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Supreme Court of India

Apex Court Dictum of automatic vacation of stay in Asia Resurfacing case not applicable in all facts & circumstances

May 4, 2022 31860 Views 0 comment Print

Asian Resurfacing of Road Agency P. Ltd. Vs Central Bureau of Investigation (Supreme Court of India) The Apex Court in the historic case of Asian Resurfacing of Road Agency Private Limited and Another v. Central Bureau of Investigation (2018) 16 SCC 299 had ruled that in all civil & criminal cases stay granted by a […]

Doctors can run individual clinics in NOIDA residential areas but not nursing homes: SC

May 3, 2022 12045 Views 0 comment Print

Chairman & Chief Executive Officer Vs Mange Ram Sharma (Supreme Court) Supreme Court held that individual doctors would not be entitled to any benefit under the Scheme that the NODIA will declare under this order. A clinic simplicitor can be run by a doctor within such area as already specified, of his or her residence. […]

Employer cannot dispute date of birth of employee at fag end of his service: SC

May 2, 2022 3816 Views 0 comment Print

Shankar Lal Vs Hindustan Copper Ltd. (Supreme Court of India) Facts- The appellant is before us primarily questioning the validity of an order of the employer treating his date of birth as 21st September 1945. This date has relevance for computation of his benefits accruing from a Voluntary Retirement Scheme, for which he applied and […]

No Deemed Registration under section 12AA: SC

May 2, 2022 5232 Views 0 comment Print

Harshit Foundation Sehmalpur Jalalpur Jaunpur Vs CIT Faizabad (Supreme Court) The only question which is posed for consideration before the High Court was whether on non-deciding the application for registration under Section 12AA (2) of the Income Tax Act, 1961 (‘the Act’) within a period of six months, there shall be deemed registration or not. […]

Arbitrator can award post award interest on interest component: SC

May 1, 2022 4071 Views 1 comment Print

Indian Oil Corpn. Ltd. Vs U.B. Engineering Ltd. (Supreme Court of India) The issue whether the learned Arbitrator could have awarded the interest on the interest of Rs. 2,27,58,137.08 from the date of award till realization and whether the same can be said to be interest on interest is now not res integra in view […]

SC Dismisses Plea for Injunction against Hindi Remake of Tamil Film ‘Valee’

May 1, 2022 291 Views 0 comment Print

S. J. Suryah (A.K.A S. Justin Selvaraj) Vs S. S. Chakravarthy (Supreme Court) We have heard Mrs. V. Mohana, learned Senior Advocate, appearing for the petitioner for about half an hour but unable to convince this Court on the injunction to be granted against the remake of the film ‘Vaalee’ in Hindi and other languages. […]

Mortgagor can Redeem Usufructuary Mortgage at any Point of Time: SC

April 29, 2022 5208 Views 0 comment Print

Harminder Singh(D) Thr. Lrs. Vs Surjit Kaur(D) Thr. Lrs. (Supreme Court of India) Transfer of Property Act, 1882; Section 62 – Usufructuary Mortgage – Once a usufructuary mortgage is created, the mortgagor has a right to redeem the mortgage at any point of time on the principle that once a mortgage always a mortgage. FULL […]

Insurance company must communicate insurance policy details to policyholder: SC

April 27, 2022 1953 Views 1 comment Print

SC held that It is duty of insurance company to communicate details of terms and conditions of insurance policy to the beneficiaries of insurance.

Appointments in Contravention of Legal Provisions are Void Ab Initio: SC

April 27, 2022 3537 Views 0 comment Print

State of Odisha & Ors. Etc.  Vs Sulekh Chandra Pradhan Etc. (Supreme Court of India) In this case  Perusal of the sub-­rule (1) of Rule 5 of the Odisha Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 would show that the Secretary of the […]

Doctors cannot be said to be Negligent merely because Patient could not be saved: SC

April 27, 2022 4251 Views 0 comment Print

It will be necessary that sufficient material on medical evidence should be available before the adjudicating authority to arrive at a conclusion that the death is due to medical negligence. Even death of a patient cannot, on the face of it, be considered to be medical negligence.

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