Haryana Urban Development Vs Mehta Construction Company (Supreme Court of India) Sub-section (2)(a) to Section 34 of the Act inserted with effect from 23rd October 2015 states that the arbitral award may be set aside by the court if the court finds the award is vitiated by patent illegality appearing on the face of the […]
National Faceless Assessment Centre Vs Mantra Industries Limited (Supreme Court of India) Mr. Balbir Singh, learned ASG, has vehemently submitted that, against the assessment order, the High Court ought not to have entertained the Writ Petition and ought to have relegated the original writ petitioner to avail statutory remedy of appeal before the CIT(A). It […]
Ganesh Ores Pvt. Ltd. Vs The State of Odisha & Ors. (Supreme Court of India) The petitioner had filed a refund claim, which was granted by the authorities. Subsequently, a notice was issued to the petitioner for recovery of the refund granted erroneously. The petitioner submitted that the revenue authorities should have filed an appeal […]
Noel Harper & Ors Vs Union of India (Supreme Court of India) Sub-Whether amendment made to Section 7, 12(1A),12A and 17(1) of Foreign Contribution (Regulation) Act, 2010 are manifestly arbitrary, unreasonable and imprinting upon the fundamental rights guaranteed to the petitioners under Articles 14, 19 and 21 of the Constitution. SC declare that the amended […]
Man Singh Vs The State of Uttar Pradesh (Supreme Court of India) Supreme Court held that the High Court has failed to consider the fact that even if the appointment was irregular, the appellant had discharged the duties and in lieu of duties, he had to be paid. The State cannot take any work from […]
Court notes and holds that whether corporate death of an entity upon amalgamation per se invalidates an assessment order ordinarily cannot be determined on a bare application of Section 481 of the Companies Act, 1956 (and its equivalent in the 2013 Act), but would depend on the terms of the amalgamation and the facts of each case.
Swarnalatha Vs Kalavathy (Supreme Court of India) Conclusion: Suspicious circumstances surrounding the execution of will be limited to those where either the signature of the testator was disputed or the mental capacity of the testator was questioned. In the matter of appreciating the genuineness of execution of a Will, there was no place for the […]
Hence a Collective Investment Scheme, must be floated by a Collective Investment Management Company, duly registered with the SEBI and has received certificate from the SEBI (CIS) Regulations for promotion, regulation of Collective Investment Scheme.
Oriental Insurance Company Limited Vs Mahendra Construction (Supreme Court of India) BRIEF FACTS: 1. This appeal arises from a decision rendered by the National Consumer Disputes Redressal Commission (“NCDRC”) on 19 September 2018. The NCDRC partly allowed the appeal filed by the insurer against a decision of the State Consumer Disputes Redressal Commission (“SCDRC”) dated […]
An insurance company has obligation and duty to intimate the insured at the time of renewal of exiting insurance polices ,if there is any change in the terms and conditions of insurance. It is generally assumed that renewal of an insurance policy will be held on the basis of terms and conditions contains in the old insurance policy and there is no change.
