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Supreme Court of India

Anticipatory Bail is not fixed for a particular period & can continue till end of trial: SC

October 6, 2022 25725 Views 0 comment Print

Anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial. An order of anticipatory bail should not be blanket in the sense that it should not enable the accused to commit further offences and claim relief of indefinite protection from arrest.

Ex-promoters cannot continue in Insolvent Company in any capacity: SC

October 6, 2022 534 Views 0 comment Print

Appellants are the erstwhile Promoters and therefore they cannot be continued to be in the Company in any capacity may be as shareholders as if they continue Resolution Plan shall not be workable at all.

Tax concession disputes are not subject to arbitration: Supreme Court

October 6, 2022 3807 Views 0 comment Print

High Court dismissed the petition stating that the terms of e-auction provided that any dispute is arbitrable and the Appellant is virtually seeking the enforcement of a contract through a writ petition for raising a claim for refund.

SC: Liability to pay customs duty invocable when DEPB license is fake/forged

October 6, 2022 1176 Views 0 comment Print

SC directed adjudicating authority to complete penalty proceedings on remand, at the earliest preferably within a period of six months from the date of this judgment as the penalty proceedings were reported to be pending pursuant to the remand order passed by the CESTAT.

Appointment on Compassionate Grounds cannot be done after long duration: SC

October 4, 2022 3015 Views 0 comment Print

In present case, the Hon’ble Supreme Court held that the Respondent in this case shall not be entitled to the appointment on compassionate ground on the death of her father, who died in the year 1995. If such an appointment is made now, the same shall be against the object and purpose for which the appointment on compassionate ground is provided.

Income from Business, Investments and Agriculture shall be considered in computation of compensation under MV Act: SC

October 4, 2022 1998 Views 0 comment Print

In present case, the Hon’ble Supreme Court enhanced the Compensation under Motor Vehicles Act, by considering the income of the deceased under the heads of Income from Business and other investments and Income from Property and Agricultural Land as the deceased was having specialized skills in administering the business and was having good managerial skills.

Leave encashment of privilege leave is part of salary: SC

October 2, 2022 5472 Views 0 comment Print

Since the expression ‘salary’ included benefit of leave encashment which was nothing but salary for the unavailed leave to the credit of the employee, therefore, the condition that carry forward of balance privilege leave, was barred and requiring employees to seek encashment from their previous employer was an arbitrary and unconscionable condition.

SARFAESI: CMM/DM not required to adjudicate disputes between Borrower/Third Party & Secured Creditor: SC

September 28, 2022 3885 Views 0 comment Print

Balkrishna Rama Tarle Dead Thr LRS & Anr.  Vs Phoenix ARC Private Limited & Ors. (Supreme Court) On a fair reading of Section 14 of the SARFAESI Act, it appears that for taking possession of the secured assets in terms of Section 14(1) of the SARFAESI Act, the secured creditor is obliged to approach the […]

SC explains Section 34 of U.P. Trade Tax Act

September 27, 2022 1062 Views 0 comment Print

Commissioner, Trade Tax Vs Radico Khetan Ltd (Supreme Court) Section 34 of U.P. Trade Tax Act shall be applicable only in a case where there is a transfer of immovable property belonging to the original assesee, during the pendency of any proceedings under the Act with the intention of defrauding any such tax or other […]

CIRP Can Be Initiated even against Two Borrowers Falling under Ambit of Corporate Debtors: SC

September 26, 2022 1596 Views 0 comment Print

Maitreya Doshi Vs Anand Rathi Global Finance Ltd. (Supreme Court) Apex Court held that If there are two borrowers or if two corporate bodies fall within the ambit of corporate debtors, there is no reason why proceedings under Section 7 of the IBC cannot be initiated against both the Corporate Debtors. Needless to mention, the […]

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