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Supreme Court of India

Exclusion of an industrial area from limits of municipal council would not cease it to be a ‘local area’: SC

November 14, 2022 2298 Views 0 comment Print

SC held that the exclusion of an industrial area or areas from the limits of municipal councils or municipalities under the state laws in exercise of statutory power or by virtue of a declaration under proviso to Article 243-Q, would not result in that area ceasing to be a local area within Entry 52 of List II.

No addition in the hands of non-Resident merely based on ‘base note’

November 14, 2022 1350 Views 0 comment Print

DCIT Vs Manish Vijay Mehta (ITAT Mumbai) Undisputedly, in this case, the assessee is a nonresident from A.Y. 2001­-02 and has been working as an employee in Belgium. He is having the income of interest on fixed deposits in India and is filing the return of income since A.Y. 2003-04 showing residential status as non-resident. […]

SC Ruling Upholding Valuation of Property in Court Monitored Public Auction

November 11, 2022 6666 Views 0 comment Print

hether Registrar while registering any immovable property ,the value of which has been determined in a court monitored public auction can apply the provisions of Section 47A of the Indian Stamp Act (West Bengal Amendment) Act, 1990 to allege undervaluation of the property and demand higher stamp duty?

Entertaining PIL on mere allegation not justifiable: SC

November 10, 2022 3378 Views 0 comment Print

Supreme court held that High Court cannot entertain Public Interest Litigations (PIL) which is based on mere allegations by the person who has not been able to fully satisfy his credentials.

Regulation 114(4) of Company Secretaries Regulations, 1982 permits only candidates to challenge election of office bearers

November 10, 2022 423 Views 0 comment Print

Supreme Court held that as per regulation 114(4) of the Company Secretaries Regulations, 1982 election can be challenged by the candidate concerned. Hence, writ petition filed by the petitioner not contesting the election of office bearers to the High Court was wrongly entertained.

SC ruling on setting aside exclusion clause in insurance contracts for avoiding liability

November 10, 2022 2409 Views 0 comment Print

Whether an exclusion clause destroying the very contract knowingly entered, can be permitted to be used by a party who introduced it, becomes a beneficiary and then to avoid its liability?

MSMED Act, 2006 overrides Arbitration Act, 1996

November 9, 2022 972 Views 0 comment Print

Supreme Court held that chapter-V of the MSMED Act, 2006 would override the provisions of the Arbitration Act, 1996. Accordingly, the Micro and Small Enterprises Facilitation Council shall have jurisdiction to proceed with the dispute covered u/s 17 of MSMED Act, 2006 despite the existence of an independent arbitration agreement between the parties.

SC set aside rule levying Property Tax on Vacant land based on Development Potential

November 8, 2022 7404 Views 0 comment Print

Municipal Corporation of Greater Mumbai & Ors. Vs Property Owners’ Association & Ors. (Supreme Court of India) The CJI bench of Supreme Court in this case was dealing with the levy of property tax in Greater Mumbai which had been changed from ratable value to capital value system by virtue of amendments made to the […]

Promissory Estoppel not applicable to a policy decision with respect to additional license which is an incentive: SC

November 7, 2022 774 Views 0 comment Print

Honble Supreme Court held that the doctrine of promissory estoppel shall not be applicable to a policy decision with respect to incentive, when it is well within the right of DGFT/appropriate authority/Union to come out with a new Exim Policy.

Banks cannot be directed to grant benefit of Onetime Settlement Scheme under Article 226: SC

November 7, 2022 1065 Views 0 comment Print

Supreme Court held that no borrower can, as a matter of right pray for a grant for the benefit of one­time settlement scheme and writ of mandamus cannot be issued by the High Court in exercise of Article 226 of the Constitution of India, directing the financial institution/bank to positively grant a benefit of OTS to a borrower.

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