India Resurgence Arc Private Limited Vs M/s. Amit Metaliks Limited & Anr. (Supreme Court of India) “Equality” means equality among equals or within the same class. In the present facts of the case, the appellant company is said to be the assignee of the rights, title and interest carried by Religare Finvest Limited as secured […]
UPPTCL had no power and authority and or jurisdiction to realize labour cess under the Cess Act in respect of the first contract by withholding dues in respect of other contracts and/or invoking a performance guarantee. The finding of the High Court was sustainable as UPPTCL acted in excess of power by its acts impugned, when there was admittedly no assessment or levy of cess under the Cess Act.
A well accepted Principle of law On going through the judgement of the Hon,ble Supreme Court in CIT, West Bengal Vs. Calcutta Discount Co. Ltd. Decided on 10.04.1973, we find two very important aspects decided by this court . 1. No specific formula is necessary for seeking relief at the hand of any court or […]
In re Contagion of Covid 19 Virus in Prisons (Supreme Court) Hon’ble Supreme Court The authorities to ensure that proper medical facilities are provided to all prisoners who are imprisoned. The spread of Covid19 virus should be controlled in the prisons by regular testing being done of the prisoners but also the jail […]
Chief Election Commissioner of India Vs M.R Vijayabhaskar & Ors. (Supreme Court of India) Courts must be open both in the physical and metaphorical sense. Save and except for in-camera proceedings in an exceptional category of cases, such as cases involving child sexual abuse or matrimonial proceedings bearing on matters of marital privacy, our legal […]
Union of India Vs Rakesh Malhotra & Anr. (Supreme Court) The rationale for constituting a Task Force at a national level is to facilitate a public health response to the pandemic based on scientific and specialised domain We expect that the leading experts in the country shall associate with the work of the Task Force […]
CASE ANALYSIS PILCOM v. COMMISSIONER OF INCOME TAX (C.I.T.) A.I.R. 2020 S.C. 204 Bench: Justice Uday Umesh Lalit and Justice Vineet Saran SIGNIFICANCE OF THE CASE: With an increase in various International Sporting events such as the Indian Premier League (IPL), Pro Kabaddi, Indian Super League (ISL), etc, which are been held in India, the […]
The provisions of the West Bengal (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993 (WB 1993) Act impliedly stood repealed upon the enactment of the RERA in 2016, in accordance with Sections 88 and 89 read with Article 254(1) of the Constitution. As a consequence of the declaration by this Court of the invalidity of the provisions of West Bengal Housing Industry Regulation Act, 2017 (WB-HIRA, 2017), there should be no revival of the provisions of the WB 1993 Act, since it would stand impliedly repealed upon the enactment of the RERA.
Indian School, Jodhpur & Anr. Vs State of Rajasthan & Ors. (Supreme Court) Ordinarily, we would have thought it appropriate to relegate the parties before the Regulatory Authority to refix the school fees for the academic year 2020-21 after taking into account all aspects of the matter including the advantage gained by the school Management […]
Jharkhand State Electricity Board Vs Ramkrishna Forging Limited (Supreme Court of India) It is noteworthy that the Jharkhand State Electricity Board (‘the Board’) is a monopoly supplier of electricity which has laid down its own terms and conditions, regarding which the consumer has no say or choice but to sign on the dotted lines, if […]