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supreme court judgements

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जस्ट डायल जस्ट डायल लिमिटेड बनाम पी एन विग्नेश और अन्य (सुप्रीम कोर्ट ऑफ़ इंडिया)

Corporate Law : सुप्रीम कोर्ट ने Justdial लिमिटेड बनाम पीएन विग्नेश मा...

August 16, 2024 324 Views 0 comment Print

SC In Manish Sisodia Case Criticises High/Trial Court for Playing It Safe In Bail Matters

Corporate Law : SC slams High Court for 'playing it safe' on bail in Manish Sisodia's case, emphasizing that bail should be the norm, not the exce...

August 10, 2024 291 Views 0 comment Print

SC Quashes Rape Case Filed After Relationship Went Sour

Corporate Law : Supreme Court quashes rape case, ruling consensual relationship. Calls for legal reforms to prevent misuse of penal laws against m...

August 5, 2024 1815 Views 0 comment Print

राज्य बार काउंसिल नामांकन शुल्क अधिक नहीं ले सकती ।

Corporate Law : सुप्रीम कोर्ट ने राज्य बार काउंसिलों द्वारा अत्य...

August 3, 2024 402 Views 0 comment Print

GST Case Law Compendium – July 2024 Edition

Goods and Services Tax : Explore critical GST case laws from July 2024, including SCN issuance, personal hearing rights, appeal delays, and more. Essential...

July 25, 2024 3474 Views 0 comment Print


Latest News


Latest Case Law Related to IBC – April to June 2023

Corporate Law : SC rules on Special Court jurisdiction; NCLAT redefines financial debt; HC upholds IBBI regulations and addresses various insolven...

August 14, 2024 321 Views 0 comment Print

Excise duty for intermediate products: SC admits Ecoboard Industries Ltd.’s appeal

Excise Duty : Supreme Court admits Ecoboard Industries Ltd.'s appeal on excise duty for intermediate products, questioning Tribunal's duty impo...

August 2, 2024 129 Views 0 comment Print

SC Stays Variation of Stay Order in Marwadi Shares and Finance Ltd. Case

Excise Duty : Case Title: M/s. Marwadi Shares and Finance Ltd. Vs. Union of India & Ors.; Special Leave to Appeal (C) No(s). 27124/2023; Dat...

June 6, 2024 537 Views 0 comment Print

SC to Review if Supplying Crane for Services Constitutes Transfer of ‘Right to Use’

Goods and Services Tax : Explore Supreme Court's scrutiny of whether supplying cranes for services like loading, unloading, lifting, and shifting qualifies...

May 21, 2024 828 Views 0 comment Print

SC issues Notice to to Finance Ministry on GST Return Revision Option on Portal

Goods and Services Tax : Explore the case of Pradeep Kanthed v. Union of India where the Supreme Court issues notice to the Finance Ministry regarding the ...

January 4, 2024 3186 Views 0 comment Print


Latest Judiciary


Vodafone Idea Not Liable for TDS on Foreign Telecom Charges

Income Tax : Supreme Court rules Vodafone Idea is not liable for TDS on payments to foreign telecom operators. The decision aligns with earlier...

August 16, 2024 1719 Views 0 comment Print

SC Upholds State Governments’ Tax Levy on Mining Activities wef April 1, 2005

Corporate Law : Supreme Court overrules India Cement case, ruling that MADA judgment should not be applied retrospectively to avoid disrupting pas...

August 14, 2024 321 Views 0 comment Print

Purchase Price defined u/s. 2(18) of GVAT would not include Value Added Tax: Supreme Court

Goods and Services Tax : Supreme Court held that the Purchase Price as defined u/s. 2(18) of the Gujarat Value Added Tax Act, 2003 would not include purcha...

August 10, 2024 144 Views 0 comment Print

Banks and NBFCs obliged to adopt restructuring process before classification of account as NPA: Supreme Court

Corporate Law : Supreme Court held that Banks/ Non-Banking Financial Companies (NBFCs) are obliged to adopt restructuring process of MSME as conte...

August 9, 2024 351 Views 0 comment Print

State Bar Councils Can’t Charge Fees Above Prescribed Limit: SC

Corporate Law : Supreme Court held that State Bar Councils (SBCs) cannot charge an enrolment fee or miscellaneous fees above the amount prescribed...

August 8, 2024 297 Views 0 comment Print


Latest Notifications


SC: Procedure for circulation of Letters for adjournment of cases

Corporate Law : Supreme Court of India introduces new procedures for case adjournments effective 14th February 2024, detailing strict guidelines a...

February 14, 2024 1230 Views 0 comment Print

EPFO: SC Judgment 04.11.2022: FAQs, Proof Requirements & Pension Computation

Corporate Law : Explore the updated FAQs on the implementation of the EPFO judgment dated 04.11.2022. Understand proof requirements, pension compu...

December 13, 2023 2145 Views 0 comment Print

Instructions on Implementing Abhisar Buildwell SC Judgment by CBDT

Income Tax : Comprehensive guide on CBDT's directives for AOs concerning the Abhisar Buildwell Supreme Court verdict. Dive into its implication...

August 23, 2023 12270 Views 0 comment Print

Supreme Court Guidelines for Written Submissions and Oral Arguments

Income Tax : Supreme Court's circular outlines guidelines for filing written submissions, documents, and oral arguments before Constitution Ben...

August 22, 2023 4623 Views 1 comment Print

ESI Act should receive a liberal & beneficial construction to promote its objects: SC

Corporate Law : The establishment M/s Radhika Theatre, situated at Warangal, Telangana was covered under ESI Act w.e.f. 16.01.1981 on the basis of...

February 8, 2023 1383 Views 0 comment Print


HC may impose costs but should decide issues on merit rather than dismissing Revenue’s appeal on mere ground of delay- SC

December 24, 2010 354 Views 0 comment Print

Supreme Court held that Looking to the amount of tax involved in this case, we are of the view that the High Court ought to have decided the matter on merits. In all such cases where there is delay on the part of the Department, we request the High Court to consider imposing costs but certainly it should examine the cases on merits and should not dispose of cases merely on the ground of delay, particularly when huge stakes are involved.

Central Excise – SSI Exemption not available if Assessee uses another person’s brand name

December 24, 2010 2099 Views 0 comment Print

Central Excise – SSI Exemption – Use of another person’s brand name – Not entitled for exemption: It is manifest from a bare reading of Clause 4 of the Notification, read with Explanation IX that it clearly debars an assessee from the benefit of exemption under the notification, if he uses another person’s brand or trade name with the intention of indicating a connection between the assessee’s goods and such other person. It is evident that the object of the exemption notification is to grant benefits only to those industries which otherwise do not have the advantage of brand or trade name. In order to avail of the benefit of the exemption notification, the assessee must establish that his product is not associated with some other person: if it is shown that the assessee has affixed the brand name of another person on his goods with the intention of indicating a connection between the assessee’s goods and the goods of another person, using such name or mark, then the assessee would not be entitled to the benefit of exemption notification; if the assessee is able to satisfy the Adjudicating Authority that there was no such intention, or that the user of the brand name was entirely fortuitous, it would be entitled to the benefit of the exemption

Dismissed, convicted employee cannot claim back wages- SC

December 22, 2010 1697 Views 0 comment Print

A person who was convicted for an offence and removed from service cannot claim backwages even if he was acquitted later, the Supreme Court ruled in the case, Corp Mithilesh vs Union of India. Merely because he is acquitted, he is not entitled to backwages and other consequential benefits, the court said.

Goods and services hired for commercial use not covered by Consumer Protection Act

December 22, 2010 1464 Views 0 comment Print

The Supreme Court last week stated that goods and services hired for commercial purposes cannot be the subject matter of a consumer complaint under the Consumer Protection Act. It set aside the judgment of the National Consumer Commission in the case

MAT credit to be set off before computing advance-tax shortfall and liability for Section 234B/ 234C interest

December 21, 2010 7926 Views 0 comment Print

Full Bench: whether MAT credit admissible in terms of Section 115JAA has to be set off against the tax payable (assessed tax) before calculating interest under Sections 234A, B and C of the Income Tax Act, 1961. There is no provision under Section 115JAA which postpones the right of the assessee to claim set off to the determination of the total income by the A.O. in the first assessment year. Entitlement right to claim set off is different from the quantum quantification.

Classification under Tariff Items of the Customs Tariff Act, 1975 in the case of C.C.E.C and ST, Vishakhapatnam Versus Jocil Ltd.

December 20, 2010 5298 Views 0 comment Print

The brief facts which give rise to the aforesaid issue are that the Respondent imported Crude Palm Stearin through Kakinada Port and filed Bills of Entry declaring the goods as industrial grade Crude Palm Stearin falling under Ch. Sub Heading No. 15 11 90 90 of the Customs Tariff Act, 1975

In case of War widows, handicapped people and similar cases, the law should take a liberal view – SC

December 17, 2010 502 Views 0 comment Print

In this case, a war widow was given a gas distribution agency. She was managing it with her two daughters. When she became old, she made it into a partnership. She held 51 per cent and another held the rest. The corporation cancelled the licence on t

No time limit for reference of disputes to labour court – SC

December 17, 2010 534 Views 0 comment Print

The Industrial Disputes Act does not prescribe any time limit for referring a dispute to the labour court, the Supreme Court has stated in its judgment, Kuldeep Singh vs Instrument Design Development Centre. In this case, the employee was terminated

Delay not ground for dismissing petition- SC

December 17, 2010 414 Views 0 comment Print

The Supreme Court (SC) stated last week that courts should not dismiss petitions of revenue authorities only on the ground of delay, without going into the merits of the case. In this case, the Commissioner of Income Tax appealed to the SC against th

Parle Bisleri – Plea for benefits of SSI dismissed

December 15, 2010 814 Views 0 comment Print

The Supreme Court last week dismissed the appeal of Parle Bisleri Ltd challenging the ruling against it by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) in an excise dispute over its soft drink flavours and the use of their brand names. Apart from Parle Bisleri, two others involved were Parle Exports Ltd and Parle International Ltd. Parle Bisleri claimed excise benefits as a small scale industry in the 1990’s. The claim was rejected by the tribunal. It appealed to the Supreme Court, which stated that the tribunal was right in denying the benefit by clubbing the products of the three companies. The court said: “the three companies in question were intertwined in their operation and management… It would likely seem that the purported fragmentation of the manufacturing process was but a mere ploy to avail of the SSI exemption. Piercing the corporate veil, when the notions of beneficial ownership and interdependency come into the picture, are no longer disputed questions. On this count, therefore, we have no hesitation whatsoever in affirming the order of the tribunal,which was justified entirely through the precedent set by this court.”

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