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Supreme Court of India

Excise dept cannot prevent banks from Exercising Rights as Secured Creditor: SC

August 12, 2021 600 Views 0 comment Print

Superintendent Central Excise & Customs Vs Kotak Mahindra Bank Ltd. (Supreme Court) There is little doubt that the situation that emerges is a creation of a secured debt in favour of the State Bank of India on 24.06.1985 and thereafter the transfer of the debt to the respondent Bank. It is the original date of […]

Section 43B not attracted on issue of debentures in lieu of interest: SC

August 11, 2021 6969 Views 0 comment Print

M.M. Aqua Technologies Ltd. Vs CIT (Supreme Court of India) In the return filed by it, the Appellant claimed a deduction of Rs.2,84,71,384/- under Section 43B based on the issue of debentures in lieu of interest accrued and payable to financial institutions. By an order dated 29th October, 1998, the Assessing Officer rejected the Appellant’s […]

Award ‘Just’ & ‘Fair’ Compensation in case of accident/death under Motor Vehicles Act- New Rules override earlier judgements

August 10, 2021 7980 Views 0 comment Print

Understanding the new rules under the Motor Vehicles Act for awarding just and fair compensation in accident cases. Learn how these rules override earlier judgments.

Prosecution against a sitting or former M.P./M.L.A. shall not be withdrawn without sanction of HC: SC

August 10, 2021 3231 Views 0 comment Print

Ashwini Kumar Upadhyay Vs Union of India (Supreme Court of India) Learned amicus has drawn our attention to various instances across the country, wherein various State Governments have resorted to withdrawal of numerous criminal cases pending against M.P./M.L.A. by utilising the power vested under Section 321, Cr.P.C.It merits mentioning that the power under Section 321, […]

Foreign award can be binding on non-signatories : SC

August 10, 2021 2958 Views 0 comment Print

Gemini Bay Transcription Pvt. Ltd. Vs Integrated Sales Service Ltd. and Anr. (Supreme Court) Reading of Section 44 of the Arbitration and Conciliation Act, 1996 would show that there are six ingredients to an award being a foreign award under the said Section. First, it must be an arbitral award on differences between persons arising […]

SC: Amazon got relief in arbitration dispute with Future Retail Limited on it’s merger with Reliance Group

August 6, 2021 1278 Views 0 comment Print

SC HELD in favour of Amazon in a case that pitched Amazon.Com against India’s original retail king Kishore Biyani’s Future Group and Mukesh Ambani’s Reliance Retail, which is set to go big on e-commerce.

SC holds that pure question of Law can be raised for the first time in SLP

August 5, 2021 33612 Views 0 comment Print

Shri Saurav Jain & Anr Vs A. B. P. Design & Anr (Supreme Court of India) Whenever a new question of law is raised before the Apex Court, it is fiercely contested that there is a bar for raising a new question of law for the first time as the High Court has not dealt […]

No bar to amendment of petition u/s 7 of IBC until final order

August 4, 2021 6843 Views 0 comment Print

No bar to amendment of petition u/s 7 of IBC until final order; judgment and/or decree for money in favour of the financial creditor would give rise to a fresh cause of action

Trust registration Cancellation justified if Trust receives Bogus Donations: SC

August 3, 2021 1821 Views 0 comment Print

CIT (Exemptions) Vs Batanagar Education And Research Trust (Supreme Court of India) Supreme Court Orders Cancellation of Registration in Case of Misuse of Status Conferred under Section 12AA and 80G In this case donations were received by way of cheques out of which substantial money was ploughed back or returned to the donors in cash. […]

SC quashes Service Tax Demand on G. D. Goenka World Institute

August 3, 2021 2178 Views 0 comment Print

G. D. Goenka World Institute Vs Union of India (Supreme Court of India) This appeal takes exception to the judgment and orders dated 06.12.2018 passed by the Customs, Excise and Service Tax Tribunal at Chandigarh vide Interim Order No. IO/60/2018 [DB] in Appeal bearing Diary No. 602532016, whereby the prayer to excuse the appellant from […]

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