Supreme Court of India

SC dismisses non­-speaking and non-reasoned order of HC

PCIT Vs Bajaj Herbals Pvt. Ltd. (Supreme Court of India)

PCIT Vs Bajaj Herbals Pvt. Ltd. (Supreme Court of India) As the impugned order passed by the High Court is a non­speaking and nonreasoned order and even the submissions on behalf of the revenue are not recorded, the impugned order passed by the High Court dismissing the appeal is unsustainable.  Under the circumstances, the impugned [&h...

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Article 21 encompasses right to individual to refuse vaccination

Jacob Puliyel Vs Union of India (Supreme Court of India)

Jacob Puliyel Vs Union of India (Supreme Court of India) Facts- The Petitioner was a member of the National Technical Advisory Group on Immunization (NTAGI) and was advising the Government of India on vaccines. In the Writ Petition, the Petitioner highlighted the adverse consequences of emergency approval of vaccines in India, the need fo...

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Sale agreement/ General power of Attorney/ Will transactions are not ‘transfers’ or ‘sales’.

Suraj Lamp & Industries Pvt. Ltd. Vs State of Haryana (Supreme Court)

Suraj Lamp & Industries Pvt. Ltd. Vs State of Haryana (Supreme Court) Facts- By an earlier order dated 15.5.2009 [reported in Suraj Lamp & Industries Pvt. Ltd. vs. State of Haryana & Anr. 2009 (7) SCC 363], we had referred to the ill – effects of what is known as General Power of Attorney Sales […]...

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Rule of contra proferentem protects insured from unfavourable interpretation of an ambiguous term

Haris Marine Products Vs Export Credit Guarantee Corporation (ECGC) Limited (Supreme Court of India)

The rule of contra proferentem thus protects the insured from the vagaries of an unfavourable interpretation of an ambiguous term to which it did not agree....

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Stamp duty has to be independently paid for a Power of Attorney executed along with a deed assigning debt: SC

Asset Reconstruction Co. (India) Ltd. Vs Chief Controlling Revenue Authority (Supreme Court of India)

Asset Reconstruction Co. (India) Ltd. Vs Chief Controlling Revenue Authority (Supreme Court of India) The High Court overlooked the fact that there was no independent instrument of PoA and that in any case, the power of sale of a secured asset flowed out of the provisions of the Securitisation Act, 2002 and not out of […]...

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IBC is not For Money Recovery Proceedings: SC

Invent Asset Securitisation And Reconstruction Pvt. Ltd. Vs Girnar Fibres Ltd (Supreme Court of India)

Invent Asset Securitisation And Reconstruction Pvt. Ltd. Vs Girnar Fibres Ltd (Supreme Court of India) Time and again, it has been expressed and explained by this Court that the provisions of the Code are essentially intended to bring the corporate debtor to its feet and are not of money recovery proceedings as such. The intent […]...

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Conveyance Allowance not part of wages for Computation of ESI Contribution: SC

Talema Electronic India Private Limited Vs Regional Director, ESI Corporation & Anr. (Supreme Court)

ESI Court held that the conveyance allowance paid to the employees by the appellant herein does not include the wages, the employer has preferred the present appeal....

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Section 188- Related Parties- Bar of Voting Operates Only At the Time of Entering Into Contract Or Arrangement

SEBI Vs R.T. Agro Private Limited (Supreme Court)

Bar of voting as per Section 188 of the Companies Act, 2013 on related parties operated only at the time of entering into a contract or arrangement,...

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IBC – Moratorium Applies Only to Corporate Debtor & not to Director: SC

Narinder Garg Vs Kotak Mahindra Bank Ltd. (Supreme Court of India)

Narinder Garg Vs Kotak Mahindra Bank Ltd. (Supreme Court) In P. Mohanraj & Others v. Shah Brothers Ispat Private Limited, (2021) 6 SCC 258, a Bench of three-Judges of this Court considered the matter whether a corporate entity in respect of which moratorium had become effective could be proceeded against in terms of Sections 138 [&hel...

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Arbitral Tribunal should address application on discovery and inspection first before addressing jurisdiction plea

Oil and Natural Gas Corporation Ltd. Vs Discovery Enterprises Pvt. Ltd. (Supreme Court of India)

Held that the first Arbitral Tribunal deferred a decision on the two applications until the issue of jurisdiction was decided. The net result is that the applications for discovery and inspection which were crucial to ONGC’s claim that there existed functional, financial and economic unity between DEPL and JDIL remained to be decided be...

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