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Supreme Court of India

Pendency of similar matters not a ground to against Negligence in filing appeal

June 29, 2021 321 Views 0 comment Print

Merely because similar matters are pending is not a ground to grant leave and take the matter when the authorities have been negligent in filing the appeal. We have repeatedly emphasized that unless the case is brought within the parameters of Chief Post Master General & Ors. v. Living Media India Ltd. & Anr. –(2012) 3 SCC 563, we would not be inclined to condone the delay and have in fact dismissed the special leave petitions with cost categorizing them as “certificate cases” only brought before the Court to complete a formality and save the skin of the officers concerned.

States/UTs to ensure implementation of Inter-State Migrant Workers Act: SC

June 29, 2021 1125 Views 0 comment Print

Bandhua Mukti Morcha Vs Union of India & Ors. (Supreme Court of India) In a Suo Motu Writ Petition, Hon’ble Supreme Court observed that a direction need to be issued to the States/Union Territories to register all establishments and license all contractors under the Inter State Migrant Workers Act, 1979 and ensure that statutory duty […]

Penalty imposed on Revenue for lethargy delay in filing SLP

June 29, 2021 3840 Views 0 comment Print

SC has imposed penalty of 25000/- INR on the Revenue Department for delay in filing the Special Leave Petition (“SLP”) for wastage of judicial time. Further, directed to recover the amount from officers responsible for the delay in filing the SLP.

Limitation Act, 1963 applicable to arbitration proceedings U/s. 18(3) of MSMED Act, 2006

June 29, 2021 2082 Views 0 comment Print

When the settlement with regard to a dispute between the parties was not arrived at under Section 18 of MSMED Act, 2006, necessarily, the Micro and Small Enterprises Facilitation Council should take up the dispute for arbitration under Section 18(3) of the 2006 Act or it might refer to institution or Centre to provide alternate dispute resolution services and provisions of Arbitration and Conciliation Act 1996 were made applicable as if there was an agreement between the parties under sub-section (1) of Section 7 of the 1996 Act. Therefore, Limitation Act, 1963 was applicable to the arbitration proceedings under Section 18(3) of the 2006 Act.

SC held absolute confiscation of Peas And Pulses but re-export allowed subject to recovery of redemption fine

June 17, 2021 2001 Views 0 comment Print

The Court ordered the absolute Confiscation of Peas and Pulses but if the importer concerned opted for re-export, within another period of two weeks from today, such a prayer for re- export might be granted by the authorities after recovery of the necessary redemption fine and subject to the importer discharging other statutory obligations. If no such option was exercised within prescribed time, the goods should stand confiscated absolutely.

SC STAYS Delhi HC Order declaring IGST on Oxygen Concentrators as Unconstitutional

June 1, 2021 804 Views 0 comment Print

Supreme Court Bench of Justices DY Chandrachud and MR Shah issued notice in the appeal against the High Court verdict and granted a stay on order declaring imposition of IGST on the import of oxygen concentrators by individuals for personal use as unconstitutional.

SC demands full COVID-19 Vaccination purchase & dose data

May 31, 2021 540 Views 0 comment Print

In Re: Distribution Of Essential Supplies And Services During Pandemic (Supreme Court of India) We direct the UoI to file an affidavit, which shall address the issues and questions raised in Section E, wherein it shall ensure that each issue is responded to individually and no issue is missed out. We also direct that the […]

SC directs Govt to complete process of appointment of Members of NCLT & NCLAT at the earliest

May 31, 2021 1431 Views 0 comment Print

NCLAT by writing to the Hon’ble Chief Justice, we trust and hope that the reappointment process should be completed expeditiously, as there is no necessity of issuance of any advertisement for participation of other eligible candidates.

SC Upholds IBC provisions on insolvency of Personal Guarantors

May 21, 2021 6771 Views 0 comment Print

Lalit Kumar Jain Vs Union of India (Supreme Court) 1. Supreme Court on Friday upheld provisions of the Insolvency and Bankruptcy Code (IBC) allowing lenders to pursue insolvency proceedings against promoter guarantors of companies facing Corporate Insolvency Resolution Process. 2. A bench of Justices L Nageswara Rao and Ravindra Bhat delivered the judgement. The ruling […]

Mere abstract rule, principle or test can not determine character of a transaction

May 18, 2021 1581 Views 0 comment Print

An abstract rule, principle or test can not determine the character of a transaction, depends on facts and circumstances. CIT Vs. R V Gupta , Delhi High Court Also decided the question of distinction between a capital sale and an adventure in the nature of trade was considered by the Supreme Court in G. Venkataswami […]

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