Corporate Archives - Page 25 of 27 - Supreme Court of India Judgements

February 23, 2025 8:11 am

Corporate

Central Excise Tariff Act, 1985 – Chapter 30 of Schedule (2) – Excise duty – Prior to adjudicating upon whether a product is a medicament or not, Courts have to see what people who actually use the product understand the product to be – If a product’s primary function is “care” and not “cure”, it is not a medicament.

Apr 23, 2017 sclaw

(2013) 9 AD 37 : AIR 2013 SC 2983 : (2013) 199 ECR 137 : (2013) 295 ELT 3 : (2013) 42 GST 21 : (2013) 22 GSTR 161 :…

Corporate

Auction sale—The obligation of the purchaser to deposit the full purchase money within time is a mandatory requirement.

Apr 20, 2017 sclaw

2007(3) LAW HERALD (SC) 2007 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 6760-6761…

Corporate

Public Interest Litigation is not maintainable to probe or enquire into the returns or another taxpayer except in special circumstances.

Apr 20, 2017 sclaw

2007(3) LAW HERALD (SC) 1944 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. A.R. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Civil Appeal No. 633 of…

Corporate

Passing off—In the case of a passing off action the similarities rather than the dissimilarities have to be taken note of by the Court and the principle of phonetic “similarity” cannot be ignored.

Apr 19, 2017 sclaw

2007(2) LAW HERALD (SC) 1898 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.P. Singh The Hon’ble Mr. Justice H.S. Bedi Civil Appeal No.…

Corporate

Allotment of petrol pump—Preference to be given to candidate belonging to the district in which the proposed dealership is advertised.

Apr 19, 2017 sclaw

2007(2) LAW HERALD (SC) 1896 IN THE SUPREME COURT OF INDIA Before The Honb’le Mr. Justiec S. B. Sinha The Honb’le Mr. Justiec Markandey Katju Civil Appeal No. 7215 of…

Corporate

Interpretation of Statutes – Fiscal statute – Liberal interpretation – Subsidies granted by Government as incentive – The amount of subsidies should not be included in actual cost which expression should liberally be construed.

Apr 19, 2017 sclaw

AIR 1994 SC 2727 : (1994) 121 CTR 201 : (1994) 210 ITR 830 : (1994) 6 JT 330 : (1994) 4 SCALE 337 : (1994) 3 SCC 535…

Corporate

Income Tax Act, 1963 – Section – 256(2) – Investment – Whether on the facts and in the circumstances of the case and in law the Tribunal was justified in holding that the purchase and sales by the assessee of shares in the National Rayon Corporation Ltd. and the Kohinoor Mills Ltd. should be considered as regular dealings

Apr 19, 2017 sclaw

(1998) 9 JT 275 : (1997) 11 SCC 557 SUPREME COURT OF INDIA COMMISSIONER OF INCOME TAX (CENTRAL) BOMBAY — Appellant Vs. MAGANLAL CHHAGANLAL (P) LTD. — Respondent ( Before…

Corporate

Misuse of the power – Whether two persons are guilty of deliberate and/or intentional misuse/abuse of their power in the matter of the New Bank of India extending bank guarantees to and on behalf of Skipper group of companies and what loss, if any, have they caused to the bank on that account

Apr 19, 2017 sclaw

(1997) 2 JT 426 : (1997) 2 SCALE 9 : (1997) 1 SCALE 532 : (1997) 11 SCC 430 SUPREME COURT OF INDIA DELHI DEVELOPMENT AUTHORITY — Appellant Vs. SKIPPER…

Corporate

Central Excise Rules, 1944 – Rule 9, 9(1), 49 – Payment of duty – The duty was payable when the single ply yarn was manufactured

Apr 19, 2017 sclaw

(1996) 9 AD 561 : (1997) 68 ECR 5 : (1996) 88 ELT 645 : (1996) 11 JT 729 : (1996) 8 SCALE 586 : (1996) 11 SCC 55 :…

Corporate

Medical Negligence—Services rendered by ESI hospital dispensary falls within ambit of ‘Services’ as defined in the Consumer Protection Act and therefore Consumer forum has jurisdiction to adjudicate the matter relating there to. Services— There is a distinction between a ‘contract of service’ and a ‘contract for service’

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1696 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.N. Agrawal The Hon’ble Mr. Justice P.P. Naolekar The Hon’ble Mr. Justice Dalveer Bhandari…

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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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