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Supreme Court of India

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

November 7, 2022 1098 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.

Bribe Giver is a Party to “Proceeds of Crime” under PMLA: Supreme Court

November 7, 2022 1788 Views 0 comment Print

Hon’ble Supreme Court held that by handing over money with the intent of giving bribe, such person will be assisting or will knowingly be a party to an activity connected with the proceeds of crime under Prevention of Money Laundering Act, 2002.

Application under Section 11(6) cannot be dismissed on the pendency of proceedings before the NCLT: Supreme Court

November 7, 2022 1344 Views 0 comment Print

Honble Supreme Court held that the application under Section 11(6) of the Arbitration and Conciliation Act, 1996 cannot be dismissed on the pendency of proceedings before the National Company Law Tribunal (NCLT) initiated by the respondent for various acts of oppression and mismanagement as a minority shareholder.

TDS shall be deducted on LTC when the trips made to foreign countries: Supreme Court

November 7, 2022 2013 Views 0 comment Print

Supreme Court dismissed the appeals and have upheld the contentions of the Revenue that TDS shall be deducted by the appellant of its employees while releasing payments to its employees for the Leave Travel Concession (LTC), when the trip has been made to the foreign countries.

SC imposes cost of Rs. 1 Lakh for Unnecessary SLP against a Cancer patient

November 6, 2022 8604 Views 0 comment Print

Assistant Director Directorate of Enforcement  Vs Kamal Ahsan & Anr. (Supreme Court of India) In the peculiar facts and circumstance of the case and taking into consideration the fact that the respondent is suffering from Malignancy and Cancer and thereafter when he has been released on bail, the same is not required to be interfered […]

Supreme Court upholds amended employees’ pension scheme with modifications

November 5, 2022 7887 Views 0 comment Print

Employees Provident Fund Organisation & Anr. Etc. Vs Sunil Kumar B. & Ors. Etc. (Supreme Court of India) The Apex Court on Friday upheld the amended Employees’ Pension Scheme (EPS), which caps the basic salary of an employee at Rs 15,000 a month for the pension component derived from it to be calculated. A Bench […]

Regulation of Digital Money Lending Platforms- SC declines to interfere in Policy decisions

November 4, 2022 339 Views 0 comment Print

Shankar Nagesh Mutkiri Vs Reserve Bank of India (Supreme Court of India) Invoking the jurisdiction under Article 32 of the Constitution, the petitioner seeks a direction to the Reserve Bank of India (RBI) to take steps to regulate or disable unauthorized money lending platforms; to frame guidelines to ensure oversight over digital money lenders and for […]

No Service Tax on Taxable Service Received in India from Non-Residents prior to 18.04.2006: SC

November 4, 2022 1026 Views 0 comment Print

C.S.T. Delhi Vs Sojitz Corporation (Supreme Court of India) It is not in dispute that the service tax was sought to be levied for the transaction which has taken place outside India for the period between November, 1999 and March, 2002. The show cause notice was issued on 20.04.2005. It is not in dispute that […]

SC to decide whether Service tax leviable on secondment of employees

November 3, 2022 1476 Views 0 comment Print

Commissioner of GST And Central Excise Chennai Vs Komatsu India Pvt. Ltd. (Supreme Court of India) The Division Bench of the Hon’ble Supreme Court of India, comprising of Hon’ble Mr. Justice Sanjiv Khanna and Hon’ble Mr. Justice J K Maheshwari, issued Notice in the case of Commissioner of GST and Central Excise Chennai v. M/s […]

Complaint under Section 138 of Negotiable Instruments Act cannot be transferred as per convenience of accused: SC

October 29, 2022 4500 Views 0 comment Print

Supreme Court held that a complaint under Section 138 of the Negotiable Instruments Act cannot be transferred as per convenience of accused. However, as petitioner is a woman and a senior citizen. Therefore, she can always seek exemption from personal appearance.

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