Ashok Bhushan

Supreme Court Upholds AFT Decision on Promotion Board Marks: Union of India vs. Maj. Gen. Manomoy Ganguly (2017)

LEGAL ISSUE: Whether the Armed Forces Tribunal (AFT) was correct in interfering with the discretion of the Special Promotion Board (SPB) in awarding marks for promotion. CASE TYPE: Service Law – Armed Forces Promotion Case Name: Union of India and Others vs. Maj. Gen. Manomoy Ganguly, VSM Judgment Date: 10 November 2017 Can a promotion […]

Supreme Court Upholds AFT Decision on Promotion Board Marks: Union of India vs. Maj. Gen. Manomoy Ganguly (2017) Read Post »

Supreme Court settles refund of Education Cess and Higher Education Cess in excise duty exemption cases: SRD Nutrients vs. Commissioner of Central Excise (2017)

Date of the Judgment: November 10, 2017 Citation: (2017) INSC 977 Judges: A.K. Sikri, J., Ashok Bhushan, J. Can manufacturers in North-Eastern states claim a refund on the Education Cess and Higher Education Cess, when they are already exempt from excise duty? The Supreme Court of India addressed this question in a batch of appeals,

Supreme Court settles refund of Education Cess and Higher Education Cess in excise duty exemption cases: SRD Nutrients vs. Commissioner of Central Excise (2017) Read Post »

Supreme Court Upholds Dismissal of Forgery Complaint: Senior Manager (P&D), RIICO Ltd. vs. State of Rajasthan (2017)

Can a criminal case for forgery be dismissed if the forged document was presented in court? The Supreme Court of India addressed this question in a case involving allegations of a forged letter. The Court examined whether the lower courts were correct in dismissing the complaint. The judgment was delivered by a two-judge bench of

Supreme Court Upholds Dismissal of Forgery Complaint: Senior Manager (P&D), RIICO Ltd. vs. State of Rajasthan (2017) Read Post »

Supreme Court clarifies calculation of future prospects in motor accident compensation: National Insurance Company Ltd. vs. Pranay Sethi (2017)

Date of the Judgment: 31 October 2017 Citation: (2017) INSC 950 Judges: Dipak Misra, CJI, A.K. Sikri, A.M. Khanwilkar, Dr. D.Y. Chandrachud, Ashok Bhushan, JJ. This was a unanimous decision. How should courts calculate compensation for motor accident victims, especially concerning future income prospects? The Supreme Court of India, in this landmark judgment, addressed the

Supreme Court clarifies calculation of future prospects in motor accident compensation: National Insurance Company Ltd. vs. Pranay Sethi (2017) Read Post »

Supreme Court Orders Retrial in Amit Jethwa Murder Case, Cancels Bail of Accused: Dinubhai Boghabhai Solanki vs. State of Gujarat (2017)

Date of the Judgment: October 30, 2017 Citation: (2017) INSC 942 Judges: A.K. Sikri, J. and Ashok Bhushan, J. Can a trial be considered fair if most of the witnesses turn hostile due to intimidation? The Supreme Court of India recently addressed this critical question in the case of Dinubhai Boghabhai Solanki vs. State of

Supreme Court Orders Retrial in Amit Jethwa Murder Case, Cancels Bail of Accused: Dinubhai Boghabhai Solanki vs. State of Gujarat (2017) Read Post »

Supreme Court Clarifies Tax on Mobilization Fees for Mineral Oil Exploration: Sedco Forex International Inc. vs. Commissioner of Income Tax (2017)

LEGAL ISSUE: Whether mobilization fees paid to non-resident companies for transporting drilling rigs to India are taxable under Section 44BB of the Income Tax Act, 1961. CASE TYPE: Income Tax Law Case Name: Sedco Forex International Inc. vs. Commissioner of Income Tax, Meerut & Anr. Judgment Date: 30 October 2017 Date of the Judgment: 30

Supreme Court Clarifies Tax on Mobilization Fees for Mineral Oil Exploration: Sedco Forex International Inc. vs. Commissioner of Income Tax (2017) Read Post »

Supreme Court Upholds Land and Building Method for Cinema Valuation in Wealth Tax Assessment (October 13, 2017)

Date of the Judgment: October 13, 2017 Citation: (2017) INSC 939 Judges: A.K. Sikri, J., Ashok Bhushan, J. When assessing wealth tax, how should a cinema building be valued? Should it be based on its income or the value of the land and building? The Supreme Court of India recently addressed this question, clarifying the

Supreme Court Upholds Land and Building Method for Cinema Valuation in Wealth Tax Assessment (October 13, 2017) Read Post »

Sabarimala Temple Entry Ban on Women to be Examined by Larger Bench: Indian Young Lawyers Association vs. State of Kerala (2017)

LEGAL ISSUE: Whether the prohibition on women of a specific age group from entering the Sabarimala Temple is discriminatory and violates fundamental rights. CASE TYPE: Public Interest Litigation, Constitutional Law, Religious Law Case Name: Indian Young Lawyers Association & Ors. vs. State of Kerala & Ors. Judgment Date: 13 October 2017 Introduction Date of the

Sabarimala Temple Entry Ban on Women to be Examined by Larger Bench: Indian Young Lawyers Association vs. State of Kerala (2017) Read Post »

Supreme Court Mandates Depreciation Deduction Under Section 80-IA of Income Tax Act: Plastiblends India Ltd. vs. ACIT (2017)

Date of the Judgment: October 9, 2017 Citation: (2017) INSC 824 Judges: A.K. Sikri, J., Ashok Bhushan, J. Can businesses choose to ignore depreciation when calculating deductions under Section 80-IA of the Income Tax Act? The Supreme Court of India addressed this critical question, clarifying that depreciation must be considered when computing profits eligible for

Supreme Court Mandates Depreciation Deduction Under Section 80-IA of Income Tax Act: Plastiblends India Ltd. vs. ACIT (2017) Read Post »

Supreme Court restores acquittal in bond theft case: Rajesh Kumar C.K. Jain vs. State of Karnataka (2017)

Can a conviction be overturned if the prosecution fails to establish key facts? The Supreme Court of India recently addressed this question in a case involving the alleged theft of a bond paper from a government office. The core issue revolved around whether the High Court of Karnataka correctly overturned the acquittal granted by the

Supreme Court restores acquittal in bond theft case: Rajesh Kumar C.K. Jain vs. State of Karnataka (2017) Read Post »

Supreme Court Upholds Entry Tax on Imported Goods: State of Kerala vs. Fr. William Fernandez (2017)

Can states levy entry tax on goods imported from outside India? The Supreme Court of India addressed this crucial question in a batch of appeals, including State of Kerala vs. Fr. William Fernandez. This judgment clarifies the legislative powers of states regarding entry tax on imported goods. The court held that states have the authority

Supreme Court Upholds Entry Tax on Imported Goods: State of Kerala vs. Fr. William Fernandez (2017) Read Post »

Supreme Court Upholds Attachment of Properties in Fodder Scam Cases Despite Accused’s Death: Ravi Sinha & Ors. vs. The State of Jharkhand (2017)

Date of the Judgment: October 5, 2017 Citation: (2017) INSC 870 Judges: A.K. Sikri, J. and Ashok Bhushan, J. Can the attachment of properties under the Criminal Law (Amendment) Ordinance, 1944, continue after the death of the primary accused? The Supreme Court of India recently addressed this question in a series of appeals related to

Supreme Court Upholds Attachment of Properties in Fodder Scam Cases Despite Accused’s Death: Ravi Sinha & Ors. vs. The State of Jharkhand (2017) Read Post »

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