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Supreme Court of India

SC Decision on Disproportionate Share Allotment: Applicability of Section 81 of Companies Act 1956

June 18, 2023 4623 Views 0 comment Print

Read the analysis of the Supreme Court of India’s verdict in the case of Hasmukhlal Madhavlal Patel And Anr. vs Ambika Food Products Pvt. Ltd. And Ors. regarding disproportionate allotment of shares in a right issue by a private limited company. The court’s ruling examines the applicability of Section 81 of the Companies Act, 1956 and its implications for directors’ responsibilities.

Sales tax leviable on credit note issued by manufacturer to dealer relating to replacement of defective parts

June 13, 2023 1899 Views 0 comment Print

Supreme Court held that the credit note issued by a manufacturer to the dealer, relating to the replacement of defective parts, is a valuable consideration and hence, leviable to sales tax.

Will (Before Death of Testator) Or POA cannot Confer Title in Immovable Property: SC

June 9, 2023 17028 Views 0 comment Print

SC in the Ghanshyam Vs Yogendra Rathi, concerning entitlement to eviction and mesne profits based on various documents such as power of attorney, will, agreement to sell, possession memo, and sale consideration receipts

Supreme Court Stand Against Inordinate Adjudication Delays

June 8, 2023 2403 Views 0 comment Print

A landmark judgment by Supreme Court of India emphasizing importance of prompt adjudication in show cause notices, as seen in ATA Freight Line Vs Union of India case.

Order giving a substantial amendment cannot be given retrospective effect

June 6, 2023 3456 Views 0 comment Print

Supreme Court held that Order giving substantial amendment cannot be said to be clarificatory in nature and accordingly, such amendment cannot be given retrospective effect.

Trade Refuse Charges (TRC) collected by BMC – A Case Study

June 6, 2023 3762 Views 0 comment Print

Case study examines Trade Refuse Charges (TRC) collected by BMC in Mumbai from businesses within its municipal area based on a circular.

Limitation period for appeal to NCLAT excludes date on which order pronounced & time taken to provide certified copy

June 5, 2023 6093 Views 0 comment Print

Supreme Court held that for calculating limitation period for filing an appeal to NCLAT, the date on which order was pronounced and the time taken to provide certified copy is to be excluded.

UDF collected by airport operation, maintenance and development entities is not leviable to service tax

May 27, 2023 1623 Views 0 comment Print

Supreme Court held that User Development Fee (UDF) is in the form of ‘tax or cess’ collected for financing the cost of future projects and is not a consideration for services provided by the assessee to the customer, visitors, passengers, vendors etc.

Remedy against third party not available under Section 66 of IBC: SC

May 27, 2023 4512 Views 0 comment Print

Supreme Court reaffirmed that Section 66 of the Insolvency and Bankruptcy Code cannot be invoked against third parties and that civil remedies available under the law must be pursued for recovery of dues from such parties.

Substantive Right Cannot Be Taken Away By A Procedural Lapse: SC

May 26, 2023 7128 Views 0 comment Print

Delve into the Supreme Court judgment on procedural defects and substantive rights in the case of Ramnath Exports Pvt Ltd Vs Vinita Mehta. Learn about the implications of procedural irregularities on litigants’ rights.

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