Category: Supreme Court

Supreme Court declines to entertain SLP due to constitution of the GST Appellate Tribunal  In a recent judgment, Hon’ble Supreme Court has declined to entertain a SLP against the decision of the Allahabad High Court whereby the High Court dismissed the appeal of the Petitioner against the order …

Amount of money received as Mediclaim not deductible from an award passed by MACT under the head of medical expenses. Amount of money received as Mediclaim under Mediclaim policy is not deductible from an award passed by Motor Accidents Claims Tribunal (the MACT) which may also include compensation …

Supreme Court explains meaning and scope of “reason to believe” u/s 147 and when reopening can be said to be mere change of opinion. In a recent judgment, Hon’ble Supreme Court has explained the meaning and scope of “reason to believe” under Section 147 of Income Tax Act …

Corporate guarantees executed by the corporate debtor constitute “financial debt” under IBC and banks to be recognized as financial creditors – Supreme Court In a recent judgment, Hon’ble Supreme Court has held that the corporate guarantees executed by the corporate debtor constitute “financial debt” within the meaning of …

When IBC proceedings are used for as recovery mechanism, it amounts to an abuse of the insolvency process – Supreme Court In a recent judgment, Hon’ble Supreme Court upheld that when IBC proceedings are used for as recovery mechanism, it amounts to an abuse of the insolvency process …

Deficiency in valuation or court fee does not, by itself, render the suit non-maintainable at the threshold – Supreme Court In a recent judgment, Hon’ble Supreme Court has held that the deficiency in valuation or court fee does not, by itself, render the suit non-maintainable at the threshold. …

Use of word “can” in arbitration clause cannot be said to be a binding arbitration agreement –Supreme Court In a recent judgment, Hon’ble Supreme Court has held that use of word “can” in arbitration clause in the contract indicates merely the future possibility of referring disputes to arbitration …

Repayments of loans taken for asset generation can’t be deducted  to arrive at earning capacity for determining maintenance to wife – Supreme Court In a recent judgment, Hon’ble Supreme Court has held that repayments of loans taken for asset generation can not be deducted to arrive at real …

Seat of arbitration is governed by the agreement of the parties and not by the place of hearing or the place where the award is signed – Supreme Court In a recent judgment, Hon’ble Supreme Court has explained the distinction between the seat and venue of the arbitration …

Satisfaction Note u/s 153C – term “immediate” cannot be extended to defeats the purpose of cost effective, efficient and expeditious completion of search assessments. In a recent judgment the Hon’ble Supreme Court dismissed the SLP of the Revenue against the judgment of the High Court holding that the …