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Supreme Court of India

SC directs to disburse pension to deceased employee’s widow

November 18, 2021 1242 Views 0 comment Print

Veena Pandey Vs Union of India (Supreme Court of India) Pension as is well known, is the deferred portion of the compensation1 for rendering long years of service. It is a hard-earned benefit accruing to an employee and has been held to be in the nature of property by this Court, in State of Jharkhand […]

Out-door catering services used primarily for personal use or consumption of any employee is not ‘Input Service’: SC

November 18, 2021 2286 Views 0 comment Print

The statutory provision – Rule 2(1) defining ‘Input Service’ post 01.04.2011 is very clear and the out-door catering services when such services are used primarily for personal use or consumption of any employee is held to be excluded from the definition of ‘Input Service’.

TDS on MACT Awards: SC Asks Centre to Look into Unclaimed Refunds of Claimants who are not tax Assessees

November 16, 2021 1317 Views 0 comment Print

Bajaj Allianz General Insurance Company Private Ltd. vs. Union of India (Supreme Court) We have perused the report dated 21.10.2021 submitted by Mr. Jayant K. Sud, learned Additional Solicitor General in compliance of our order dated 03.08.2021 and he has made certain suggestions. He has also sought directions from this Court. We consider it appropriate […]

Supreme Court dismisses Transfer Petition as withdrawn

November 15, 2021 1416 Views 0 comment Print

Rajinder Kumar Vs Central Board of Direct Tax & Anr. (Supreme Court of India) The Court is convened through Video Conferencing. Learned Additional Solicitor General appearing for the petitioner – C.B.D.T. in T.P. (Civil) Nos. 1865­1866/2021 after arguing for some time, seeks permission to withdraw the Transfer Petitions. In view of the request made, the […]

Can Advocates/Chartered Accountants be prosecuted for Deficiency in Service?

November 15, 2021 21945 Views 0 comment Print

Nandlal Lohariya Vs Jagdish Chand Purohit and others (Supreme Court) It is common knowledge that professionals are also sometimes negligent in their service just like businessman or other service providers. The Consumer Protection Act provides redressal to all consumers for deficiency in service by the Service Providers. Builders, Hospitals, Airlines, Railways, Doctors, Businesses all are […]

SC directs ‘Newtech developers’ refund amount to respective home buyers, for failure to hand over possession

November 11, 2021 6639 Views 0 comment Print

Newtech Promoters and Developers Pvt. Ltd. Vs State of U.P (Supreme Court) The submission of the appellants/promoters is that under Section 40(1) of the Act only the interest or penalty imposed by the authority can be recovered as arrears of land revenue and no recovery certificate for the principal amount as determined by the authority […]

Complaint filed by Company cannot be denied merely because Managing Director’s name appeared first in complaint

November 10, 2021 4335 Views 0 comment Print

Bhupesh Rathod Vs Dayashankar Prasad Chaurasia (Supreme Court of India) Complaint filed by Company u/s 138 of NI Act could not be denied merely because Managing Director’s name appeared first in complaint. Conclusion: Merely because Managing Director’s name appeared first as acting on behalf of the Company on the registered complaint, respondent could not contended […]

Judgment cannot be given based on evidence recorded in other trial despite same offence

November 2, 2021 33102 Views 0 comment Print

A.T. Mydeen and Another Vs Assistant Commissioner, Customs Department (Supreme Court of India) High Court fell into an error while passing a common judgement, based on evidence recorded in only one trial, against two sets of accused persons having been subjected to separate trials – matter remanded Facts- The main issue involved in the matter […]

There Cannot Be Total Ban on Firecrackers : SC

November 1, 2021 1071 Views 0 comment Print

Goutam Roy & Anr. Vs The State Of West Bengal & Ors. (Supreme Court of India) Supreme Court held that There cannot be complete ban on firecrackers. Strengthen mechanism to supervise and implement (Supreme Court’s earlier directions). FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER 1. SLP (C) No.17994/2021 @ Diary No.26789/2021 and SLP (C) Nos. 17995­97/2021 @ […]

Dishonour of Cheque issued as Security attracts Section 138 of N.I. Act: SC

October 31, 2021 19398 Views 0 comment Print

A cheque issued as security pursuant to a financial transaction cannot be considered as a worthless piece of paper under every circumstance. ‘Security’ in its true sense is the state of being safe and the security given for a loan is something given as a pledge of payment.

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