supreme court judgements

Third Party Insurance Deemed to be Transferred Along With Effective Control Over Vehicle in a Hire Agreement

Corporate Law - Third Party Insurance Deemed to be Transferred Along With Effective Control Over Vehicle in a Hire Agreement It is common knowledge that Insurance companies shirk their liabilities on various  technical/venial grounds but the Courts do not let the Insurance Companies escape from their liabilities. One such matter recently on 14 July 2021...

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Section 143(1)(a)(i) intimation not required on commencement of regular Section 143(2) assessment

Corporate Law - On commencement of regular assessment proceedings u/s 143(2) of Act , there is no need for intimation u/s 143(1)(a)(i) Where the summary procedure under section 143(1)(a)(i) has been adopted, there is scope available for the revenue to make assessment u/s 143(3) of the Act. But the converse is not available. A regular assessment proceedin...

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Clarification on extension of limitation under GST Law in terms of SC Order dated 27.04.2021

Corporate Law - This is to apprise of a recent circular bearing no. 157/13/2021-GST, dated 20th July, 2021 issued by the CBIC for ‘Clarification regarding extension of limitation under GST Law in terms of Hon’ble Supreme Court’s Order dated 27.04.2021’ as follows: Hon’ble Supreme Court has provided for extension of limitation vide an order date...

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Substantial Question of Law under section 260A of Income Tax Act, 1961

Corporate Law - Substantial question of Law (SQL). On interpretation of section 260A of the Income Tax Act , 1961 and section 100 of the code of civil procedure, The Hon’ble Supreme Court reiterated that it is essential that the High Court must formulate substantial question of law (SQL) and only such SQL can be and need to […]...

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Lethargy of Government department in filing Appeals/SLP not acceptable

Corporate Law - Lethargy on part of the Government department in filing Appeals/SLP not acceptable after usage of IT & computerization- SC admonishes  & deprecates the Public Authorities for casual approach. The Apex Court has been consistently warning Government & it’s Departments for their casual approach in delayed filing of Appeals...

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Request for for extension of Old Course of CA Final & IPCC

Corporate Law - We have compiled a list of genuine reasons as to why the examination committee and the board of studies must consider an extension of attempts for Old course students, the reasons have been reproduced below in a point-wise manner:...

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Brief Note on Behalf of ICAI on Issues Raised in SC Writ Petition

Corporate Law - IN THE SUPREME COURT OF INDIA WRIT PETITION (C) NO.640/2021 ANUBHA SHRIVASTAVA SAHAI VS. UNION OF INDIA & ANR. BRIEF NOTE ON BEHALF OF THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA ON THE ISSUES RAISED IN THE WRIT PETITION 1. ICAI has a statutory duty to hold Professional Examinations 1.1 Under Section 15(2)(b) of the […]...

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Manual of ‘e-Courts Services Mobile App’ released in 14 languages

Corporate Law - E-Committee, Supreme Court of India has released Manual for its top citizen-centric service- free 'e-Courts Services Mobile app' in 14 languages (English, Hindi, Assamese, Bengali, Gujarathi, Kannada, Khasi, Malayalam, Marathi, Nepali, Odia, Punjabi, Tamil, Telugu)....

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No Change in CA Exam Schedule- SC satisfied with ICAI clarification

Corporate Law - During the course of hearing, ICAI informed the Hon'ble Court that it had verified the position from the concerned examination centres and was informed by the said examination centres that they are not falling in any containment zones....

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SC teaches Court etiquettes to erring lawyer

Corporate Law - Covid pandemic has ushered in a new era and have brought  in new concepts and ways of working in different spheres of life. Our legal system has also undergone a complete change and Video Conferencing Hearings have become the order of the day. The Apex Court and various High Courts are virtually hearing important matters […]...

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

Laureate Buildwell Pvt. Ltd. Vs Charanjeet Singh (Supreme Court of India) - 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 intere...

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SC on Maintainability of Writ Petitions in Assessment/Reassessment cases

CIT & Ors. Vs Chhabil Dass Agarwal (Supreme Court) - CIT & Ors. Vs Chhabil Dass Agarwal (Supreme Court) Article 226 Constitution of India empowers the high courts to issue, to any person or authority, including the government (in appropriate cases), directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition...

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Hindu personal law requires presence of a male for constitution of HUF: SC

CIT Vs. Smt. Sandhya Rani Dutta (Supreme Court) - CIT Vs. Smt. Sandhya Rani Dutta (Supreme Court) The principal question that we are concerned with here is the capacity of Hindu females to form among themselves a Hindu undivided family. No authorities to support this are brought to our notice; indeed they cannot be, for the concept appears to us to...

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Insurers liable to pay compensation despite change in vehicle ownership: SC

Uttar Pradesh State Road Transport Corporation Vs National Insurance Co. Ltd. & Ors. (Supreme Court of India) - Uttar Pradesh State Road Transport Corporation Vs National Insurance Co. Ltd. & Ors. (Supreme Court) SC holds that Insurance Companies are liable to pay compensation even if the vehicle is under contact and under control of State Transport Corporation and the insurance policy has been purchased ...

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

Union of India Vs Rajendra N Shah & Anr. (Supreme Court of India) - 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 ...

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CBDT extends limitation period for appeal filing in view of SC order after HC RAP

Circular No. 10/2021-Income Tax - (25/05/2021) - After getting RAP from M.P. High court for extension of due date for complete disregard to Supreme Court order CBDT clarifies that for the purpose of counting the period(s) of limitation for filing of appeals before the CIT(Appeals) under the Act, the taxpayer is entitled to a relaxation which is mo...

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Advocates-on-Record Examination, 2021 Postoponed

Notification No. G.S.R. 332(E) - (12/05/2021) - Competent Authority, after consideration of the requests received from various quarters for postponement of the Advocates-on-Record Examination, 2021 and for ensuring the safety and well-being of the candidates and the examination functionaries, has been pleased to postpone the AOR Examination which...

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SC to List only Urgent natters W.E.F. 22.04.2021

F. No.  /Judl.(I)/2021 - (20/04/2021) - (a) only urgent matters will be listed for hearing w.e.f. 22.04.2021. and (b) the Advocate-on-Record/Party-in-Person may send signed and verified mentioning-application along with synopsis containing the grounds of urgency not exceeding one page in the fresh matter only by e-mail at the email ...

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CBIC issued advisory on issue of SCN considering SC judgment in Canon India

F.No. 450/72/2021-Cus IV - (16/04/2021) - F.No. 450/72/2021-Cus IV Government of India Ministry of Finance Department of Revenue (Central Board of Indirect Taxes & Custom) ***** Room No. 227B, North Block, New Delhi Dated: 16th April 2021 To, The Principal Additional Director General, Directorate of Revenue Intelligence (DRI), New Delhi...

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CBIC directs to keep SCN against Anil Aggarwal & 11 others pending

Instruction No. 04/2021-Customs - (17/03/2021) - Hon'ble Apex Court has ruled that the Additional Director General (ADG) of Directorate of Revenue Intelligence (DRI) is not the proper officer to issue Show Cause Notice (SCN) under sub-section (4) of section 28 of the Customs Act, 1962....

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Recent Posts in "supreme court judgements"

Third Party Insurance Deemed to be Transferred Along With Effective Control Over Vehicle in a Hire Agreement

Third Party Insurance Deemed to be Transferred Along With Effective Control Over Vehicle in a Hire Agreement It is common knowledge that Insurance companies shirk their liabilities on various  technical/venial grounds but the Courts do not let the Insurance Companies escape from their liabilities. One such matter recently on 14 July 2021...

Read More
Posted Under: CA, CS, CMA |

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

Laureate Buildwell Pvt. Ltd. Vs Charanjeet Singh (Supreme Court of India)

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 […]...

Read More

SC on Maintainability of Writ Petitions in Assessment/Reassessment cases

CIT & Ors. Vs Chhabil Dass Agarwal (Supreme Court)

CIT & Ors. Vs Chhabil Dass Agarwal (Supreme Court) Article 226 Constitution of India empowers the high courts to issue, to any person or authority, including the government (in appropriate cases), directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, certiorari or any of the...

Read More

Hindu personal law requires presence of a male for constitution of HUF: SC

CIT Vs. Smt. Sandhya Rani Dutta (Supreme Court)

CIT Vs. Smt. Sandhya Rani Dutta (Supreme Court) The principal question that we are concerned with here is the capacity of Hindu females to form among themselves a Hindu undivided family. No authorities to support this are brought to our notice; indeed they cannot be, for the concept appears to us to be alien to […]...

Read More

Insurers liable to pay compensation despite change in vehicle ownership: SC

Uttar Pradesh State Road Transport Corporation Vs National Insurance Co. Ltd. & Ors. (Supreme Court of India)

Uttar Pradesh State Road Transport Corporation Vs National Insurance Co. Ltd. & Ors. (Supreme Court) SC holds that Insurance Companies are liable to pay compensation even if the vehicle is under contact and under control of State Transport Corporation and the insurance policy has been purchased by its actual owner It is common knowled...

Read More

Section 143(1)(a)(i) intimation not required on commencement of regular Section 143(2) assessment

On commencement of regular assessment proceedings u/s 143(2) of Act , there is no need for intimation u/s 143(1)(a)(i) Where the summary procedure under section 143(1)(a)(i) has been adopted, there is scope available for the revenue to make assessment u/s 143(3) of the Act. But the converse is not available. A regular assessment proceedin...

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Posted Under: CA, CS, CMA |

Clarification on extension of limitation under GST Law in terms of SC Order dated 27.04.2021

Circular no. 157/13/2021-GST 20/07/2021

This is to apprise of a recent circular bearing no. 157/13/2021-GST, dated 20th July, 2021 issued by the CBIC for ‘Clarification regarding extension of limitation under GST Law in terms of Hon’ble Supreme Court’s Order dated 27.04.2021’ as follows: Hon’ble Supreme Court has provided for extension of limitation vide an order date...

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Posted Under: CA, CS, CMA |

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

Union of India Vs Rajendra N Shah & Anr. (Supreme Court of India)

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 […]...

Read More

Substantial Question of Law under section 260A of Income Tax Act, 1961

Substantial question of Law (SQL). On interpretation of section 260A of the Income Tax Act , 1961 and section 100 of the code of civil procedure, The Hon’ble Supreme Court reiterated that it is essential that the High Court must formulate substantial question of law (SQL) and only such SQL can be and need to […]...

Read More
Posted Under: CA, CS, CMA |

SC set aside provision of Tribunal Reforms Ordinance 2021 fixing term of members of Tribunal at 4 years

Madras Bar Association Vs Union of India (Supreme Court)

The declaration of  Court in para 53(iv) of MBA-III should prevail and the term of Chairperson of a Tribunal shall be five years or till she or he attains the age of 70 years, whichever was earlier and the term of Member of a Tribunal should be five years or till she or he attained the age of 67 years, whichever is earlier....

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