Category: Supreme Court
Supreme Court to decide constitutional validity of provisions of IBC 2016 to the extent they apply to personal guarantors of corporate debtors ABCAUS Case Law CitationABCAUS 3416 (2020) (10) SC The Ministry of Corporate Affirs (MCA) by Notification dated 15.11.2019 had brought personal guarantors to corporate debtors under …
Rent of shops let out in shopping Mall if business income or income from house property – SC dismissed Revenue’s SLP ABCAUS Case Law CitationABCAUS 3407 (2020) (10) SC Important case law relied upon by the parties:Raj Dadarkar & Associates v. Assistant Commissioner of Income-taxPrincipal Commissioner of Income …
Suit for specific performance for sale of immovable property filed within limitation cannot be dismissed on sole ground of delay or laches unless time being of the essence, and sale could not be made due to fault of the purchaser – SC ABCAUS Case Law CitationABCAUS 3405 (2020) …
Govt. constitutes Expert Committee on issue of waiver of interest & waiver of interest on interest & other related issues related to bank loans in view of the Covid-19 pandemic. Today the Government taking cognizance of the proceedings in ongoing hearing in Supreme Court of India in the …
Gas regulating measuring equipment installed at customers site fulfills the description in Section 65(105)(zzzzj) of a taxable service – SC ABACUS Case Law CitationABCAUS 3376 (2020) (08) SC Important case law relied upon by the parties:Indian National Shipowners’ Association and Anr. v. Union of India and others The …
Payment received for shares, duly issued cannot be a debt under Insolvency and Bankruptcy Code. Personal loan to Promoter/Director cannot trigger CRIP -SC ABACUS Case Law CitationABCAUS 3375 (2020) (08) SC Important case law relied upon by the parties:Innoventive Industries Ltd. v. ICICI Bank and Anr.B. K. Educational …
Limitation period for making application for initiation of CIRP is three years from date of default. IBC not a money recovery legislation for creditors – SC ABACUS Case Law CitationABCAUS 3365 (2020) (08) SC Important case law relied upon by the parties:B. K. Educational Services Pvt. Ltd. vs. …
Daughters have coparcenary rights from birth even if father not alive on commencement of Hindu Hindu Succession (Amendment) Act 2005 i.e. 9.9.2005 ABACUS Case Law CitationABCAUS 3361 (2020) (08) SC Important case law relied upon by the parties:Prakash & Ors. v. Phulavati & Ors., (2016) 2 SCC 36Danamma …
Deeming provision of section 68 not apply if no sum is received in terms of any money, i.e., in cash or cheque. credit worthiness not required to be examined in such case In the given case, the Income Tax Department had challenged the judgment of the Hon’ble High …
Memorandum of Family Settlement not required to be registered – Supreme Court. Read essentials ingredients of a Family Settlement ABACUS Case Law CitationABCAUS 3351 (2020) (07) SC Important case law relied upon by the parties:Kale & Ors. vs. Deputy Director of Consolidation & Ors (1976) 3 SCC 119 …