Supreme Court of India

Bench strength is determinative of binding nature of judgement: SC

Trimurthi Fragrances (P) Ltd Vs Government of N.C.T. of Delhi (Supreme Court of India)

SC Held that the numerical strength of the Judges taking a particular view is not relevant, but the Bench strength is determinative of the binding nature of the Judgment....

Limitation provision applicable for initiation of CIRP in spite of initiation of winding up proceeding

Tech Sharp Engineers Pvt. Ltd. Vs Sanghvi Movers Limited (Supreme Court of India)

Held that the initiation of winding up proceedings in Madras High Court would not save limitation for initiation of proceedings for initiation of CIRP in the NCLT under Section 7 of the IBC....

Writ petition cannot be admitted by HC when alternative remedy of appeal exist: SC

State of Maharashtra Vs Greatship (India) Limited (Supreme Court of India)

State of Maharashtra Vs Greatship (India) Limited (Supreme Court) 1. Assessing Officer passed the assessment order determining the tax liability along with interest and penalty under the MVAT Act and CST Act 2. Assessee preferred Writ before Hon. Bombay High Court which quashed the Assessment Order and the Demand Notice 3. Against which R...

HC explains when Cheque Bounce case against Director/Partner can be quashed

S.P. Mani And Mohan Dairy Vs Dr. Snehalatha Elangovan (Supreme Court of India)

Vicarious liability can be fastened on those who were incharge of and responsible to the company or firm for the conduct of its business. Supreme Court observed that a High Court can quash a cheque case only if it comes across some unimpeachable and incontrovertible evidence to indicate that the Director/partner of a firm could not have b...

NCLT has Discretion to not admit CIRP Application despite default by Corporate Debtor: SC

Vidarbha Industries Power Limited Vs Axis Bank Limited (Supreme Court of  India)

NCLT and NCLAT fell in error in holding that once it was found that a debt existed and a Corporate Debtor was in default in payment of debt there would be no option to NCLT but to admit the petition under Section 7 of IBC....

Tax Concessions Disputes are Not Arbitrable: SC

Enterprises Coal Sales Pvt Ltd Vs Union of India (Supreme Court of India)

Enterprises Coal Sales Pvt Ltd Vs Union of India (Supreme Court of India) Appellant moved a writ petition before the High Court seeking, inter alia, the following reliefs: “(i) Issue a suitable writ, order or direction in the nature of mandamus commanding the respondent no.2 to accept, Form C and issue Form E-1 to the […]...

Right to Residence cannot be curtailed by State Reorganization Act: SC

State of Telangana Vs B. Subba Rayudu and Others (Supreme Court of India)

The Hon’ble Supreme Court held that the Constitution of India prohibits the State from making any law which takes away or infringes the rights conferred by Part III of the Constitution of India and any law made in contravention of Article 13(2), to the extent of the contravention would be void....

SC upheld ₹1 Crore Penalty for failure to comply with Summons of SEBI

DKG Buildcon Private Ltd. Vs Adjudicating & Enquiry Officer, SEBI (Supreme court of India)

DKG Buildcon Private Ltd. Vs Adjudicating & Enquiry Officer, SEBI (Supreme court of India) Investigation by SEBI which had concluded that the appellants and other entities were involved in aiding and abetting Ketan Parekh and his companies in rigging the securities market in the years 2000 and 2001 had not been challenged, at any poi...

Denial of pension is continuing wrong & court can’t be oblivious of difficulties of retired employee: SC

State of Rajasthan Vs O.P. Gupta (Supreme Court of India)

Denial of pension is a continuing wrong. This Court cannot also be oblivious to the difficulties of a retired employee in approaching the Court, which could include financial constraints....

Possessing price-sensitive information without an attempt to take advantage is not insider trading

Securities And Exchange Board of India Vs Abhijit Rajan (Supreme Court of India)

Supreme Court held that mere possession of price-sensitive information doesnt prove that the person was indulged in insider trading. There must be an attempt to take advantage of or encash the benefit of the information so possessed....

Browse All Categories

CA, CS, CMA (6,760)
Company Law (9,796)
Corporate Law (13,011)
Custom Duty (10,574)
DGFT (5,112)
Excise Duty (5,580)
Fema / RBI (5,652)
Finance (6,355)
Income Tax (48,794)
SEBI (5,245)
Service Tax (4,845)