In the instant case, MSME Council had passed an impugned order directing the appellant to make payment to the respondent without giving sufficient opportunity to the appellant to participate in the arbitration proceeding. If the appellant had not submitted its reply at the conciliation stage, or failed to appear, Council could, at best, have recorded failure of conciliation and proceeded to initiate arbitration proceedings to adjudicate the dispute and make an award.
Union Bank of India Vs Additional Commissioner of Income Tax (TDS) (Supreme Court of India) Whether the appellant was required by the provisions of Section 194A of the Income Tax Act 1961 to deduct tax at source on payments of interest made to the Agra Development Authority. The issue which is raised in the present […]
Chandra Sekhar Jha Vs Union of India & Anr (Supreme Court of India) The first proviso of Section 129E of the present Section enacts a limitation on the total amount which can be demanded by way of pre-deposit. The first proviso provides that the amount required to be deposited should not exceed Rs.10 Crores. In […]
Bank of Baroda Vs Karwa Trading Company (Supreme Court of India) SC held that Section 17 of the SARFAESI Act was not justified in directing to release the mortgaged property and handover the possession along with the original title deeds to the borrower on payment of Rs.48.65 lakhs only which was the base price/ reserve […]
Commissioner of Service Tax Vs Inox Leisure Ltd. (Supreme Court of India) Supreme Court upheld the order of CESTAT and held that Service Tax is not payable by Appellant on Screening films in their multiplex on Revenue Sharing basis. Earlier CESTAT held that the appellant is not liable to pay Service Tax for Screening of […]
T. Takano Vs Securities and Exchange Board of India (Supreme Court of India) The principal issue was whether an investigation report under Regulation 9 of the PFUTP Regulations must be disclosed to the person to whom a notice to show cause was issued. It was held that assessee had a right to disclosure of the material […]
A marred service record, though not an insurmountable bar, must carry some consequences, and it could be a comparative disadvantage in promotion for a selection post. The employer’s preference for a person with a clean service record can be well appreciated.
State of Punjab Vs Mehar Din (Supreme Court of India) This Court has examined right of the highest bidder at public auctions in umpteen number of cases and it was repeatedly pointed out that the State or authority which can be held to be State within the meaning of Article 12 of the Constitution, is […]
Surjeet Singh Sahni Vs State of U.P. (Supreme Court of India) As observed by this Court in catena of decisions, mere representation does not extend the period of limitation and the aggrieved person has to approach the Court expeditiously and within reasonable time. If it is found that the writ petitioner is guilty of delay […]
Loop Telecom and Trading Limited Vs Union of India (Supreme Court of India) Hon’ble SC observed that the appellant was in pari delicto with DoT and the then officials of the Union government. The appellant was the beneficiary of the ‘First Come First Serve’ policy which was intended to favour a group of private bidding […]
