Category: Supreme Court

Writ petitions not to be entertained in cases of alleged fraudulent availment of ITC – Supreme Court dismissed SLP of the company In a recent case, the Hon’ble Supreme Court dismissed Special Leave Petition (SLP) of the company alleged of fraudulent availment of ITC against the judgment of …

SC applies “pay and recover” doctrine where driver of the offending vehicle was not holding a valid driving license on the date of the accident In a recent judgment, the Hon’ble Supreme Court in a motor accident claim upheld the doctrine of “pay and recover” where the driver …

No claim for compound interest could be made in an arbitral award where MoU between the parties did not stipulate compounding of interest. In a recent judgment, the Hon’ble Supreme Court has held that no claim for compound interest could be made in an arbitral award where MoU …

Placing Genset in steel container & fitting it with additional integral parts amounted to manufacture In a recent judgment, Hon’ble Supreme Court has held that process of placing Genset within steel container and fitting container with additional, integral components brings into existence a new, distinct, and marketable commodity. …

ITAT erred in recalling its original judgment deleting disallowance u/s 36(1)(va) for late deposit of PF based on Supreme Court judgment in Checkmate services which was delivered after the date of ITAT decision. In a recent judgment, Hon’ble Supreme Court has dismissed Special Leave Petition against the decision …

Homebuyer entitled to possession of the Apartment if their name incorporated in the list of financial creditors – Supreme Court In a recent judgment Hon’ble Supreme Court had held that once the name of homebuyers was incorporated in the list of financial creditors of the corporate debtor published …

Absence of documentary proof would not lead to conclusion that cash amount was not paid when the receiver has executed a promissory note – Supreme Court In a recent judgment, Hon’ble Supreme Court has held that absence of documentary proof would not lead to the conclusion that cash …

Reopening on the allegation of non disclosure of illegal mining was quashed as Apex Court did not declare it illegal till the date of its decision In a recent judgment Hon’ble Supreme Court dismissed the SLP of the Revenue against the order of the High Court quashing reopening …

Supreme Court declines to entertain inordinate delay of seven/six years in filing appeal by shifting responsibility of delay on counsel- SLP dismissed In a recent judgment, Hon’ble Supreme Court dismissed the SLP against the judgment of the High Court upholding the ITAT order that shifting responsibility of delay …

Complaint u/s 138 of N.I. Act against SICK company was valid when restraint order allowed it to draw to meet its day-to-day operations In a recent judgment, the Hon’ble Supreme Court has held that there was no embargo on filing a complaint u/s 138 of N.I. Act against …