Category: Supreme Court

Supreme Court dismissed SLP against addition made u/s 68 instead of section 41(1) as where genuineness of the loan transaction was doubted, there can not be any remission of liability. Supreme Court dismissed SLP against judgment of Delhi High Court confirming addition u/s 68 and holding that where …

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 …