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Supreme Court of India

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

January 25, 2022 5391 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 2889 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 3555 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 10158 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 24060 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 6684 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 3177 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 2694 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, […]

SC cannot re-appreciate evidence on concurrent findings recorded by NCLT & NCLAT

January 17, 2022 1224 Views 0 comment Print

Devas Multimedia Private Ltd. Vs Antrix Corporation Ltd. (Supreme Court of India) Facts- The company, Devas Multimedia Pvt. Ltd., in liquidation has challenged an order of winding up passed by the National Company Law Tribunal under section 271(c) of Companies Act, 2013. The order was confirmed by the National Company Law Appellate Tribunal. It is contended […]

Builder obliged to provide occupancy certificate to flat owners & Failure amount to deficiency in service: SC

January 11, 2022 6558 Views 0 comment Print

Samruddhi Co-operative Housing Society Ltd. Vs Mumbai Mahalaxmi Construction Pvt. Ltd. (Supreme Court of India) Sections 3 and 6 of the MOFA indicate that the promoter has an obligation to provide the occupancy certificate to the flat owners. Apart from this, the promoter must make payments of outgoings such as ground rent, municipal taxes, water […]

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