Category: Supreme Court

Application for setting aside arbitral award u/s 34 of the Arbitration and Conciliation Act, 1996 filed on the next working day of the court, was within limitation period – Supreme Court In a recent judgment, Hon’ble Supreme Court has held that the application for setting aside arbitral award …

Under Arbitration Act 1940, clauses in contract merely barring contractor from claiming interest is no bar on arbitrator to grant Pendente lite interest. In a recent judgment, the Hon’ble Supreme Court had upheld grant of Pendente lite interest by the Arbitrator holding that under the provisions of the 1940 …

Order of Settlement Commission is conclusive and final in respect of the relevant assessment year and AO have no jurisdiction to reopen the assessment under section 147. In a recent judgment, Hon’ble Supreme Court has quashed the Special Leave Petition (SLP) against the judgment of the Hon’ble Gujarat …

Approved Resolution Plan is binding on Income Tax Department. Demands raised subsequently are invalid – Supreme Court In a recent judgment, the Hon’ble Supreme Court has held that the approved Resolution Plan is binding on the Income Tax Department and any subsequent demand raised are invalid. ABCAUS Case …

Director was not guilty of offence u/s 138 of NI Act in view of initiation of insolvency proceedings and moratorium order – Supreme Court In a recent judgment, the Hon’ble Supreme Court quashed the complaint case under Section 138 of Negotiable Instruments Act, 1881 against the director for …

Court of the place where cheque is presented have jurisdiction to entertain complaint under Section 138 of the N.I. Act. In a recent judgment, Hon’ble Supreme Court has held that court of the place where cheque is presented for collection, will have jurisdiction to entertain complaint alleging the …

DIN is not required in Satisfaction note which is a procedural aspect for issuing notice u/s 148 of the Act which already contains the DIN number and date.  In a recent judgment the Hon’ble Supreme Court has dismissed the Special Leave Petition (SLP) against the decision of the …

Non-executive & independent directors not liable u/s 138 read with Section 141 the Negotiable Instruments Act, 1881 Act – Supreme Court In a recent judgment the Hon’ble Supreme Court reiterated that non-executive and independent director(s) cannot be held liable under Section 138 read with Section 141 of the …

Constitutional validity of GST arrest provisions upheld by Supreme Court together with power of courts to grant anticipatory bail  In a recent judgment, Hon’ble Supreme Court upheld the constitutional validity of arrest under GST Act and also upheld the powers of courts to grant anticipatory bail and prohibiting …

Minimum turnover clauses in Tenders can not defeat the Public Procurement Policy for Micro and Small Enterprises (MSEs) Order 2012 – SC In a recent judgment, Hon’ble Supreme Court has held that minimum turnover clauses in Tenders can not defeat the Public Procurement Policy for Micro and Small …