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Supreme Court of India

Apex Court explains Seniority cum Merit Principle for Promotion

August 3, 2021 11376 Views 0 comment Print

Tek Chand & Others vs Bhakra Beas Management Board (B.B.M.S.) and others (Supreme Court) It is common knowledge that a number of litigations arise in matters of promotion in government/semi-government services. The Central Government, the various State Government and their various independent functionalities have their own regulations for promotion. One such matter came up before […]

Rampant Corruption- SC takes a strict view & orders Termination of a Judicial Officer

August 2, 2021 1620 Views 0 comment Print

Rajinder Goel Vs High Court Of Punjab And Haryana & Anr. (Supreme Court of India) It cannot be denied that there is rampant corruption in all the three pillars of our Constitution. No wonder India is ranked very high in World Corruption Perception Index. However, the number of cases of corruption which are booked under […]

Courts should avoid making observations against counsels in their judgements

August 2, 2021 1842 Views 0 comment Print

Neeraj Garg Vs Sarita Rani and ors. (Supreme Court of India) The Courts while deciding  cases pass certain comments/observations against the counsels which are actually not required for the disposal of the case. The Apex Court in a recent judgement in Civil Appeal  Nos. 4555 ­ & 4559 of 2021 decided on August 2, 2021 in […]

No section 24(1) offence compounding without SEBI consent

July 31, 2021 2295 Views 0 comment Print

The offence under Section 24(1) of SEBI Act could not be compounded without SEBI consent as the alleged acts of price rigging and manipulation of the prices of the shares had a vital bearing on investors’ wealth and the orderly functioning of the securities market. SEBI was, therefore, justified in opposing the request for the compounding of the offences.

SC allows IGST export refund as it was to the extent of customs component

July 30, 2021 4290 Views 0 comment Print

Union of India & Ors. Vs Awadkrupa Plastomech Pvt. Ltd. (Supreme Court of India) Supreme Court has upheld decision of the Gujarat High Court where the High Court directed the Goods and Service Tax Authorities to immediately sanction refund towards IGST paid in respect to goods exported made via shipping bills as same was only […]

Dream 11 fantasy sports are games of skill and not gambling

July 30, 2021 3219 Views 0 comment Print

Avinash Mehrotra Vs State of Rajasthan & Ors. (Supreme Court of India) Permission to file Special Leave Petition is granted. This matter has come up before us even earlier.  On 28.06.2021, the petitioner has sought an adjournment for filing  additional documents. The matter now comes up in which the petitioner circulated yet another letter again […]

Child parts included in ‘parts of seat’ of cars under Heading 9401: SC

July 30, 2021 1980 Views 0 comment Print

Child/ spare parts imported for assembling Round Recliner to be considered as parts of seat of cars under Heading 9401 of the CT Act- Supreme Court

Interest free loan to corporate person to be classified as Financial Debt u/s 5(8) of IBC

July 26, 2021 3402 Views 0 comment Print

Loan to Corporate Person free of interest to be as classified Financial Debt in Section 5(8) of IBC  and therefore, a Financial Creditor was competent to initiate the Corporate Resolution Process under Section 7 of the IBC.

Second-hand flat buyers have Rights similar to Original Allottees: SC

July 22, 2021 5730 Views 3 comments Print

Laureate Buildwell Pvt. Ltd. Vs Charanjeet Singh (Supreme Court of India) Larger Bench of SC declares that HUDA v. Raje Ram 2008 (17) SCC 407 and Wing Commander Arifur Rahman Khan and Anr. v. DLF Southern Homes Pvt. Ltd. 2020 SCC Online 667 (SC) are not good law- Purchaser of flat entitled to interest on […]

SC upheld validity of 97th constitutional amendment | Effective management of co-op societies

July 20, 2021 2373 Views 0 comment Print

Union of India Vs Rajendra N Shah & Anr. (Supreme Court of India) The Supreme Court on July 20 in a 2:1 majority verdict upheld the validity of the 97th constitutional amendment that deals with issues related to effective management of cooperative societies but struck down a part inserted by it which relates to the […]

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