Corporate Archives - Page 24 of 27 - Supreme Court of India Judgements

February 23, 2025 2:25 pm

Recovery of Loan–Stock pledged with Bank–Stock sold for recovery of loan–Claim of workmen and suppliers–In absence of liquidation they are unsecured creditors and their rights cannot prevail over the rights of the pawnee/Bank of the goods.

Apr 29, 2017 sclaw

2007(3) LAW HERALD (SC) 2463 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 3499-3500 of…

Corporate

Preventive Detention–Once it is found that the detention order contains many grounds, even if one of them is to be rejected, principle of segregation contained in Section 5A gets attracted—Grounds are referred to as ‘materials on which the order of detention is primarily based’-

Apr 27, 2017 sclaw

2017(1) Law Herald (SC) 133 : 2017 LawHerald.Org 512 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’ble Mr. Justice Abhay Manohar Sapre …

Corporate

Central Excise Tariff – Item 26AA(ia), 25(8) – Classification of elastic rail clips – Learned Counsel for the appellant that a Special Bench of five members of Central Excise and Gold (Control) Appellate Tribunal has considered the same question and taken the view in favour of the assessee that elastic rail clips are classifiable under Item 26AA(ia)/25(8)

Apr 27, 2017 sclaw

(1998) 77 ECR 439 : (1997) 92 ELT 5 : (1998) 4 JT 439 : (1997) 8 SCC 483 SUPREME COURT OF INDIA VEE KAY INDUSTRIES — Appellant Vs.…

Corporate

Refund of amount then they should produce the relevant records, duly certified by a competent authority which is acceptable in a Court of law, indicating the sources from which they got the money for repayment

Apr 27, 2017 sclaw

(2014) 2 SCALE 569 SUPREME COURT OF INDIA v S.E.B.I. — Appellant Vs. SAHARA INDIA REAL. ESTATE CORPN. LTD. AND OTHERS — Respondent ( Before : K.S. Panicker Radhakrishnan,…

Corporate

There is no element of compensation involved and, therefore, the High Court was right in the view that it took, namely, that the assessee was not entitled to a deduction under Section 37(1) of the Income-tax Act in respect of the amounts that it had been required to pay under the provisions of Section 17(3) – Appeals allowed.

Apr 24, 2017 sclaw

(1997) 142 CTR 137 : (1997) 225 ITR 383 : (1997) 10 SCC 659 : (1997) 105 STC 188 SUPREME COURT OF INDIA MALWA VANASPATI AND CHEMICAL CO. —…

Corporate

The appropriate course for the appellant, if it is so advised, is to file a refund application under Section 11B according to law within sixty days provided the writ petition was filed within six months of the date of payment of duty by the first appellant – Appeal disposed of.

Apr 24, 2017 sclaw

(1997) 96 ELT 11 : (1997) 10 SCC 662 SUPREME COURT OF INDIA RAJKOT FINE CHEMICALS (P) LTD. — Appellant Vs. UNION OF INDIA (UOI) AND OTHERS — Respondent…

Corporate

Adulteration–Second analysis of sample—Cost to be borne by the accused.

Apr 24, 2017 sclaw

2007(3) LAW HERALD (SC) 2352 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No. 38…

Corporate

Deficiency in Service–Acquired land allotted could not possessed due to litigation pending with the meanwhile landowner–Compensation awarded.

Apr 23, 2017 sclaw

2007(3) LAW HERALD (SC) 2277 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P.K. Balasubramaniyan The Hon’ble Mr. Justice D.K.…

Corporate

Words and phrases – Proceedings – Includes proceedings at appellate stage – The legal pursuit of a remedy, suit appeal and second appeal are really steps in a series of proceedings all connected by an intrinsic unity and are to be regarded as one legal proceeding.

Apr 23, 2017 sclaw

AIR 1999 SC 999 : (1999) 152 CTR 172 : (1999) 111 ELT 4 : (1999) 236 ITR 691 : (1999) 1 JT 481 : (1999) 1 SCALE 485 :…

Corporate

Income Tax Act, 161 – Section 271(1) (c) – Tax evasion – Penalty – Human error by Chartered Accountant firm – Penalty cannot be imposed.

Apr 23, 2017 sclaw

(2012) 253 CTR 1 : (2012) 348 ITR 306 : (2012) 10 JT 523 : (2012) 9 SCALE 484 : (2012) 11 SCC 316 : (2012) 211 TAXMAN 40 SUPREME…

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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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