Category: Corporate

HELD “sample being sent and tested 8 months beyond the shelf life of the product in this case. It is thus clear that the valuable right granted by Section 25 of the Drugs and Cosmetics Act kicks in on the facts of this case, which would necessarily render any penalty based upon the said analysis of the sample as void.”

A valuable right is granted to a person who is sought to be penalized under these Acts to have a sample tested by the Government Analyst that is found against…

“The owner is liable to pay charges after the goods have been taken charge by port and receipt issued to vessel owner. when the Port Trust takes charge of the good ” The point of time at which title to the goods passes to the consignee is not relevant to determine the liability of the consignee or steamer agent in respect of charges of the Port Trust” ” it would be the duty of the Port Trust to destuff every container that is entrusted to it, and return destuffed containers to any such person within as short a period as is feasible in cases where the owner/person entitled to the goods does not come forward to take delivery of the goods and destuff such containers. 

  SUPREME COURT OF INDIA FULL BENCH THE CHAIRMAN, BOARD OF TRUSTEES, COCHIN PORT TRUST — Appellant Vs. M/S AREBEE STAR MARITIME AGENCIES PVT. LTD. AND OTHERS — Respondent (…

Foreign Exchange Regulation Act, 1973 – Sections 8(3), 8(4) and 68 – Imposition of penalty – Plea of the appellant that he was part-time, non-executive Director not in charge of the conduct of business of the Company at the relevant time was erroneously discarded by the authorities and the High Court HELD present is a case where the liability has been fastened on the appellant without there being necessary basis for any such conclusion.

  SUPREME COURT OF INDIA DIVISION BENCH SHAILENDRA SWARUP — Appellant Vs. THE DEPUTY DIRECTOR, ENFORCEMENT DIRECTORATE — Respondent ( Before : Ashok Bhushan and R. Subhash Reddy, JJ. )…

Copyright Law–Dramatic work–Provisions of the Act make a distinction between the ‘literary work’ and ‘dramatic work’–Copyright in respect of performance of ‘dance’ would not come within the purview of the literary work but would come within the purview of the definition of ‘dramatic work’–Copyright Act, 1957, Section 2(h) and

2009(2) LAW HERALD (SC) 1000 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Lokeshwar Singh Panta The Hon’ble Mr. Justice B.Sudershan…

Companies Act, 2013 – Sections 397 and 398 – Inheritance of shares – Jurisdiction – Dispute as to inheritance of shares is eminently a civil dispute and cannot be said to be a dispute as regards oppression and/or mismanagement so as to attract Company Court’s jurisdiction under sections 397 and 398

  SUPREME COURT OF INDIA DIVISION BENCH ARUNA OSWAL — Appellant Vs. PANKAJ OSWAL AND OTHERS — Respondent ( Before : Arun Mishra and S. Abdul Nazeer, JJ. ) Civil…

Partnership Act, 1932 – Sections 37 and 48 – Distinction between ‘retirement of a partner’ and ‘dissolution of a partnership firm’ – On retirement of the partner, the reconstituted firm continues and the retiring partner is to be paid his dues in terms of Section 37 of the Partnership Act. In case of dissolution, accounts have to be settled and distributed as per the mode prescribed in Section 48 of the Partnership Act.

SUPREME COURT OF INDIA FULL BENCH GURU NANAK INDUSTRIES, FARIDABAD AND ANOTHER — Appellant Vs. AMAR SINGH (DEAD) THROUGH LRS — Respondent ( Before : N.V. Ramana, Sanjiv Khanna and…

SC Allows ED to Attach Assets Of JP Morgan And Its Directors To The Extent Of Amounts Allegedly Diverted From Amrapali Homebuyers HELD We lift the embargo created vide order dated 2nd December, 2019 not to attach the property of J.P. Morgan and its Directors. We permit the Enforcement Directorate to attach the Bank Accounts of J. P. Morgan as well as any other property belonging to J.P. Morgan and its Directors to the extent required”

SC Allows ED to Attach Assets Of JP Morgan And Its Directors To The Extent Of Amounts Allegedly Diverted From Amrapali Homebuyers [Read Order] LIVELAW NEWS NETWORK 23 May 2020…

Andhra Pradesh Value Added Tax Act, 2005 – Section 31 – Constitution of India, 1950 – Article 226 – Assessment order – It is well settled that rejection of delay application by the appellate forum does not entail in merger of the assessment order with that order – Appeal allowed.  

  SUPREME COURT OF INDIA DIVISION BENCH ASSISTANT COMMISSIONER (CT) LTU, KAKINADA AND OTHERS — Appellant Vs. M/S. GLAXO SMITH KLINE CONSUMER HEALTH CARE LIMITED — Respondent ( Before :…