Category: Supreme Court

Negative blocking of Electronic Cash Leger – Supreme Court dismissed SLP of the GST Department challenging the order of Delhi High Court  In a recent judgment, Supreme Court has dismissed SLP of the GST Department challenging the order of Delhi High Court directing lifting of negative blocking of …

Dispute of title of immovable property fall exclusively within the jurisdiction of civil courts and not revenue authorities. In a recent judgment, Hon’ble Supreme Court has held that dispute relating to title of immovable property fall exclusively within the jurisdiction of civil courts and not revenue authorities. Revenue …

For prosecution u/s 138 of NI Act 1881 reproducing language of Section 141 in verbatim or attributing specific role to the directors not necessary – SC  In a recent judgment Hon’ble Supreme Court held for prosecution under section 138 of Negotiable Instrument Act, 1881 reproducing language of Section …

Addition of unexplained investment upheld when assessee was not in the category of the persons permitted to accept the demonetised currency.  In a recent judgment Hon’ble Supreme Court dismissed the Petition challenging addition as unexplained investment towards deposit of demonetised currency in bank as after demonetisation, the assessee …

In deciding seat of arbitration, MSMED Act overrides agreement between the parties . MSMED Act overrides the Arbitration Act – Supreme Court  In a recent judgment Hon’ble Supreme Court has held that MSMED Act overrides the Arbitration Act and for deciding the “seat of arbitration”, the agreement between …

Appointment letter clause requiring payment of liquidated damages for leaving employment before specified years not restraint of trade or opposed to public policy – SC  In a recent judgment Hon’ble Supreme Court has held that clause in appointment letter requiring payment of liquidated damages by the employee in …

Dependent mother of the deceased also entitled to compensation under Motor Vehicle Act – Supreme Court In a recent judgment Hon’ble Supreme Court has held that dependent mother of the deceased is entitled to compensation under Motor Vehicle Act as obligation of a child to maintain their parent …

Jurisdiction assumed u/s 148 on borrowed satisfaction without any live link between information and material on record – Supreme Court declined to entertain Department  In a recent judgment, Hon’ble Supreme Court declined to interfere with High Court order quashing notice under section 148 when Assessing Officer assumed jurisdiction …

NCLAT do not have power to condone the delay beyond the prescribed and condonable period under the IBC – Supreme Court In a recent judgment, Hon’ble Supreme Court held that under IBC 2016 once the prescribed and condonable periods (i.e., 30 + 15 days grace) expire, the NCLAT …

After a full and final discharge, if claim to arbitration is sustainable or not is clearly within the domain of the arbitral tribunal.  In a recent judgment, Hon’ble Supreme Court has held that notwithstanding receipt against the claim by the insured after giving a full and final discharge …