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Supreme Court of India

SC upheld ₹1 Crore Penalty for failure to comply with Summons of SEBI

September 20, 2022 1335 Views 0 comment Print

DKG Buildcon Private Ltd. Vs Adjudicating & Enquiry Officer, SEBI (Supreme court of India) Investigation by SEBI which had concluded that the appellants and other entities were involved in aiding and abetting Ketan Parekh and his companies in rigging the securities market in the years 2000 and 2001 had not been challenged, at any point, by […]

Denial of pension is continuing wrong & court can’t be oblivious of difficulties of retired employee: SC

September 19, 2022 3858 Views 0 comment Print

Denial of pension is a continuing wrong. This Court cannot also be oblivious to the difficulties of a retired employee in approaching the Court, which could include financial constraints.

Possessing price-sensitive information without an attempt to take advantage is not insider trading

September 19, 2022 1500 Views 0 comment Print

Supreme Court held that mere possession of price-sensitive information doesnt prove that the person was indulged in insider trading. There must be an attempt to take advantage of or encash the benefit of the information so possessed.

SC to examine constitutional validity of Goa Cess on Fluid Milk (Control) Act, 2000 provisions

September 19, 2022 465 Views 0 comment Print

Goa State Co op Milk Producers Union Ltd. Vs State of Goa (Supreme Court of India) Being a dispute with respect to the constitutional validity of the relevant provisions of the Goa Cess on Fluid Milk (Control) Act, 2000, only on that ground alone and the issue is with respect to legislative competence, issue notice […]

CIRP can be initiated against ‘Corporate Guarantor’ without proceeding against principal borrower

September 15, 2022 13431 Views 0 comment Print

K. Paramasivam Vs Karur Vysya Bank Ltd. & Anr. (Supreme Court of India) The question raised in the said appeal is whether CIRP can be initiated against the Corporate Guarantor without proceeding against the principal borrower. The issues raised in this appeal are settled by this Court in Laxmi Pat Surana v. Union Bank of […]

Defective/Demo Car cannot be delivered against Booking of New Car: SC

September 14, 2022 3135 Views 0 comment Print

SC held that Non delivery of a new car can be said to be an unfair trade practice and even it can be said to be dishonesty on the part of the dealer and against the morality and ethics

Proportionate disallowance of interest U/s. 14A not warranted if interest free own fund exceeds investment: SC

September 14, 2022 1584 Views 0 comment Print

CIT Vs UTI Bank Ltd (Supreme Court of India) SC upheld its judgment in ‘South Indian Bank Ltd. v. Commissioner Of Income Tax’ and held that the proportionate disallowance of interest is not warranted, under Section 14A of Income Tax Act for investments made in tax free bonds/ securities which yield tax free dividend and […]

Challenge to constitutional Section 17(5)(d) of CGST Act, 2017 before SC

September 13, 2022 7335 Views 0 comment Print

SC will hear issue of constitutional validity of Section 17(5)(d) of CGST Act, which does not allow input tax credit on immovable property

Consider value of returned goods for Determining Value for Refund – SC – Section 173L – Central Excise Act

September 11, 2022 693 Views 0 comment Print

For considering value for refund under Section 173­L of Central Excise Act, what is required to be considered is value of returned goods

Arbitrator has discretion to grant post-award interest: SC

September 11, 2022 4734 Views 0 comment Print

Arbitrator has discretion to grant post-award interest. Section 37(1)(b) does not fetter discretion of arbitrator to grant post-award interest

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