Judgements Uploaded By Users In Category: Other Laws
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The Supreme Court has held that NOIDA Vs Anand Sonbhadra(17th May 2022) Forum-Supreme Court Sub-Whether a lessor would be a financial creditor or operational creditor under the IBC Law. The Supreme Court of India today in 186 page detailed judgement after considering all aspects of the meaning of lease including financial lease held that the Appellant in this case an operational… Read More ...
The Calcutta High Court has held that Srei Equipment Finance Limited Vs Additional/Joint Commissioner of Income-tax (Calcutta High Court) Date-10th May 2022 Sub- 1. Whether proceedings under the Income-tax Act,1961 has to be kept in abeyance once an order u/s 14 of the IBC code is passed. 2. Whether exchange of message in Chat box during the Video conference hearing can amount… Read More ...
The Supreme Court has held that S. 148 : Reassessment – Notice – Section 148 notices issued by the Assessing Officers shall be deemed to have been issued under Section 148A as substituted by the Finance Act, 2021 and to be treated as show¬ cause notices in terms of Section 148A(b) of the Act -The Assessing Officers shall, within 30 days… Read More ...
The Supreme Court of India has held that Haris Marine Products Vs Export Credit Guarantee Corporation (ECGC) Limited (Supreme Court) Date-25th April,2022 Sub-When goods can be said to have been despatched/shipped in case of Marine Insurance guaranteeing default in payment by the Overseas Buyer. An interesting issue arose in this case when three judges bench of Supreme Court was called upon to decide… Read More ...
The Supreme Court has held that Augustan Textile Colours Pvt ltd Vs Director of Industries & Anr (Supreme Court) Date-8th April,2022 Sub- Doctrine of Promissory estoppel- Tax exemption in respect of Works Contract made under SICA Act 1985- whether can be withdrawn by subsequent notification under the Kerala State Sales Tax Act? The limited question in this appeal was the validity… Read More ...
The Supreme Court has held that Noel Harper & Ors Vs Union of India & Anr(Supreme Court) Date-8th April,2022 Sub-Whether amendment made to Section 7, 12(1A),12A and 17(1) of Foreign Contribution(Regulation) Act, 2010 are manifestly arbitrary, unreasonable and imprinting upon the fundamental rights guaranteed to the petitioners under Articles 14, 19 and 21 of the Constitution. The Supreme Court three judges… Read More ...
The Supreme Court has held that Experion Developers Pvt ltd Vs Sushma Ashok Shiroor (Supreme Court) Date-7th April,2022 Sub-Delay in handing over possession, remedy available to the Consumer under Consumer Protection Act and Real Estate Regular Act run parallel, One sided clauses in Agreement amounts to Unfair trade practice and cannot govern the refund mechanism , refund with 9% interest from… Read More ...
The Supreme Court of India has held that Mrs Uma Devi Nambiar Vs Th Roman Catholic (Supreme Court of India) Date-1st April,2022 Sub- Whether a Power of attorney holder can confer better title than what he/she himself had and transfer an immovable property by virtue of such power is valid or void? In this case related to dispute between two sisters where after… Read More ...
The Supreme Court has held that Swarnalatha & Ors Vs Kalavathy & Ors Forum-Supreme Court of India Date- 30th March 2022 Sub-Dispute between Daughter and Daughter-in law -What can be the grounds for suspicion regarding execution of the Will when challenge is made by some of the legatees regarding the Will of Father/mother ( Father-in-law/mother-in-law for daughter-in-law) An interesting question arose… Read More ...
The Calcutta High Court has held that A S L ENTERPRISES LTD. VERSUS THE SENIOR JOINT COMMISSIONER, SALES TAX, CENTRAL AUDIT UNit & Ors Date -25th March 2022 Forum-Calcutta High Court Sub-Whether proviso to Section 84(1) of the West Bengal VAT Act, 2003 which provides for mandatory pre-deposit of 15% is ultra vires and it effects the vested rights of the appellant… Read More ...