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Supreme Court of India

Interim orders of ‘not to arrest’ or ‘no coercive steps’ cannot be passed mechanically: SC

April 13, 2021 7194 Views 0 comment Print

Neeharika Infrastructure Pvt. Ltd. Vs State of Maharashtra (Supreme Court) FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER The principal issue which arises is when and where the High Court would be justified in passing an interim order either staying the further investigation in the FIR/complaint or interim order in the nature of ‘no coercive steps’ […]

Extinguishment of Liabilities Post Approval of Resolution Plan?

April 13, 2021 14013 Views 0 comment Print

Ghanashyam Mishra and Sons Private Ltd. Vs Edelweiss Asset Reconstruction Company Ltd. (Supreme Court of India) FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER In the case of Ghanashyam Mishra and Sons Pvt. Ltd. vs. Edelweiss Asset Reconstruction Company Limited & Ors.[1], the Hon’ble Apex Court held that once the resolution plan is approved by the Adjudicating […]

SC Bail – Extortion Payment Is Not Terror Funding

April 9, 2021 1056 Views 0 comment Print

Sudesh Kedia Vs Union of India (Supreme Court of India) 1. According to the prosecution, the Appellant was providing financial support to TPC and the material gathered during investigation discloses that the Appellant has committed offences under Section 17 of the Unlawful Activities (Prevention) Act. 2. The Appellant stated that the terror suspects contacted him […]

Refund of Inverted Duty on Input Services: SC to hear on 28th April Finally

April 8, 2021 3010 Views 0 comment Print

Union of India & Anr. Vs. The Quarry Owners Association & Ors. (Supreme Court of India) SC held on the issue of ‘ Validity of Refund of Inverted Duty on Input Services’ held that Since a large number of petitions are pending in the various High Courts on the same issue, it is appropriate that […]

Automatic vacation of stay order after expiry of 365 days is not permissible

April 6, 2021 5439 Views 0 comment Print

DCIT Vs Pepsi Foods Ltd. (Supreme Court of India) FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER The Hon’ble Supreme Court in DCIT v. Pepsi Foods Ltd. [Civil Appeal Nos. 1106 to 1139 of 2021 decided on April 6, 2021] has upheld the Hon’ble Delhi High Court’s verdict of partially striking down third proviso to Section […]

Business Run by Karta of HUF Cannot Be presumed to be Joint Family Business: SC

April 5, 2021 7551 Views 0 comment Print

Kiran Devi Vs The Bihar State Sunni Wakf Board & Ors. (Supreme Court) 1. Supreme Court on Hindu Undivided Family, there cannot be any Presumption That Business Run By Karta In Tenented Premise Is Joint Family Asset. 2. The contract of tenancy is an independent contract than the joint Hindu family business. 3. Just because […]

Section 7 IBC- Action can be taken against Corporate Guarantor for Loan to Non-Corporate principal borrower: SC

March 26, 2021 10509 Views 0 comment Print

Laxmi Pat Surana Vs Union Bank of India (Supreme Court) The fact that the principal borrower had availed of credit/loan and committed default and that the (corporate) guarantor/corporate debtor had offered guarantee in respect of the loan account is not disputed. What is urged by the appellant is that the acknowledgment of liability to pay […]

SC allows Tata Sons Appeal against NCLAT order reinstating Cyrus Mistry as Chairperson

March 26, 2021 4014 Views 0 comment Print

Tata Consultancy Services Limited Vs Cyrus Investments Pvt. Ltd. (Supreme Court of India) Supreme Court framed the following questions of law : (i) Whether the formation of opinion by the Appellate Tribunal that the company’s affairs have been or are being conducted in a manner prejudicial and oppressive to some members and that the facts otherwise justify the winding up of […]

SC stays recovery of Penalty imposed by SEBI on NDTV Promoters

March 26, 2021 996 Views 0 comment Print

Radhika Roy Vs SEBI (Supreme Court) FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER 1 We have heard Mr Mukul Rohatgi, senior counsel for the appellants and Mr Tushar Mehta, Solicitor General of India for the respondent. 2 By its order dated 15 February 2021, the Securities’ Appellate Tribunal (SAT) disposed of an application for stay […]

SC explains how NCLT ought to proceed when Section 8, Arbitration Act application is filed

March 26, 2021 6720 Views 0 comment Print

Indus Biotech Private Limited Vs Kotak India Venture (Offshore) Fund (Earlier Known As Kotak India Venture Limited) & Ors. (Supreme Court) It is clarified that in any proceeding which is pending before the Adjudicating Authority under Section 7 of IB Code, if such petition is admitted upon the Adjudicating Authority recording the satisfaction with regard […]

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