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Supreme Court of India

SC ruling on whether deficiency in service to lead to compensation under Consumer Protection Laws

February 8, 2023 5106 Views 0 comment Print

Whether improper hair cut & consequent humiliation/embarrassment is deficiency in service for compensation under Consumer Protection Laws

Extension of period up to which delay can be condoned is not the same as extension of limitation period: SC

February 7, 2023 2871 Views 0 comment Print

SC held that extension of period up to which delay can be condoned is not the same as the extension of limitation period ( Sagufa Ahmed & Ors. v. Upper Assam Plywood Products Pvt. Ltd. & Ors)

When a Writ petition can be entertained under Article 226 without relegating the petitioner to alternative remedy

February 2, 2023 4614 Views 0 comment Print

Though this issue is no longer res integra in view of catena of judicial decisions of the highest court of the Country, the Hon’ble Supreme Court once again considered this matter when the Punjab & Haryana High court relegated the assessee to alternative remedy in a challenge made to jurisdiction of the revisional authority to reopen proceedings u/s 34 of the VAT Act.

RERA Prevails over SARFAESI & can entertain complaints by home buyers against bank: SC

February 1, 2023 8022 Views 0 comment Print

Union Bank of India Vs Rajasthan Real Estate Regulatory Authority (Supreme Court of India) The Supreme Court upheld  Rajasthan High Court judgment and held that RERA would not apply in relation to the transaction between the borrower and the banks and financial institutions in cases where security interest has been created by mortgaging the property […]

Liability to pay interest by developer when disputed amount is returned by way of Pay order

February 1, 2023 1269 Views 0 comment Print

K.L. Suneja Vs Dr. (Mrs.) Manjeet Kaur Monga (D) (Supreme Court of India) An interesting question arose in this case where an apartment buyer was returned the money paid by her by way of a Pay-order by the developer instead of giving the flat. This was disputed by the flat allottee as she was willing […]

Entire project cannot be stalled for dispute in respect of small part of project

January 28, 2023 1146 Views 0 comment Print

Supreme Court ruling: Disputes affecting only a fraction of a project should not halt the entire venture. Explore the legal perspective on Developer Group India Pvt. Ltd. vs. Surinder Singh Marwah. Learn about the principles guiding court orders in such matters.

Bail Condition to deposit INR 70 Lakhs for alleged wrongful availment of ITC is not sustainable

January 28, 2023 2562 Views 0 comment Print

SC set aside the condition imposed by Chhattisgarh HC, of depositing INR 70 Lakh for grant of bail in a matter of wrongful availment of ITC

From 20.10.1989 ESI Act is applicable to factory/establishment irrespective of persons employed

January 27, 2023 3336 Views 1 comment Print

Supreme Court held that insertion of sub-section (6) to section 1 is effective from 20.10.1989. Hence, on and after 20.10.1989, irrespective of number of persons employed a factory or an establishment shall be governed by the ESI Act.

GST: Detention: Quashing of SCN at Initial Stage by HC – Declared as Pre-Mature by SC

January 25, 2023 2307 Views 0 comment Print

It is held that HC has erred in entertaining the writ petition against the SCN and quashing of notice is pre-mature and the merits of the case have to be considered by the original authority in an appropriate proceeding.

No Service Tax on activity of digital offset and offset printing: SC

January 23, 2023 2745 Views 1 comment Print

SC held that the activity of digital offset and offset printing amounts to manufacture and same is classifiable under heading chapter 4911 of Central Excise Tariff.

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