Supreme Court

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Supreme Court Dismisses Appeal Against NCDRC Order Holding Interim Moratorium Under IBC Section 96 Does Not Stay Execution of Penalty Orders Under Consumer Protection Act. Consumer Penalties Are Not 'Debt' Under IBC and Execution Proceedings Under Section 27 CP Act Are Criminal in Nature, Not Civil Recovery....

The present appeal was filed against the final judgment and order passed by the National Consumer Disputes Redressal Commission (NCDRC), wherein multiple penalties (27 in total) were imposed on the ap...

Supreme Court

Supreme Court Allows Appeal of University Employee for Inclusion in Pension Scheme — Default Scheme Applies When No Option for Contributory Provident Fund is Exercised. The Court held that under University Statute Chapter 16.1(b)(i) and Office Order Clause IV, an employee who does not opt for Contributory Provident Fund is automatically entitled to the General Provident Fund-cum-pension-cum-gratuity scheme....

The appellant was appointed as Junior Scientist cum Assistant Professor by the respondent-University in 1987. At the time of his appointment, the University was governed by the Rajendra Agricultural U...

Supreme Court

Supreme Court Dismisses Appeal of Accused in Cheque Dishonour Case — Upholds Conviction Under Section 138 NI Act for Security Deposit Refund. Cheques Issued for Refund of Security Deposit Under Lease Agreement Constitute Legally Enforceable Debt; Compensation Enhanced to Full Deposit Amount....

The case arises from a lease-cum-rent agreement dated 12th May 2014 between the appellant-accused (landlord) and the respondent-complainant (tenant) for Flat No. 206 in Bangalore. The complainant paid...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Non-Executive Directors in Cheque Dishonour Case — Mere Designation as Director Insufficient for Vicarious Liability Under Section 141 NI Act. The Court held that non-executive directors cannot be prosecuted under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 without specific allegations of their involvement in the company's financial affairs....

The Supreme Court allowed the appeals filed by K.S. Mehta and Basant Kumar Goswami, non-executive directors of M/s Blue Coast Hotels & Resorts Ltd., against the judgment of the Delhi High Court wh...

Supreme Court

Supreme Court Partly Allows Appeal in Specific Performance Suit — Distinguishes Between Condonation of Delay and Setting Aside Ex-Parte Decree. High Court Exceeded Jurisdiction by Setting Aside Ex-Parte Decree When Only Revision Against Condonation Order Was Filed....

The case arises from a suit for specific performance of an agreement for sale filed by the appellants (plaintiffs) against the respondents (defendants). The appellants alleged that the respondents exe...

Supreme Court

Supreme Court Allows State's Appeals in VAT Input Tax Credit Dispute — Rule 21(8) of Punjab VAT Rules Valid Despite Absence of Specific Enabling Provision in Parent Act at Time of Introduction. Input Tax Credit is a Facility, Not a Vested Right; State Can Restrict ITC on Stock-in-Trade to Reduced Tax Rate....

The Supreme Court considered appeals by the State of Punjab against a High Court judgment that had struck down Rule 21(8) of the Punjab Value Added Tax Rules, 2005 as ultra vires. The rule was introdu...

Supreme Court

Supreme Court Partially Allows Appeal in Income Tax Penalty Case — Compliance with Section 271AAA(2) Conditions is Mandatory but Penalty Must Be Proportionate to Undisclosed Income. The Court held that penalty under Section 271AAA(1) is computed at 10% of undisclosed income, not entire returned income, and part compliance with condition (iii) warrants proportionate reduction....

The appeal arose from a penalty order under Section 271AAA of the Income Tax Act, 1961, for Assessment Year 2011-2012. The appellant, K. Krishnamurthy, was involved in land procurement and during a se...

Supreme Court

Interpretation Of Manufacturing Process Under Factories Act, 1948 – Business Of Laundry Held To Constitute Manufacturing Process – Premises Deemed A Factory – Order Issuing Process Restored....

a. Definition of manufacturing process under Section 2(k) includes washing and cleaning for delivery and use – Laundry service falls squarely within this definition. b. Premises employing more than ...

Supreme Court

Supreme Court Cancels Bail of Father-in-Law and Mother-in-Law in Dowry Death Case, Upholds Bail of Sisters-in-Law. High Court's mechanical grant of bail set aside for principal accused in dowry death under Sections 498A, 304B IPC and Sections 3, 4 Dowry Prohibition Act, 1961....

The Supreme Court considered four appeals by the complainant (brother of the deceased) against separate High Court orders granting bail to the accused in a dowry death case. The deceased, Shahida Bano...

Supreme Court

Supreme Court Dismisses Appeal Against Refusal to Quash Rape Case Based on False Promise of Marriage. Allegations of Sexual Assault Over 15 Years Under Threat of Viral Video and Extortion Not Fit for Quashing at Initial Stage....

The Supreme Court dismissed an appeal against the High Court's refusal to quash criminal proceedings for rape and other offences. The appellant was accused of repeatedly sexually assaulting the compla...

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Supreme Court

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Supreme Court Dismisses Appeal of Accused in Cheque Dishonour Case — Upholds Conviction Under Section 138 NI Act for Security Deposit Refund. Cheques Issued for Refund of Security Deposit Under Lease Agreement Constitute Legally Enforceable Debt; Compensation Enhanced to Full Deposit Amount....

Supreme Court Partly Allows Appeal in Specific Performance Suit — Distinguishes Between Condonation of Delay and Setting Aside Ex-Parte Decree. High Court Exceeded Jurisdiction by Setting Aside Ex-Parte Decree When Only Revision Against Condonation Order Was Filed....

Interpretation Of Manufacturing Process Under Factories Act, 1948 – Business Of Laundry Held To Constitute Manufacturing Process – Premises Deemed A Factory – Order Issuing Process Restored....

Supreme Court Cancels Bail of Father-in-Law and Mother-in-Law in Dowry Death Case, Upholds Bail of Sisters-in-Law. High Court's mechanical grant of bail set aside for principal accused in dowry death under Sections 498A, 304B IPC and Sections 3, 4 Dowry Prohibition Act, 1961....

Supreme Court Dismisses Appeal Against Refusal to Quash Rape Case Based on False Promise of Marriage. Allegations of Sexual Assault Over 15 Years Under Threat of Viral Video and Extortion Not Fit for Quashing at Initial Stage....

Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

Karnataka High Court Examines Revision Against Concurrent Conviction in Cheque Dishonour C...

High Court of Karnataka Hears Petitioners in Food Safety and Standards Act Case Seeking Qu...

Supreme Court Upholds Directions for Expedited Construction of Limited Use Subway at Level...

Supreme Court Dismisses Special Leave Petition Against High Court Order Denying GPF Benefi...

Supreme Court Quashes Accused in SC/ST Act Case Due to Lack of Public View Element. Essent...

Supreme Court Restores Interim Maintenance Award for Minor Daughters in Section 125 CrPC C...

Supreme Court Partly Allows Appeals Against High Court Orders Concerning Execution and Sta...