Supreme Court of India Judgements

46448 Judgements hosted as on 05/05/2024 - Search (FREE), Subscribe, Read & Download

Category: Corporate

Corporate G S T

Airports Authority of India Act, 1994 – Section 22A – User development fee collected by the airport operation, maintenance and development entities (i.e., the Mumbai International Airport Pvt. Ltd., the Delhi International Airport Pvt. Ltd., and the Hyderabad International Airport Pvt. Ltd.) is not subjected to service tax levy, under the provisions of the Finance Act, 1994.

Jun 11, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL GST DELHI – III — Appellant Vs. DELHI INTERNATIONAL AIRPORT LTD — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ.…

Constitution Corporate Housing

IMPORTANT – Allotment of Plot – Demand of additional price – Non-construction of plot within a period – Additional amount sought not be recovered at the stage of issuance of notice. HELD Even that amount also needs to be calculated and recovered from the guilty officers who, despite there being judgment of this Court, dealing with the same issue opined the case to be fit for filing appeals. burden the Appellants with cost of Rs. 1,00,000/- to be deposited with the Supreme Court Mediation Centre.

May 9, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARYANA URBAN DEVELOPMENT AUTHORITY AND ANOTHER — Appellant Vs. JAGDEEP SINGH — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,JJ. ) Civil…

2013 Corporate I P C

UOI directing to Serious Fraud Investigation Office (SFIO) against respondents – protection sought u/section 140(5) Companies Act being ultra vires – HELD application/proceedings under section 140(5) of the Companies Act, 2013 are maintainable even after the resignation of the concerned auditors – Appeal accepted against Deloitte Haskins & Sells LLP

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. DELOITTE HASKINS AND SELLS LLP AND ANOTHER — Respondent ( Before : M.R. Shah and M.M.…

Corporate G S T

Service Tax (Determination of Value) Rules, 2006 – Rule 2A – the determination of value of service portion in the execution of the works contract is to be made as per Rule 2A, however with an option to the assessee to avail the benefit of Composition Scheme – Therefore, either the assessee has to go for Composition Scheme or go for Determination of Value as per Rule 2A and the assessee has to pay service tax on the service element and can claim CENVAT Credit on the said amount only.

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CC AND CE AND ST, NOIDA — Appellant Vs. M/S INTERARCH BUILDING PRODUCTS PVT. LTD. — Respondent ( Before : M. R. Shah and…

Corporate Stamp Act

HELD in the nature of the transaction, and what was actually sold by the Official Liquidator, plant and machinery, such as would answer the description of immovable property, must also be found part of the property for the purpose of the stamp duty and other charges as per law.

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE SUB REGISTRAR, AMUDALAVALASA AND ANOTHER — Appellant Vs. M/S DANKUNI STEELS LTD. AND OTHERS — Respondent ( Before : K.M. Joseph and Hrishikesh…

Corporate Property Matters

Rajasthan Industrial Areas Allotment Rules, 1959 – Rules 11A and 12 – Allotment of industrial land – There has been an uninterrupted and subsisting relationship of lessor and lessee between the State Government and either J.K. Synthetics Ltd. (JKSL) or Respondent No. 1, in the context of LIA, Kota. From the first lease deed executed in 1967, till date, the State Government has maintained the position of lessor

Apr 24, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BISHAMBHAR PRASAD — Appellant Vs. M/S ARFAT PETROCHEMICALS PVT. LTD. AND OTHERS — Respondent ( Before : Surya Kant and Vikram Nath, JJ. )…

Corporate Electricity Act

Power Purchase Agreement – the finding of the CERC and the learned APTEL is to the effect that Adani Power Mundra Limited would not be entitled to any benefit of Change in Law beyond 70% of the installed capacity i.e. 1386 MW – Findings cannot be said to not be based on the material on record, or based on extraneous considerations.

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UTTAR HARYANA BIJLI VITRAN NIGAM LTD. AND ANOTHER — Appellant Vs. ADANI POWER (MUNDRA) LIMITED AND OTHERS — Respondent ( Before : B.R. Gavai…

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I P C

Penal Code, 1860 (IPC) – Sections 120-B read with Section 420 – Cheating – The case involves fraudulent transactions by accused in connivance with Indian Bank officials resulting in interest-free advances to the petitioners – The main issue is whether the petitioners were involved in cheating the bank and if they availed any undue benefit from the fraudulent transactions – The petitioners argued that they were not involved in the cheating, had not availed any undue benefit, and that the transactions were normal business dealings – The court dismissed the Special Leave Petitions, upholding the Trial Court’s conviction of the petitioners for cheating the bank through unauthorized transactions.

May 5, 2024 sclaw
Limitation

Limitation Act, 1963 – Section 5 – Condonation of Delay – Delay of 1663 days – The State of U.P. filed a SLP against an order dated 13.11.2009 by the Allahabad High Court, with a delay of 1,633 days – The main issue was the condonation of the significant delay in filing the SLP – The State argued that the delay was due to the time taken for obtaining legal opinion and permissions, and later, the realization that the appeal was not filed initially – The application for condonation of delay was dismissed, and consequently, the SLP was also dismissed – The court found the explanation for the delay unsatisfactory, especially since the State was aware of the High Court’s order when it was passed – The court did not find sufficient cause to condone the delay, leading to the dismissal of the SLP.

May 5, 2024 sclaw
Property Matters

Partition Suit – The dispute involves partition of properties left by Late ‘R’ with the main contention over roof rights of a property in Kota and another in Jaipur – The primary issue is the valuation of roof rights for further construction and the equal distribution of property among co-sharers – The appellants argue that the valuation report failed to assess the value of roof rights, which would affect the overall property valuation and entitlement of co-sharers – The respondents maintain that the property valuation and shares were appropriately determined by the approved Valuer and upheld by both the Trial Court and High Court – The Supreme Court dismissed the appeal, finding no merit in revaluating the property or altering the determined shares of the parties – The Court emphasized the importance of family ties over property disputes and suggested alternative dispute resolution methods for amicable settlements – The Court referenced the case of Afcons Infrastructure Limited vs. Cherian Varkey Construction Company Private Limited, advocating for ADR in family-related property disputes – The Supreme Court concluded that revisiting the valuation and partition would only prolong litigation and upheld the decisions of the lower courts.

May 5, 2024 sclaw
Constitution Municipal Laws

West Bengal Municipal(Building) Rules, 2007 – Rule 50 – Open spaces for building in areas other than municipalities in hill areas – The appellants challenge the High Court of Calcutta’s order regarding a contempt petition related to their residential property construction and its compliance with Rule 50 of Rules, 2007 – The appellants argue that the writ petition was a private matter and should not have been entertained by the High Court – They also claim that municipal authorities are unfairly pressuring them due to the contempt proceedings – The respondent claims that the appellants violated the sanctioned building plan, justifying the High Court’s direction for an enquiry – The Supreme Court allowed the appellants to challenge the enquiry report and show cause notice, ensuring their objections would be considered objectively without prejudice from the contempt or writ proceedings – The court expressed reservations about the High Court’s exercise of writ jurisdiction in a private dispute and suggested the civil court as the appropriate forum for grievances – The appeal was disposed of with the appellants given the liberty to challenge the enquiry report and show cause notice, without cost order.

May 5, 2024 sclaw