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Supreme Court of India

Committee of Creditors cannot approve resolution plan proposed by an applicant barred u/s 29A: SC

January 25, 2022 3828 Views 0 comment Print

Bank of Baroda & Anr. Vs MBL Infrastructures Limited & Ors. (Supreme Court of India) Facts- Corporate insolvency resolution process was initiated against respondent No. 1. Two resolution plans were received by the resolution professional (respondent no. 2). Committee of creditors decided seeking an appropriate resolution plan at the hands of respondent no. 3. Section […]

Claimant needs to satisfy all eligibility criteria/conditions of exemption notification: SC

January 25, 2022 1452 Views 0 comment Print

The person claiming the exemption has to fulfil and satisfy all the eligibility criteria/conditions mentioned in the exemption notification. The respondent (ESL) was not eligible at all for exemption from payment of purchase tax as in fact power generating companies (EPL) were put in the list of ‘ineligible industries’. Therefore, by such a modus operandi, the benefit, which was not available to the EPL was made available by such transfer of raw materials by the ESL to EPL.

Arbitrator is the final arbiter of the disputes between the parties: SC

January 25, 2022 5352 Views 0 comment Print

The Arbitrator is the final arbiter of the disputes between the parties and it is not open to a party to challenge the Award on the ground that he has drawn his own conclusions or has failed to appreciate certain facts.

Interest on Compensation payable from accident Date and Not Date of Adjudication of Claim: SC

January 24, 2022 2877 Views 0 comment Print

Ajaya Kumar Das Vs Divisional Manager (Supreme Court of India) Section 4A of the Workmen’s Compensation Act 1923 stipulates that the Commissioner shall direct the employer to pay interest of 12% or at a higher rate, not exceeding the lending rates of any scheduled banks specified, if the employer does not pay the compensation within […]

SC guidelines for payment of ex gratia of Rs 50000 to families of those who died due to Covid-19

January 24, 2022 3540 Views 0 comment Print

Hon’ble Supreme Court has made clear that irrespective of the cause of death mentioned in the death certificate, if a family member satisfies the eligibility criteria mentioned in paragraphs 11(i) to 11(iv) as above shall also be entitled to the ex-gratia payment of Rs. 50,000/- on production of requisite documents as observed hereinabove, and no State shall deny the ex-gratia payment of Rs. 50,000/- on the ground that in the death certificate the cause of death is not mentioned as ‘Died due to Covid-19’

Daughter entitled to inherit self-acquired property of her father: SC

January 23, 2022 10116 Views 0 comment Print

The Supreme Court on Thursday said the daughters of a male Hindu dying without a will would be entitled to inherit self-acquired and other properties obtained in the partition by the father.

No penalty for non-transportation of goods within validity of E way bill due to agitation & blocked traffic: SC

January 22, 2022 23730 Views 1 comment Print

SC held that, tax evasion cannot be presumed on mere non-extension of validity of e-way bill by the assessee due to traffic blockage and agitation, for which the Revenue Authority is responsible for not providing smooth passage of traffic. Further, imposed a sum of INR 69,000/- on the Revenue Department towards the cost payable to the assessee, and to be recovered, directly from the persons responsible.

Section 5 of Limitation Act not applies to initiation of Civil Suit: SC

January 21, 2022 6669 Views 0 comment Print

National Commission is in utter ignorance of the provisions of the Limitation Act, in as much as Section 5 of the Limitation Act does not apply to the institution of civil suit in the Civil Court.

Service regulation will prevail during conflict between statement in an advertisement and service regulation: SC

January 20, 2022 3129 Views 0 comment Print

Employees’ State Insurance Corporation Vs Union of India (Supreme Court of India) Facts- The ESIC has filed the present appeal against the judgement of Division Bench which rejected the petition filed against the promotion of the contesting respondent to the post of ‘Associate Professor’ under the Dynamic Assured Career Progression Scheme (DACP Scheme). Fact of […]

Subordinate Legislation in the form of Statutory Rules is a ‘law’ U/s. 23 of Indian Contract Act: SC

January 18, 2022 2685 Views 0 comment Print

G.T. Girish Vs Y. Subba Raju (D) By LRs (Supreme Court of India) 1. Leave granted. 2. The appellants are defendant 1(a), defendant 1(b) and second defendant in a Suit filed for specific performance. Defendant 1(a) and Defendant 1(b) have filed SLP(C)No.6858/2017 while defendant No.2 has filed SLP(C)No.6857/2017. The Trial Court while refusing specific performance, […]

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