Supreme Court of India

Tax concession disputes are not subject to arbitration: Supreme Court

Shree Enterprises Coal Sales Pvt Ltd. Vs Union of India & Anr (Supreme Court of India)

High Court dismissed the petition stating that the terms of e-auction provided that any dispute is arbitrable and the Appellant is virtually seeking the enforcement of a contract through a writ petition for raising a claim for refund....

SC: Liability to pay customs duty invocable when DEPB license is fake/forged

Munjal Showa Ltd. v. Commissioner of Customs and Central Excise (Supreme Court of India)

SC directed adjudicating authority to complete penalty proceedings on remand, at the earliest preferably within a period of six months from the date of this judgment as the penalty proceedings were reported to be pending pursuant to the remand order passed by the CESTAT....

Appointment on Compassionate Grounds cannot be done after long duration: SC

Fertilizers And Chemicals Travancore Ltd. & Ors. Vs Anusree K.B. (Supreme Court of India)

In present case, the Hon’ble Supreme Court held that the Respondent in this case shall not be entitled to the appointment on compassionate ground on the death of her father, who died in the year 1995. If such an appointment is made now, the same shall be against the object and purpose for which the appointment on compassionate ground is...

Income from Business, Investments and Agriculture shall be considered in computation of compensation under MV Act: SC

K. Ramya & Ors. Vs National Insurance Co. Ltd. & Anr. (Supreme Court of India)

In present case, the Hon’ble Supreme Court enhanced the Compensation under Motor Vehicles Act, by considering the income of the deceased under the heads of Income from Business and other investments and Income from Property and Agricultural Land as the deceased was having specialized skills in administering the business and was having g...

Leave encashment of privilege leave is part of salary: SC

Jagdish Prasad Saini Vs State of Rajasthan (Supreme Court of India)

Since the expression 'salary' included benefit of leave encashment which was nothing but salary for the unavailed leave to the credit of the employee, therefore, the condition that carry forward of balance privilege leave, was barred and requiring employees to seek encashment from their previous employer was an arbitrary and unconscionabl...

SARFAESI: CMM/DM not required to adjudicate disputes between Borrower/Third Party & Secured Creditor: SC

Balkrishna Rama Tarle Dead Thr LRS & Anr.  Vs Phoenix ARC Private Limited & Ors. (Supreme Court of India)

Balkrishna Rama Tarle Dead Thr LRS & Anr.  Vs Phoenix ARC Private Limited & Ors. (Supreme Court) On a fair reading of Section 14 of the SARFAESI Act, it appears that for taking possession of the secured assets in terms of Section 14(1) of the SARFAESI Act, the secured creditor is obliged to approach the […]...

SC explains Section 34 of U.P. Trade Tax Act

Commissioner, Trade Tax Vs Radico Khetan Ltd (Supreme Court of India)

Commissioner, Trade Tax Vs Radico Khetan Ltd (Supreme Court) Section 34 of U.P. Trade Tax Act shall be applicable only in a case where there is a transfer of immovable property belonging to the original assesee, during the pendency of any proceedings under the Act with the intention of defrauding any such tax or other […]...

CIRP Can Be Initiated even against Two Borrowers Falling under Ambit of Corporate Debtors: SC

Maitreya Doshi Vs Anand Rathi Global Finance Ltd. (Supreme Court of India)

Maitreya Doshi Vs Anand Rathi Global Finance Ltd. (Supreme Court) Apex Court held that If there are two borrowers or if two corporate bodies fall within the ambit of corporate debtors, there is no reason why proceedings under Section 7 of the IBC cannot be initiated against both the Corporate Debtors. Needless to mention, the […]...

No bar on withdrawal of CIRP application by applicant: SC

Ashok G. Rajani Vs Beacon Trusteeship Ltd. & Ors. (Supreme Court of India)

Ashok G. Rajani Vs Beacon Trusteeship Ltd. & Ors. (Supreme Court of India) This Appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) is against an interim order dated 18th August 2021 passed by the National Company Law Appellate Tribunal (NCLAT), Principal Bench at New Delhi in Company Appeal (AT) (Insolvency) No....

Furnishing of Opinion not necessary when Inspection of Opinion already made under SEBI Adjudication Rules

Kavi Arora Vs SEBI (Supreme Court)

There is no rule which requires SEBI to furnish the opinion under Rule 3 to the noticee in its entirety. The documents relied upon for formation of opinion were not required to be disclosed to the noticee unless relied upon in the inquiry....

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