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Supreme Court of India

SC dismisses appeal on the ground of low tax effect

January 2, 2023 1452 Views 0 comment Print

CIT Vs Swapnil Finance Pvt. Ltd. (Supreme Court of India) It is reported by learned counsel appearing for the respective parties that tax effect in both the appeals for the relevant Assessment Years – 1995-96 and 1996-97 would be less than Rs. 2 Crores which is the monetary limit to prefer an appeal before this […]

Education Cess not Allowable as Expenditure under Section 37: SC

January 2, 2023 1707 Views 0 comment Print

Education cess paid by the respondent-assessee would not be allowed as an expenditure under Section 37 read with 40 (a) (ii) of the Income Tax Act, 1961.

SC cannot exempt Spinal Muscular Atrophy Medicine from GST

January 1, 2023 1056 Views 0 comment Print

Cure Sma Foundation of India Vs Union of India (Supreme Court) By way of this petition filed under Article 32 of the Constitution of India in the nature of Public Interest Litigation (PIL), the following prayers/reliefs are sought : (a) Pass a writ of and/or writs in the nature of mandamus directing the respondent to […]

Statutory provisions should be interpreted considering the legislative intention

December 31, 2022 1185 Views 0 comment Print

Supreme Court held that where the plain literal interpretation of a statutory provision produces a manifestly absurd and unjust result which could never have been intended by the Legislature the Court may modify the language so as to achieve the obvious intention of the Legislature.

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

December 31, 2022 486 Views 0 comment Print

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.

Litigant cannot Be Expected To Wait Indefinitely For Reasons: SC

December 30, 2022 459 Views 0 comment Print

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.

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

December 28, 2022 1281 Views 0 comment Print

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 the nature […]

Directors receiving remuneration is employee under ESI Act: SC

December 28, 2022 3720 Views 0 comment Print

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.

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

December 28, 2022 3918 Views 0 comment Print

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 the […]

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

December 28, 2022 2940 Views 0 comment Print

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 that the lessee has […]

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