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Supreme Court

Supreme Court Allows Default Bail Under Section 167(2) CrPC Despite COVID-19 Pandemic — Order Dated 23.03.2020 Does Not Extend Period for Filing Charge Sheet. The right to default bail is indefeasible and cannot be frustrated by the prosecution's failure to file charge sheet within the statutory period.

16 Jun 2020

The appellant, S. Kasi, was arrested on 21.02.2020 in Crime No.495 of 2015 under Sections 457, 380, 457(2), 380(2), 411(2), and 414(2) IPC. He was lod...

Supreme Court

Supreme Court Grants Immunity to NBCC from Legal Proceedings in Amrapali Group Case — Dismisses Modification Plea for Interest Waiver by Royalgolf Link City Projects Private Limited. Court held that NBCC, as court-appointed project management consultant, is immune from being impleaded in other forums, and that interest on diverted homebuyer funds is necessary to prevent unjust enrichment.

10 Jun 2020

The Supreme Court disposed of multiple interlocutory applications in the ongoing Amrapali Group matter. In I.A. No.49238 of 2020, NBCC (I) Ltd., appoi...

Supreme Court

Supreme Court Upholds Constitutional Validity of Section 43B(f) of Income Tax Act — Leave Encashment Deduction Allowed Only on Actual Payment. Clause (f) is not arbitrary or violative of Article 14 as it serves a legitimate purpose of preventing abuse and ensuring employee welfare.

24 Apr 2020

The Supreme Court in this appeal considered the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, which was inserted b...

Supreme Court

Supreme Court Upholds Enforcement of Foreign Award Against NAFED in Groundnut Export Dispute — Government Refusal Does Not Excuse Breach Under FOSFA Contract. The court held that a canalizing agency cannot rely on its own lack of permission as a force majeure event under Clause 14 of the FOSFA 20 Contract, and enforcement of the award is not against public policy despite procedural irregularities.

22 Apr 2020

The case involves a dispute between National Agricultural Cooperative Marketing Federation of India (NAFED), a canalizing agency for the Government of...

Supreme Court

Supreme Court Allows Tenant's Appeal in Rent Control Vacancy Dispute — Revision Against Vacancy Order Held Maintainable Despite Earlier Writ Dismissal. The Court held that an order notifying vacancy is only a step in the process of allotment and can be challenged along with the final order under Section 18 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.

1 Jan 2020

The appeal arises from a rent control dispute concerning House No.61/8, Ground Floor, Green Pasture View, Landhour Bazar, Mussoorie. Rashid Ahmed was ...

Supreme Court

Supreme Court Enhances Compensation for Amputation Victim in Motor Accident Case — Loss of Future Earning Based on Functional Disability. The Court held that where permanent disability renders the claimant incapable of pursuing his vocation, compensation for loss of future earning should be based on functional disability percentage, not whole body disability.

1 Jan 2020

The appellant, a painter by vocation, was travelling in a bus of the respondent KSRTC on 19.02.2010 when the bus driver, driving rashly and negligentl...

Supreme Court

Supreme Court Allows Appeals of Revenue Authorities in Stamp Duty Undervaluation Cases — Revisional Powers Under Section 47A of Indian Stamp Act, 1899 Upheld. The Court held that the limitation period for suo motu revision by the Chief Controlling Revenue Authority is five years from the date of the order, not from the date of registration.

1 Jan 2020

The Supreme Court of India heard a batch of civil appeals arising from orders of the Madras High Court concerning the interpretation of Section 47A of...

Supreme Court

Supreme Court Allows Appeal in Arbitration Enforcement Case — Upholds Arbitral Award Despite Conflicting Jurisdiction Clauses. Court Holds That Where Multiple Agreements Contain Different Arbitration Clauses, a Common Arbitrator Can Be Appointed with Consent, and the Award Is Not Liable to Be Set Aside Under Section 34 of the Arbitration and Conciliation Act, 1996.

1 Jan 2020

The dispute arose between Quippo Construction Equipment Ltd. (appellant) and Janardan Nirman Pvt. Ltd. (respondent) concerning four agreements for hir...

Supreme Court

Supreme Court Allows Union of India's Appeals in Excise Incentive Withdrawal Case — Policy Change Upheld as Prospective and in Public Interest. The Court held that the impugned notification was not retrospective and promissory estoppel did not bar the government from modifying the incentive scheme for Kutch industries.

1 Jan 2020

The Supreme Court allowed the appeals filed by the Union of India against the common judgment of the Gujarat High Court, which had quashed Notificatio...

Supreme Court

Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

9 Aug 2019

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

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