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Supreme Court of India

Presumption of insider trading in absence of adequate material unsustainable

April 25, 2022 1596 Views 0 comment Print

Balram Garg Vs Securities And Exchange Board of India (Supreme Court of India) Facts- P. Chand Jeweller Pvt. Ltd. was incorporated on April 13, 2005 under the Companies Act, 1956 as a Private Limited Company. However, pursuant to a resolution passed by the shareholders on July 5, 2011, the company was converted into a Public Limited […]

Section 14 of Consumer Protection Act permits awarding punitive damage for non-deploy of airbags

April 24, 2022 6576 Views 0 comment Print

The damages awarded against the appellant may have gone beyond the actual loss suffered by the respondent and may not represent the actual loss suffered by him in monetary terms. But the provision of Section 14 of the 1986 Act permits awarding punitive damages.

As per principal provision of Section 56 of CGST Act, interest is payable @ 6% & not 9%

April 24, 2022 3717 Views 0 comment Print

Union Of India & Ors. Vs Willowood Chemicals Pvt. Ltd. (Supreme Court of India) Facts- M/s. Willowood Chemicals Pvt. Ltd. submitting that said Writ Petitioner was entitled on the basis of Section 16 of the IGST Act read with Section 54 of the CGST Act for compensation in receipt of delayed payment as detailed in […]

Owner, in his will, is entitled to give his property in favour of strangers

April 23, 2022 4716 Views 0 comment Print

Trial Court and the first appellate Court concluded that the Will was true and valid and that there were no suspicious circumstances. Held that the absolute owner of a property is entitled even to bequeath his properties in favour of strangers.

Foreign Exchange fluctuation loss allowable under section 37: SC

April 23, 2022 2295 Views 0 comment Print

Wipro Finance Ltd. Vs CIT (Supreme court of India) Facts- The appellant submitted ROI on 29.11.1997 for the A.Y. 1997-­1998, mentioning loss of income, amongst others, owing to exchange fluctuation of Rs. 1,10,53,909/­. After processing the return u/s. 143(1)(a), the assessment was completed on 16.3.2000. As against the loss declared by the appellant due to exchange […]

Trade mark deceptively similar – Whether addition of word ‘India’ distinguishes: SC

April 21, 2022 2190 Views 0 comment Print

In an action for infringement when the defendant’s trademark is identical with the plaintiff’s mark, the court will not enquire whether the infringement is such as is likely to deceive or cause confusion.

Remedy available to home buyers in Consumer Protection & RERA Act in case of delayed possession

April 19, 2022 11511 Views 0 comment Print

Where there was delay in handing over possession to homebuyers, there was remedy available to the Consumer under Consumer Protection Act and Real Estate Regular Act which run parallel side by side. Moreover, one sided clauses in Agreement amounted to unfair trade practice and could not govern the refund mechanism therefore, refund was allowable to assessee with 9% interest from the date of deposit allowed.

Third Party Insurance is deemed to be Transferred in Case of Hire Agreement

April 19, 2022 2649 Views 0 comment Print

SC Held That (Motor Vehicles Act ,1988) – Third Party Insurance deemed to be transferred along with effective control over vehicle in a Hire Agreement.

Plea In SC challenging GST levy on lease rentals

April 18, 2022 3144 Views 1 comment Print

Myrayash Hotels Pvt. Ltd. Vs Union of India (Supreme Court) The plea challenges the constitutional validity of GST Levy on Lease/ Rental Payments. The Supreme Court of India has asked the petitioner(s) to serve an advance copy to the Additional Solicitor General to seek instructions in a plea challenging constitutional validity of levy of GST […]

Benefit of tax exemption under BIFR cannot be an unending bonanza: SC

April 17, 2022 1410 Views 0 comment Print

Augustan Textile Colours Limited Vs Director of Industries and Anr. (Supreme Court of India) Facts-The issue to be considered here is whether the benefit of tax exemption in respect of works contract granted in the process of revival of the industry, under the relevant provisions of the Sick Industrial Companies Act, 1985 based on the […]

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