India)

Bharat Sanchar Nigam Limited Vs Sandeep Choudhary (Supreme Court) OBC Candidates Must Be Appointed Through General Quota If They Are Meritorious Than The Last General Quota Candidate: Supreme Court of India. BRIEF FACTS: 1. In this case, the Respondent had applied for the post of Telecom Technical Assistant (TTA) in BSNL. 2. A competitive...

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SC sets aside all HC orders with a direction to treat old notices as deemed notices under section 148A

Union of India Vs Ashish Agarwal (Supreme Court of India)

Union of India Vs Ashish Agarwal (Supreme Court) Hon. Supreme Court Validates Section 148 Notices issued after 31st March 2021- Surprising Turn of Events Introduction: – Various High Courts had quashed reassessment notices issued u/s 148 of the act, on the ground that the same are bad in law in view of the new reassessment […...

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Apex Court Dictum of automatic vacation of stay in Asia Resurfacing case not applicable in all facts & circumstances

Asian Resurfacing of Road Agency P. Ltd. Vs Central Bureau of Investigation (Supreme Court of India)

Asian Resurfacing of Road Agency P. Ltd. Vs Central Bureau of Investigation (Supreme Court of India) The Apex Court in the historic case of Asian Resurfacing of Road Agency Private Limited and Another v. Central Bureau of Investigation (2018) 16 SCC 299 had ruled that in all civil & criminal cases stay granted by a […]...

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Doctors can run individual clinics in NOIDA residential areas but not nursing homes: SC

Chairman & Chief Executive Officer Vs Mange Ram Sharma (Supreme Court of India)

Chairman & Chief Executive Officer Vs Mange Ram Sharma (Supreme Court) Supreme Court held that individual doctors would not be entitled to any benefit under the Scheme that the NODIA will declare under this order. A clinic simplicitor can be run by a doctor within such area as already specified, of his or her residence. […]...

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