Commissioner of Commercial Taxes & Anr. Vs Ramco Cements Ltd.Etc. (Supreme Court of India) 1. It is held that the respondents are liable to issue `C’ Forms in respect of the natural gas purchased by the petitioner from the Oil Companies in Gujarat and used in the generation or distribution of electricity at its power […]
Jaypee Kensington Boulevard Apartments Welfare Association & Ors. Vs. NBCC (India) Ltd. & Ors. (Supreme Court ) For what has been discussed and held on the relevant points for determination, our findings and conclusions are as follows: A. The Adjudicating Authority has limited jurisdiction in the matter of approval of a resolution plan, which is […]
Small Scale Industrial Manufactures Association (Regd.) Vs Union of India and others (Supreme Court) As the charging of penal interest/interest on interest/compound interest during the moratorium period is concerned, it stands absolutely on a different footing. At this stage, it is required to be noted that in fact the Central Government has come out with […]
Sesh Nath Singh Vs Baidyabati Sheoraphuli Co-Operative Bank Ltd. (Supreme Court) An Adjudicating Authority under the IBC is not a substitute forum for a collection of debt in the sense it cannot reopen debts which are barred by law, or debts, recovery whereof have become time barred. The Adjudicating Authority does not resolve disputes, in […]
Dive into Aparna Bhat vs State, Supreme Court ruling on bail conditions in sexual offence cases. Addressing gender stereotypes, ensuring sensitivity, and upholding justice. Full text included.
SC held that (i) prohibition placed by the Parliament in Section 29A and Section 35(1)(f) of the Insolvency and Bankruptcy Code, 2016 (IBC) must also attach itself to a scheme of compromise or arrangement under Section 230 of the Companies Act, 2013 (Act of 2013), when the company is undergoing liquidation under the auspices of the IBC,
State Bank of India & Anr. Vs Ajay Kumar Sood (Supreme Court) The reasons set out in the judgment of the Division Bench of the High Court dated 27 November 2020 dismissing the petition filed by the petitioners under Article 226 of the Constitution, span over eighteen pages but are incomprehensible. We are constrained to […]
Notice invoking arbitration was issued 5 1/2 years after rejection of the claims on 04.08.2014. Consequently, the notice invoking arbitration was ex facie time barred, and the disputes between the parties could not be referred to arbitration.
M/S Canon India Private Limited Vs Commissioner of Customs (Supreme Court of India) The main issue is whether after clearance of the cameras on the basis that they were exempted from levy of basic Customs duty under Notification No. 15/2012, the proceedings initiated by the Directorate of Revenue Intelligence for recovery of duty not paid […]
Since there was no response by the appellant at any stage either when the cheques were issued, or after the presentation to its banker, or after the legal notices were served informing the appellant that both the cheques on being presented to its banker were returned with a note that it could not be honoured because of “insufficient funds” and there was no evidence to rebut the presumption that the cheques were issued for consideration, therefore, the High Court had not committed any error in recording the finding of guilt of the appellant and convicting her for an offence being committed under Section 138 under its impugned judgment.
