Corporate Archives - Page 23 of 27 - Supreme Court of India Judgements

February 23, 2025 8:08 pm

Auction Sale-Confirmation of Sale-Once the auction sale is confirmed by the Competent Authority, it is not open to the Authority to exercise power under relevant rule, to set aside the sale

Jun 3, 2017 sclaw

2016(5) Law Herald (P&H) 3782 (SC) : 2016 LawHerald.Org 2058 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Anil R. Dave The Hon’ble Mr. Justice A.M. Khanwilkar…

Corporate

Securities Contracts (Regulation) Act, 1956 – Section 9 – Stock Exchange Rules and Bye-laws – Arbitration – Distinction between two sets of arbitration, i.e., one between member and a non-member and another between two members – Explained.

May 28, 2017 sclaw

AIR 2004 SC 55 : (2004) 1 BC 351 : (2003) 117 CompCas 595 : (2004) 1 CompLJ 1 : (2003) 185 CTR 36 : (2003) 8 JT 365…

Corporate

Advocates—Disposal of Complaint—After transfer of a disciplinary proceedings to Bar Council of India from the State Bar Council after one year of filing complaint; BCI cannot sent it back to the State Bar Council with the direction to decide the controversy within stipulated time.

May 17, 2017 sclaw

2017(2) Law Herald (P&H) 929 (SC) : 2017 LawHerald.Org 829 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice A.M. Khanwilkar Civil…

Corporate

Advocates Act, 1961 – Section 35 – Professional Misconduct – Retention of file on account of non-payment of fee by client – Dispute regarding – Payment of fee

May 14, 2017 sclaw

AIR 2004 SC 311 : (2004) 120 CompCas 284 : (2003) 4 CTC 799 : (2004) 102 FLR 99 : (2004) 136 PLR 650 : (2003) 9 SCALE 531…

Civil Cases Corporate

Telecom Regulatory Authority of India Act, 1997 – Section – 11, 36 – Introduction of New Telecommunication Policy – Whether appellant is liable to pay Access Deficit Charges to BSNL for the period commencing from 14.11.2004 to 26.8.2005 in respect of its service provided under its brand name “WALKY”

May 10, 2017 sclaw

(2008) 2 CompLJ 405 : (2008) 5 JT 657 : (2008) 6 SCALE 523 : (2008) 10 SCC 556 SUPREME COURT OF INDIA TATA TELESERVICES LTD. — Appellant Vs.…

Corporate

Contract Act, 1872 – Section 126 – Bank guarantee – Enforcement of – Works contract – Bank guarantee has to be read in conjunction with terms of contract – Failure to furnish extended terms of bank guarantee – State not obliged to file suit for a specific performance requiring contractor to furnish guarantee

May 9, 2017 sclaw

AIR 1999 SC 3466 : (2000) 10 SCC 503 : (1999) AIRSCW 3452 SUPREME COURT OF INDIA MAKHARIA BROTHERS — Appellant Vs. STATE OF NAGALAND AND OTHERS — Respondent…

Corporate

A lawyer, no doubt has a duty towards his client to do his best in his interest but within the parameters of law – He at the same time is equally responsible to assist the court fairly on the exact and latest position of law to his knowledge – His right to debate in the court is no licence to sidetrack the issue and mislead or pressurise the court to act in a particular manner – If he does so, it amounts of his misconduct attracting the wrath of disciplinary provisions of the Advocates Act.

May 6, 2017 sclaw

AIR 2001 SC 457 : (2000) 3 JT 505 Supp : (2000) 8 SCALE 76 : (2001) 2 SCC 221 : (2000) 5 SCR 345 Supp : (2001) 1…

Corporate

Recovery of dues—Possession of mortgaged properties—Interim stay against possession with payment stipulation—Condition not fulfilled—High Court was right in dismissing the writ in limine.

May 5, 2017 sclaw

2007(3) LAW HERALD (SC) 2600 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Altamas Kabir Civil Appeal No. 3827 of 2007…

Corporate

Income Tax Act, 1961 – Section 275(1), 275(1)(a) -Period of limitation – Whether on the facts and in the circumstances of the case the Income- Tax Appellate Tribunal failed to appreciate that the period of limitation in the instant case is governed by the provisions of Section 275(1) as the penalty was initiated in the assessment order itself and the penalty order was issued within time in accordance with the provisions of Section 275(1)(a) of the Income- Tax Act, 1961

Apr 30, 2017 sclaw

(2013) 217 TAXMAN 400 SUPREME COURT OF INDIA COMMISSIONER OF INCOME TAX — Appellant Vs. KEDIA POWER LTD. — Respondent ( Before : H.L. Dattu, J; Dipak Misra, J…

Corporate

The seats having been moulded for use as parts of these motor vehicles, the entry that more specifically applied was Tariff Item 34-A – Appeal dismissed.

Apr 30, 2017 sclaw

(1997) 91 ELT 265 : (1998) 8 SCC 370 SUPREME COURT OF INDIA M.M. RUBBER CO. LTD. — Appellant Vs. COLLECTOR OF CENTRAL EXCISE, MADRAS — Respondent ( Before…

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C P C

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Feb 16, 2025 sclaw

Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Feb 16, 2025 sclaw

Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw

Child Custody

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Feb 9, 2025 sclaw

Category: Corporate

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