Author name: G.R. Hari

Supreme Court Upholds Reassessment Notice: M.R. Shah Logistics Case (2022)

/ Finance Act, 2016, Finance Act, 2016 with Section 192, Income Declaration Scheme, Income Tax Act, 1961, Income Tax Act, 1961 with Section 147, Income Tax Act, 1961 with Section 148, Judges, Reassessment, S. Ravindra Bhat, Uday Umesh Lalit

Supreme Court Upholds Reassessment Notice: M.R. Shah Logistics Case (2022) LEGAL ISSUE: Whether a reassessment notice under Section 147 of the Income Tax Act, 1961 can be issued based on tangible material indicating income has escaped assessment, even if the assessee claims the income was declared under the Income Declaration Scheme (IDS) by another entity. […]

Supreme Court Upholds Reassessment Notice: M.R. Shah Logistics Case (2022) Read Post »

Limitation in Property Disputes: Supreme Court Divided on Plaint Rejection in Saranpal Kaur Anand vs. Praduman Singh Chandhok (28 March 2022)

/ Bela M. Trivedi, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII Rule 11(d), Code of Civil Procedure, 1908 with Order XII Rule 6, Code of Civil Procedure, 1908 with Order XIV Rule 2, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 58, Limitation Act, 1963 with Section 17, Limitation Act, 1963 with Section 3, Sanjiv Khanna

Supreme Court Addresses Limitation in Property Dispute: Saranpal Kaur Anand vs. Praduman Singh Chandhok (2022) Date of the Judgment: 28 March 2022 The Supreme Court of India heard a case regarding a property dispute where the main issue was whether the suit was filed within the time limit set by law. The case, *Saranpal Kaur

Limitation in Property Disputes: Supreme Court Divided on Plaint Rejection in Saranpal Kaur Anand vs. Praduman Singh Chandhok (28 March 2022) Read Post »

Supreme Court allows operation of units pending environmental clearance: M/S Pahwa Plastics vs. Dastak NGO (2022)

/ Air (Prevention and Control of Pollution) Act, 1981, Air (Prevention and Control of Pollution) Act, 1981 with Section 16, Air (Prevention and Control of Pollution) Act, 1981 with Section 17, Air (Prevention and Control of Pollution) Act, 1981 with Section 18, Environment (Protection) Act, 1986, Environment (Protection) Act, 1986 with Section 3, Environment (Protection) Act, 1986 with Section 5, Indira Banerjee, J.K. Maheshwari, Judges

Supreme Court Allows Operation of Units Pending Environmental Clearance: M/S Pahwa Plastics vs. Dastak NGO (2022) LEGAL ISSUE: Whether an establishment can operate while awaiting ex post facto Environmental Clearance (EC). CASE TYPE: Environmental Law Case Name: M/S Pahwa Plastics Pvt. Ltd. and Anr. vs. Dastak NGO and Ors. [Judgment Date]: 25 March 2022 Date

Supreme Court allows operation of units pending environmental clearance: M/S Pahwa Plastics vs. Dastak NGO (2022) Read Post »

Supreme Court Limits Appeal Scope on SEBI Orders: SEBI vs. Mega Corporation Ltd. (25 March 2022)

/ Appellate Jurisdiction, Judges, L. Nageswara Rao, Pamidighantam Sri Narasimha, Securities and Exchange Board of India Act, 1992, Securities and Exchange Board of India Act, 1992 with Section 11, Securities and Exchange Board of India Act, 1992 with Section 15Z

Supreme Court Limits Appeal Scope on SEBI Orders: SEBI vs. Mega Corporation Ltd. (2022) LEGAL ISSUE: Scope of appellate jurisdiction of the Supreme Court in matters related to the Securities and Exchange Board of India (SEBI). CASE TYPE: Securities Law, Capital Markets Regulation. Case Name: Securities and Exchange Board of India vs. Mega Corporation Limited.

Supreme Court Limits Appeal Scope on SEBI Orders: SEBI vs. Mega Corporation Ltd. (25 March 2022) Read Post »

Supreme Court clarifies interest liability on excise dues during stay orders: State of U.P. vs. Prem Chopra (25 March 2022)

/ Judges, S. Abdul Nazeer, U.P. Excise Act, 1910, U.P. Excise Act, 1910 with Section 36, U.P. Excise Act, 1910 with Section 38-A, Vikram Nath

Supreme Court Clarifies Interest Liability on Excise Dues During Stay Orders: State of U.P. vs. Prem Chopra (2022) LEGAL ISSUE: Whether a licensee is liable to pay interest on arrears of excise revenue during the period when a High Court stay order restrained recovery of those dues. CASE TYPE: Excise Law Case Name: State of

Supreme Court clarifies interest liability on excise dues during stay orders: State of U.P. vs. Prem Chopra (25 March 2022) Read Post »

Supreme Court Sets Deadline for COVID-19 Ex-Gratia Claims and Orders Sample Scrutiny

/ B.V. Nagarathna, COVID-19 Compensation, Disaster Management Act, 2005, Disaster Management Act, 2005 with Section 52, Judges, M.R. Shah, Public Interest Litigation

Supreme Court Sets Deadline for COVID-19 Ex-Gratia Claims and Orders Sample Scrutiny LEGAL ISSUE: Setting a deadline for ex-gratia claims and ordering scrutiny of claims related to COVID-19 deaths. CASE TYPE: Public Interest Litigation/Disaster Management Case Name: Gaurav Kumar Bansal vs. Union of India & Ors. [Judgment Date]: 24 March 2022 Introduction Date of the

Supreme Court Sets Deadline for COVID-19 Ex-Gratia Claims and Orders Sample Scrutiny Read Post »

Supreme Court clarifies jurisdiction in arbitration cases: Ravi Ranjan Developers vs. Aditya Kumar Chatterjee (2022)

/ A.S. Bopanna, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 2(1)(e), Arbitration and Conciliation Act, 1996 with Section 42, Indira Banerjee, Judges

Supreme Court clarifies jurisdiction in arbitration cases: Ravi Ranjan Developers vs. Aditya Kumar Chatterjee (2022) LEGAL ISSUE: Determining the appropriate court for initiating arbitration proceedings under Section 11(6) of the Arbitration and Conciliation Act, 1996, particularly when the arbitration agreement specifies a venue for sittings but not a seat. CASE TYPE: Arbitration Law Case Name:

Supreme Court clarifies jurisdiction in arbitration cases: Ravi Ranjan Developers vs. Aditya Kumar Chatterjee (2022) Read Post »

MSME Act Jurisdiction Clarified: Supreme Court Rules on Foreign Buyers in Vaishno Enterprises vs. Hamilton Medical AG (24 March 2022)

/ Arbitration Clause, B. V. Nagarathna, Contract Law, Judges, Jurisdiction, M. R. Shah, Micro, Small and Medium Enterprises Development Act, 2006, Micro, Small and Medium Enterprises Development Act, 2006 with Section 18, Micro, Small and Medium Enterprises Development Act, 2006 with Section 2(n)

Supreme Court clarifies MSME Act applicability to foreign buyers: Vaishno Enterprises vs. Hamilton Medical AG (2022) LEGAL ISSUE: Applicability of the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act) to disputes where the buyer is a foreign entity. CASE TYPE: Commercial Dispute Resolution. Case Name: M/s. Vaishno Enterprises vs. Hamilton Medical AG &

MSME Act Jurisdiction Clarified: Supreme Court Rules on Foreign Buyers in Vaishno Enterprises vs. Hamilton Medical AG (24 March 2022) Read Post »

Supreme Court overturns High Court order on regularization of contractual employees: State of Gujarat vs. R.J. Pathan (24 March 2022)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 226, Contractual Employees, Judges, M.R. Shah, Regularization, Service Law

Supreme Court overturns High Court order on regularization of contractual employees: State of Gujarat vs. R.J. Pathan (2022) LEGAL ISSUE: Whether contractual employees working on a project basis can claim regularization based on the length of their service, especially when their employment was initially for a fixed term and in a temporary project. CASE TYPE:

Supreme Court overturns High Court order on regularization of contractual employees: State of Gujarat vs. R.J. Pathan (24 March 2022) Read Post »

Supreme Court settles the criteria for appointment of Lecturer in ‘Karm Kand’: Dinesh Chandra Shukla vs. State of U.P. (2022) INSC 238 (24 March 2022)

/ Academic Council, Appointment of Lecturers, Hemant Gupta, Judges, Relevant Subject, U.P. State Universities Act, 1973, U.P. State Universities Act, 1973 with Section 25, U.P. State Universities Act, 1973 with Section 31, University Law, V. Ramasubramanian

Supreme Court Resolves Lecturer Appointment Dispute in Mahatma Gandhi Kashi Vidyapeeth University Date of the Judgment: 24 March 2022 Citation: (2022) INSC 238 Judges: Hemant Gupta, J. and V. Ramasubramanian, J. Can a University deny appointment to a candidate recommended by the Selection Committee, especially when the statutes do not prescribe specific qualifications for the

Supreme Court settles the criteria for appointment of Lecturer in ‘Karm Kand’: Dinesh Chandra Shukla vs. State of U.P. (2022) INSC 238 (24 March 2022) Read Post »

Supreme Court settles applicability of ACP vs MACP Scheme for Central Government Employees: Union of India & Ors. vs. S. Ranjit Samuel & Ors. (24 March 2022)

/ Assured Career Progression Scheme, B.R. Gavai, Central Government Employees, Financial Upgradation, Government Schemes, Judges, L. Nageswara Rao, Modified Assured Career Progression Scheme, Service Law, Service Law with Office Memorandum dated 9th August, 1999

Supreme Court clarifies applicability of ACP and MACP schemes for government employees LEGAL ISSUE: Applicability of Assured Career Progression (ACP) Scheme or Modified Assured Career Progression (MACP) Scheme for government employees. CASE TYPE: Service Law Case Name: Union of India & Ors. vs. S. Ranjit Samuel & Ors. Judgment Date: 24 March 2022 Introduction Date

Supreme Court settles applicability of ACP vs MACP Scheme for Central Government Employees: Union of India & Ors. vs. S. Ranjit Samuel & Ors. (24 March 2022) Read Post »

Supreme Court Upholds Stamp Duty Calculation Based on Company Court Valuation in Property Sale: The Sub Registrar Ernakulam Kochi vs. K. Syed Ali Kadar Pillai (24 March 2022)

/ Aniruddha Bose, Civil Procedure, Company Court, Dinesh Maheshwari, Judges, Property Law, Stamp Duty, Valuation of Property

Date of the Judgment: 24 March 2022 Citation: [Not Available in Source] Judges: Hon’ble Mr. Justice Dinesh Maheshwari and Hon’ble Mr. Justice Aniruddha Bose Can stamp duty on a property sale be based on a valuation fixed by a Company Court, even if the auction bid was higher? The Supreme Court of India recently addressed

Supreme Court Upholds Stamp Duty Calculation Based on Company Court Valuation in Property Sale: The Sub Registrar Ernakulam Kochi vs. K. Syed Ali Kadar Pillai (24 March 2022) Read Post »

Scroll to Top