Supreme Court of India

Provisions of Benami Act to be implemented prospectively: SC

Union of India & Anr. Vs. M/S. Ganpati Dealcom Pvt. Ltd. (Supreme Court)

Section 3(2) of the unamended 1988 Act is declared as unconstitutional for being manifestly arbitrary. Accordingly, Section 3(2) of the 2016 Act is also unconstitutional as it is violative of Article 20(1) of the Constitution....

Failure to deposit interim compensation not take away right to cross-examine witness

Noor Mohammed Vs Khurram Pasha (Supreme Court of India)

Held that right to cross-examine the witnesses examined on behalf of the complainant cannot be denied to an accused for his failure to deposit interim compensation....

Writ can be filed before High court where AO passing the order is situated

PCIT Chandigarh Vs ABC Papers Limited (Supreme Court of India)

Held that appeals against every decision of the ITAT shall lie only before the High Court within whose jurisdiction the Assessing Officer who passed the assessment order is situated. The principle remains the same even if the case of an assessee are transferred in exercise of power u/s 127....

State not Obliged to indicate HSN Code & GST Rates in Public Tender: SC

Union of India & Others Vs Bharat Forge Ltd. (Supreme Court of India)

Union of India & Others Vs Bharat Forge Ltd. (Supreme Court) It is contended by the appellants that as far as the tenders relied upon by the writ petitioner produced in the counter affidavit as having been brought out wherein the HSN code is indicated, they are tenders issued by the other units of the […]...

Vehicle Owner not expected to verify genuineness of driving license before appointing a driver: SC

Rishi Pal Singh Vs New India Assurance Co. Ltd & Ors. (Supreme Court)

If owner thinks that driver is competent to drive vehicle Its not expected from him to verify genuineness of driving license issued to driver...

No Prosecution under PMLA after Acquittal of Accused of Scheduled Offence

Parvathi Kollur & Anr. Vs State By Directorate Of Enforcement (Supreme Court of India)

Parvathi Kollur & Anr. Vs State By Directorate of Enforcement (Supreme Court)  The offence under Section 3 of Prevention of Money-Laundering Act, 2002 is dependent on illegal gain of property as a result of criminal activity relating to a scheduled offence. It is concerning the process or activity connected with such property, which ...

Selective disclosure by SEBI amounts to cherry-picking which derogates commitment to fair trial: SC

Reliance Industries Limited Vs Securities and Exchange Board of India (Supreme Court)

Held that SEBI could not have claimed privilege over certain parts of the documents and at the same time, agreeing to disclose some part. Such selective disclosure cannot be countenanced in law as it clearly amounts to cherry­picking....

Case Analysis: Gujarat State Road Transport vs. Ramanbhai Prabhatbhai & Another

Gujarat State Road Transport Vs. Ramanbhai Prabhatbhai & Another (Supreme Court of India)

The present case is related to the compensation to be awarded to the brothers of the deceased who was a victim in a motor vehicle accident. The case helps us understand as to who can be an heir and legal representative who is entitled to claim compensation under the Fatal Accidents Act and Motor Vehicles Act....

Cheque Bounce Complaint cannot be filed before Expiry of 15 Days from Date of Receipt of Notice by Drawer: SC

Gajanand Burange Vs Laxmi Chand Goyal (Supreme Court of India)

Can cognizance of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 be taken on the basis of a complaint filed before the expiry of the period of 15 days stipulated in the notice required to be served upon the drawer of the cheque in terms of Section 138(c) of the Act aforementioned?...

SC explains section 7(5)(b) of IBC 2016 in case of appeal being continuation of original proceedings

Kotak Mahindra Bank Limited Vs. Kew Precision Parts Private Limited & Ors. (Supreme Court)

SC held that an appeal being the continuation of original proceedings, the provision of section 7(5)(b) of IBC Code, for intimating the Financial Creditor (FC) before rejection of a claim, would be attracted....

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December 2023