Charu Kishor Mehta Vs Prakash Patel & Ors. (Supreme Court) Apart from making a bald statement of collusion between Defendant Nos. 1, 2 & 4 and the secured creditor, i.e., M/s. Phoenix A.R.C. Pvt. Ltd. there is nothing substantial as to how and as to what precise fraud has been committed. The only case of […]
Saurashtra Chemicals Ltd. Vs. National Insurance Co. Ltd (Supreme Court) BRIEF FACTS: 1. The appellant purchased a standard fire and special perils policy from the respondent National Insurance Company Ltd. thereby insuring the risk of loss/damage to the stock of coal and lignite stored in its factory compound. 2. An additional premium was paid by […]
High Court was incorrect and wrong in quashing the criminal prosecution only on the ground that the tribunal has granted stay, subject to condition of pre-deposit, of the recovery of the tax and the penalty amount.
SC held that The period of limitation shall be governed by the Act and not by Section 44A of the CPC, since the latter provides only for the procedure to be followed for executing a foreign decree
SC held that In Case Of Specific Risks, such as those arising from loss due to fire etc. , the Insured Cannot profit and take advantage by double Insurance.
Since there are many ambiguity in definition of various social welfare laws in India. They have not clearly defined the Workmen and each laws define Workmen differently. The Apex Court of India in above case define ( what constitutes as a workman and as to what differentiates contract of service from contract for service).
Shri M.L. Patil (Dead) Through LRs Vs The State of Goa and Anr. (Supreme Court of India) High Court has held that action of the State Government in requiring the original petitioners to retire at the age of 58 years or not permitting them to continue in their service upto the age of 60 years […]
The applications u/s. 11(5) and 11(6) of the Arbitration Act for appointment of arbitrators are kept pending for a number of years, it would defeat the object and purpose of the enactment of the Arbitration and Conciliation Act as well as the Commercial Courts Act.
State of Maharashtra Vs Shri Vile Parle Kelvani Mandal (Supreme Court) Supreme Court held that charitable education institutions registered under the provisions of the Societies Registration Act and/or under the Maharashtra Public Trusts Act, are not entitled to any exemption from levy/payment of the electricity duty on or after 08.08.2016 i.e. from the date on […]
Offence u/s 63 of the Copyright Act provides punishment of imprisonment for a term which shall not be less than six months but which may extend to three years and with fine. Accordingly, Part II of the First Schedule of the Cr.P.C., if the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence.
