Category: Corporate

Royalty – Benefit or privilege – Expression ‘Royalty’ has consistently been construed to be compensation paid for rights and privileges enjoyed by the grantee and normally has its genesis in the agreement entered into between the grantor and the grantee-Controlled release of water made available to INDSIL and CUMI, has always gone a long way in helping them in generation of electricity – For such benefit or privilege conferred upon them, the Agreements arrived at between the parties contemplated payment of charges for such conferral of advantage – Such charges were perfectly justified.

SUPREME COURT OF INDIA DIVISION BENCH M/S. INDSIL HYDRO POWER AND MANGANESE LIMITED — Appellant Vs. STATE OF KERALA AND OTHERS — Respondent ( Before : Uday Umesh Lalit and…

Tender – Supply of E-learning Kits to 22 Zilla Parishad Schools in Maharashtra – Upgradation of software and training could not be performed – Recovery proceedings – Challenged – Appellant shall undertake the upgrading of software as agreed under the contract and also impart training to the teachers

SUPREME COURT OF INDIA DIVISION BENCH MULTITASK SOLUTIONS — Appellant Vs. ZILLA PARISHAD WASHIM AND OTHERS — Respondent ( Before : Hemant Gupta and A.S. Bopanna, JJ. ) Civil Appeal…

Building and Other Construction Workers Welfare Cess Act, 1996 – HELD There is no legal infirmity in the finding of the High Court that UPPTCL acted in excess of power by its acts impugned, when there was admittedly no assessment or levy of cess under the Cess Act

SUPREME COURT OF INDIA DIVISION BENCH UTTAR PRADESH POWER TRANSMISSION CORPORATION LIMITED AND ANOTHER — Appellant Vs. CG POWER AND INDUSTRIAL SOLUTIONS LIMITED AND ANOTHER — Respondent ( Before :…

Tender Call Notice-A reading of Section 4 would show that the registration of an establishment under the Orissa Act is to categorise the establishment as a shop, commercial establishment, hotel, etc. and not for the purpose of issuing a labour licence which, in the context of the present Tender Call Notice, can only be a labour licence under the Contract Labour Act

SUPREME COURT OF INDIA DIVISION BENCH M/S UTKAL SUPPLIERS — Appellant Vs. M/S MAA KANAK DURGA ENTERPRISES AND OTHERS — Respondent ( Before : Rohinton Fali Nariman and B.R. Gavai,…

I B C, 2016 – S 14 – For the period of moratorium, since no Section 138/141 (NIA) proceeding can continue or be initiated against the corporate debtor because of a statutory bar, such proceedings can be initiated or continued against the persons mentioned in Section 141(1) and (2) of the Negotiable Instruments Act

SUPREME COURT OF INDIA FULL BENCH P. MOHANRAJ AND OTHERS — Appellant Vs. M/S. SHAH BROTHERS ISPAT PRIVATE LIMITED — Respondent ( Before : Rohinton Fali Nariman, Navin Sinha and…

It is settled law that a secured creditor stands outside the winding up and can realise its security dehors winding up proceedings.-Winding up proceedings – A petition either under Section 7 or Section 9 of the IBC is an independent proceeding which is unaffected by winding up proceedings that may be filed qua the same company

SUPREME COURT OF INDIA DIVISION BENCH A. NAVINCHANDRA STEELS PRIVATE LIMITED — Appellant Vs. SREI EQUIPMENT FINANCE LIMITED AND OTHERS — Respondent ( Before : Rohinton Fali Nariman and B.R.…

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