Judgements Uploaded By Users In Category: Other Laws
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The Supreme Court has held that This is a classic case and a mirror to the fact that litigant public may become disillusioned with judicial processes due to inordinate delay in the legal proceedings, not reaching its logical end, and moving at a snail’s pace due to dilatory tactics adopted by one or the other party. Every pending case represents a… Read More ...
The Supreme Court has held that Under Section 19(1) of the Prevention of Money Laundering Act, 2002 it is necessary that a copy of the written grounds of arrest is furnished to the arrested person without exception. Otherwise, the arrest would be unlawful The chronology of events speaks volumes and reflects rather poorly, if not negatively, on the Directorate of Enforcement… Read More ...
The Hon'ble NCLT Mumbai has held that In this order Hon'ble NCLT held that PF/Gratuity due of the workers is third party asset belonging to poor worker and this asset need to excluded and to be paid in priority in resolution or liquidation without waiting for distribution under Section 53 of the IBC. Hon'ble Court held in operative part as under. "The… Read More ...
The Calcutta High Court has held that MSP Metallics Limited Vs ACIT & Ors(Calcutta High Court) Date-May 25th 2023 Sub-Whether when Corporate Insolvency Resolution Plan(CIRP) is initiated against an entity, the income tax department can initiate fresh proceeding either civil or criminal and the pending proceeding is required to be stayed in view of Section 238 of the IBC. The Calcutta high… Read More ...
The Supreme Court has held that Hasmukhlal Madhavlal Patel & Anr Vs Ambika Food Products Pvt ltd and Ors(Supreme Court) Date-June 15,2023 Sub- Disproportionate allotment of shares in a right issue by a Private limited Company- Duty of Director- Applicability of Section 81 of the Companies Act, 1956 The Supreme Court in this case was dealing with an interesting situation where… Read More ...
The National Consumer Disputes Redressal Commission has held that Aashna Roy Vs ITC Hotels Limited (National Consumer Disputes Redressal Commission) Date-26th April, 2023 Sub-Compensation for deficiency in service for wrong hair cut- amount maintained at Rs 2 crore- Interest @ 9% pa awarded from the date of complaint till date. In this second round of litigation where the complainant had been appearing in person,… Read More ...
The Supreme Court of India has held that Union of India and another Vs Deloitte Haskins and Sells LLP & Anr (Supreme Court) Date-3rd May 2023 Sub-Whether an auditor who is charged with offence under Section 140(5) of the companies Act dealing with non-reporting of fraud in a company can get away by simply resigning as an Auditor and thereby rendering the provisions… Read More ...
The Supreme Court of India has held that M/s Suneja Towers Private Limited & Anr Vs Anita Merchant(Supreme Court) Date-18th April, 2023 Sub-Whether payment made to builder for purchase of flats which is arbitrarily cancelled can lead to refund with compound interest? The Supreme Court in this case was dealing a situation where the Respondent had booked 3 flats in the year 1989… Read More ...
The Supreme Court has held that State of Gujarat and Anr Vs Saw Pipes Ltd(Supreme Court) Date-17th April, 2023 Sub-Whether mens rea is essential for levy of penalty under the taxation laws? The highest court of the country in this case was considering the levy of penalty and interest under the provisions of Gujarat Sales tax Act 1969 when the high… Read More ...
The Supreme Court has held that National Insurance Co Ltd Vs Harsolia Motors and others(Supreme Court) Date-13th April 2023 Sub-What is the meaning of commercial purpose under the Consumer Protection Act for reimbursement of claim on account of fire at the godown of a commercial enterprise? The Apex Court in this case was considering claim of the respondent herein for loss… Read More ...