2 Supreme Court of India

Supreme Court of India

No serious efforts in Investigation of illegal liquors cases in Punjab: SC

Tarsem Jodhan & Anr Vs The State Of Punjab & Ors (Supreme Court of India)

SC observed that It appears that no serious efforts seem to have been made to reach out to the real guilty/culprits who are in business of manufacture and transportation of such illegal liquors....

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Litigant cannot Be Expected To Wait Indefinitely For Reasons: SC

K. Madan Mohan Rao Vs Bheemrao Baswanthrao Patil & Ors. (Supreme Court of India)

We are constrained to observe that a party to the litigation cannot be expected to wait indefinitely for availability of the reasons for the order of the Court....

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Court is required to ensure that prima facie a genuine arbitrable dispute exists

Oriental Insurance Company Limited Vs Dacite Furnishing Limited (Supreme Court)

Oriental Insurance Company Limited Vs Dacite Furnishing Limited (Supreme Court) For deciding the application under Section 11(6) of Arbitration Act, 1996, the court is required to ensure that an arbitrable dispute exists and has to be prima facie convinced about the genuineness or credibility of the plea and not be too particular about th...

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Directors receiving remuneration is employee under ESI Act: SC

Employees State Insurance Corporation Vs Venus Alloy Pvt. Ltd. (Supreme Court )

High Court in the present case has been in error in assuming that the Director of a Company, who had been receiving remuneration for discharge of duties assigned to him, may not fall within the definition of an employee for the purpose of the ESI Act....

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Director of Company can file defamation case for Defamatory publication: SC

John Thomas Vs Dr. K. Jagdeesan (Supreme Court of India)

John Thomas Vs Dr. K. Jagdeesan (Supreme Court of India) A renowned hospital in the Metropolis of Madras (Chennai) has been caricatured in a newspaper as the abattoir of human kidneys for trafficking purposes. When the Director of the Hospital complained of defamation, the publisher of the newspaper sought shelter under the umbrage that t...

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Lease renewal is a privilege and tenant must renew Lease within time: SC

Orissa Industrial Infrastructure Development Corporation V. Mesco Kalinga Steel Ltd. & Ors (Supreme Court of India)

Orissa Industrial Infrastructure Development Corporation V. Mesco Kalinga Steel Ltd. & Ors (Supreme Court)  Lease of industrial land from government authority – Lessee neglected to execute lease deed for years – Lease cancelled and land resumed lessee obtaining order from High court for the allotment of land. The Apex Court held ...

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Whether Gratuity can be forfeited on Dismissal of an Employee from service?

Union Bank of India Vs C.G. Ajay Babu (Supreme Court of India)

Whether forfeiture of gratuity, under Payment of Gratuity Act, 1972, is automatic on dismissal from service, is issue for consideration in this case....

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Whether interim wages included in term ‘wages’ under ESI Act?

Employees State Insurance Corporation & Anr. Vs Mangalam Publications (I) Private Limited (Supreme Court of India)

A plain reading of the definition of Section 2(22) of the ESI Act makes it amply clear that wages means all remuneration paid or payable in cash to an employee, if the terms of the contract of the employment, expressed or implied, were fulfilled and includes other additional remuneration, if any, paid at intervals not exceeding two months...

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Strict rules of evidence as applicable in a criminal trial, are not applicable in motor accident compensation cases: SC

Rajwati @Rajjo & Ors. Vs United India Insurance Company Ltd. & Ors. (Supreme Court of India)

The Honble Supreme Court held that that strict rules of evidence as applicable in a criminal trial, are not applicable in motor accident compensation cases. In other words, the standard of proof to be borne in mind must be of preponderance of probability and not the strict standard of proof beyond all reasonable doubt which is followed in...

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Cess/Surcharge is not allowed as business expenditure u/s 37 of the IT Act, 1961

Joint Commissioner of Income Tax Vs  M/s. Chambal Fertilizers & Chemicals Limited (Supreme Court of India)

Supreme Court in JCIT v. M/s. Chambal Fertilizers & Chemicals Limited held that the term tax under Section 40(a)(ii) of the Income Tax Act, 1961 should also include cess....

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