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Supreme Court of India

SC to decide on Classification of `Nimbooz’

March 25, 2022 783 Views 0 comment Print

Commissioner of Central Excise Hyderabad-I Vs Aradhana Foods And Juices Pvt. Ltd. (Supreme Court of India) The short question which is posed for consideration of this Court is whether the product `Nimbooz’ can be classified under item `Lemonade’ and/or as `fruit pulp or fruit juice based drinks’. Issue notice returnable on 27.04.2022. Dasti, in addition, […]

Order of premature retirement is to be based on entire service record: SC

March 25, 2022 1554 Views 0 comment Print

Central Industrial Security Force Vs HC (GD) Om Prakash (Supreme Court of India) The respondent, Head Constable Om Prakash1 was prematurely retired on 16.08.2011 in exercise of the powers conferred under Rule 56(j) of the Fundamental Rules read with Rule 48(1)(b) of CCS (Pension) Rules, 19722 after completion of 30 years of service. The order […]

Apex Court Once Again Reiterated -Principle of Good Faiths

March 23, 2022 3177 Views 0 comment Print

The Supreme Court of India has once again reiterated one of the foundational principles of Insurance Law : non-disclosure of material information by an Insured at the time of entering into a contract of insurance would entitle a prudent Insurer to repudiate a claim made under the underlying policy on such ground.

Handwriting expert Opinion is not the only mode of proving signature & handwriting: SC

March 21, 2022 8529 Views 0 comment Print

Signatures and handwriting of the person can also be proved under Sections 45, 47 and 73 of the Indian Evidence Act, 1872. Therefore, opinion of the handwriting expert is not the only way or mode of providing the signature and handwriting of a person.

Dispute concerning an exemption cannot be equated with a dispute in relation to Custom duty rate

March 20, 2022 1506 Views 0 comment Print

Asean Cableship Pte. Ltd. Vs Commissioner of Customs (Supreme Court of India) The short question to be considered in the present Special Leave Petition, is whether, against the order passed by the CESTAT impugned before the High Court the appeal would be maintainable before the High Court under Section 130(1) of the Act or the appeal before this Court would be […]

Proceedings under Section 138 of N. I. Act is not a civil suit

March 18, 2022 26130 Views 0 comment Print

Tedhi Singh Vs Narayan Dass Mahant (Supreme Court of India) The Trial Court and the First Appellate Court have noted that in the case under Section 138 of the N. I. Act the complainant need not show in the first instance that he had the capacity. The proceedings under Section 138 of the N. I. […]

HC not justified in disposing Appeal with a One Paragraph Order: SC

March 17, 2022 4185 Views 0 comment Print

SC held that In our view, the High Court was not right and justified in disposing of the appeal with one paragraph order without discussing the issues which arose for consideration.

One Time Settlement payment default due to CoVID: SC grants relief

March 17, 2022 2577 Views 0 comment Print

Ganga Foundations Pvt. Ltd. Vs The State Bank of India (Supreme Court of India) The petitioner had availed loan from the State Bank of India. Since, there was default in repayment of the loan, the petitioner entered into a One Time Settlement under the OTS Scheme with the bank in November, 2020. The petitioner, out […]

Negligence cannot be treated to be misconduct- No action For Passing A Wrong Order

March 17, 2022 5829 Views 1 comment Print

Abhay Jain Vs High Court Of Judicature For Rajasthan And Anr (Supreme Court) SC held that the appellant may have been guilty of negligence in the sense that he did not carefully go through the case file and did not take notice of the order of the High Court which was on his file. This […]

Employee’s Compensation Act: Interest payable from accident date

March 15, 2022 3726 Views 0 comment Print

Shobha & Ors. Vs  Chairman, Vithalrao Shinde, Sahakari Sakhar Karkhana Ltd. & Ors. (Supreme Court) As per Section 4A of Employee’s Compensation Act, 1923 compensation under Section 4 shall be paid as soon as it falls due. It can be seen that the liability to pay the interest on the amount of compensation due and payable would […]

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