Constitution Bench : SARFEASI Act Applicable To Cooperative Banks : SC HELD “The cooperative banks under the State legislation and multi State cooperative banks are ‘banks’ under section 2(1)(c) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002”, 2003 notification issued under the Banking Regulation Act 1949 by which cooperative bank was brought within the class of banks entitled to seek recourse to the provisions of the SARFAESI Act, VALID. Decided/May 05, 2020
SARFEASI Act Applicable To Cooperative Banks : SC LIVELAW NEWS NETWORK 5 May 2020 3:58 PM The Supreme Court has held that the Secularization and Reconstruction of Financial Assets and Enforcement…
Central Excise Act, 1944 – Sections 17 and 38A – Central Excise Rules, 1944 – Rule 25 – First Schedule to the Central Excise Tariff Act, 1985 – Chapters 57 and 87 – Tariff entry – Whether “car matting” would come within Chapter 57 of the First Schedule to the Central Excise Tariff Act, 1985 under the heading “Carpets and Other Textile Floor Coverings” or they would be classified under Chapter 87 thereof, which relates to “Vehicles other than Railway or Tramway Rolling-Stock and Parts and Accessories Thereof” Held:- Subject-goods come under the chapter-heading 570390.90, There is no necessity to import the “common parlance” test or any other similar device of construction for identifying the position of these goods against the relevant tariff entries – Appeal dismissed
SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER OF CENTRAL EXCISE, DELHI-III — Appellant Vs. M/S. UNI PRODUCTS INDIA LIMITED — Respondent ( Before : Deepak Gupta and Aniruddha Bose,…
Tax Authorities Can’t Give Their Own Interpretations To Legislative Provisions On Perception Of Trade Practices : SC HELD There is no concept of ‘constructive delivery’ of goods under the Central Sales Tax Act, 1956, and inter-state movement of goods will terminate only when physical delivery is taken.
SUPREME COURT OF INDIA DIVISION BENCH COMMERCIAL TAXES OFFICER — Appellant Vs. M/S. BOMBAY MACHINERY STORE — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Civil…
Supreme Court Allows Parents Having Visitation Rights To Maintain Contact With Children Via Electronic Means HELD all the parents having visitation rights can now avail electronic visitations via Video Calls etc. instead of Physical Visitations during this period.
Supreme Court Allows Parents Having Visitation Rights To Maintain Contact With Children Via Electronic Means [Read Order] Akshita Saxena 30 April 2020 5:52 PM Keeping in view the inability of…
Income Tax Act, 1961 – Section 194E – Payments made to the Non-Resident Sports Associations in the present case represented their income which accrued or arose or was deemed to have accrued or arisen in India. Consequently, the Appellant was liable to deduct Tax at Source in terms of Section 194E of the Act. Decided on : 29-04-2020
SUPREME COURT OF INDIA DIVISION BENCH PILCOM — Appellant Vs. C.I.T. WEST BENGAL-VII — Respondent ( Before : Uday Umesh Lalit and Vineet Saran, JJ. ) Civil Appeal No.…
Payment of Gratuity Act, 1972 – Sections 4(2), 4(3), 4(5) and 7 – Calculation of amount of gratuity – In case of such an employee the gratuity has to be calculated in accordance with the provisions of the Act and while so calculating, not only the basic principle available in Section 4(2) as to how the gratuity is to be calculated must be applied but also the ceiling which is part of Section 4(3) must also apply . Decided on : 29-04-2020
SUPREME COURT OF INDIA DIVISION BENCH BCH ELECTRIC LIMITED — Appellant Vs. PRADEEP MEHRA — Respondent ( Before : Uday Umesh Lalit and Sanjiv Khanna, JJ. ) Civil Appeal…
Protection of Women from Domestic Violence Act, 2005 – Section 12 – Right of residence – Alternative accommodation – Under the Protection of Women from Domestic Violence Act, 2005 the appellant would certainly be entitled to a shared residence being her matrimonial home or in lieu thereof her husband to provide her with a suitable reasonable accommodation in accordance with law -Decided on : 29-04-2020
SUPREME COURT OF INDIA FULL BENCH NEELAM GUPTA — Appellant Vs. MAHIPAL SHARAN GUPTA AND ANOTHER — Respondent ( Before : Uday Umesh Lalit, Indu Malhotra and Krishna Murari,…
SC Upholds NEET; Says Uniform Exam For Admission In Medical & Dental Courses Does Not Violate Minority Rights . Held that prescribing a uniform examination of NEET for admissions in medical & dental courses did not violate rights of unaided/aided minority institutions under Articles 19(1) (g) & 30 read with 25, 26 & 29(1) of Constitution. D/APRIL 29, 2020.
SC Upholds NEET; Says Uniform Exam For Admission In Medical & Dental Courses Does Not Violate Minority Rights [Read Judgment] LIVELAW NEWS NETWORK 29 April 2020 2:59 PM In a…
Non-Participation In Arbitral Proceedings Results In Waiver Of Right To Raise Objections On Jurisdiction After Award : SC HELD hat the specification of a “Venue” or “Place” of arbitration may not hold much significance in domestic arbitrations as against international commercial arbitrations due to the uniform applicability of the substantive & curial law.D/April 29, 2020.
Non-Participation In Arbitral Proceedings Results In Waiver Of Right To Raise Objections On Jurisdiction After Award : SC [Read Judgment] Sanya Talwar 29 April 2020 6:49 PM Court also pointed…
Service As Additional Judge On Ad-Hoc Promotion Will Not Count For Seniority Of District Judge : SC HELD The reckonable date has to be the date when substantive appointment is made and not from the date of the initial ad-hoc appointment or promotion, Court held. D/April 29, 2020.
Service As Additional Judge On Ad-Hoc Promotion Will Not Count For Seniority Of District Judge : SC [Read Judgment] LIVELAW NEWS NETWORK 29 April 2020 7:54 PM The reckonable date…