Supreme Court Clarifies Rights of Secured Creditors in Insolvency: Vistra ITCL vs. Dinkar Venkatasubramanian (2023) LEGAL ISSUE: What are the rights of a secured creditor holding pledged shares in the context of the Insolvency and Bankruptcy Code, 2016 (IBC)? CASE TYPE: Insolvency Law Case Name: M/S VISTRA ITCL (INDIA) LTD & ORS. vs. MR. DINKAR […]
Supreme Court Clarifies Rights of Secured Creditors with Pledged Shares in Insolvency Cases LEGAL ISSUE: Whether a secured creditor holding pledged shares of a corporate debtor can be considered a financial creditor or operational creditor under the Insolvency and Bankruptcy Code, 2016 (IBC), and how their interests should be protected in a resolution plan. CASE
Supreme Court Disallows Business Loss Claim on Confiscated Silver: Commissioner of Income Tax vs. Prakash Chand Lunia (2023) LEGAL ISSUE: Whether a business can claim a loss for confiscated goods when the goods were seized due to an infraction of the law. CASE TYPE: Income Tax Law Case Name: The Commissioner of Income Tax Jaipur
Supreme Court Reinstates Conviction Under Section 302/149 IPC in Unlawful Assembly Case LEGAL ISSUE: Whether a person can be convicted under Section 302 read with Section 149 of the Indian Penal Code (IPC) for an offense committed by another member of an unlawful assembly, even if they did not inflict the fatal blow. CASE TYPE:
Supreme Court Upholds Conviction Under Section 302/149 IPC in Unlawful Assembly Case Date of the Judgment: 11 April 2023 Citation: (2023) INSC 354 Judges: M. R. Shah, J. and C.T. Ravikumar, J. Can a person be convicted of murder under Section 302 of the Indian Penal Code (IPC) with the aid of Section 149 IPC,
Supreme Court Upholds Tax Deduction at Source on Transfer of Right to Use Goods: State of Tripura vs. Chandan Deb (2023) LEGAL ISSUE: Whether tax can be deducted at source on the transfer of the right to use goods under the Tripura Sales Tax Act, 1976. CASE TYPE: Tax Law Case Name: The State of
Supreme Court Upholds Tax Deduction at Source on Transfer of Right to Use Goods Date of the Judgment: 24 March 2023 Citation: (2023) INSC 284 Judges: M. R. Shah, J., Krishna Murari, J. Can a state government mandate tax deductions at source on payments for the transfer of the right to use goods, even if
Supreme Court clarifies recovery of erroneous refunds under Central Excise Act Date of the Judgment: 24 March 2023 Citation: 2023 INSC 254 Judges: M. R. Shah, J. and Krishna Murari, J. Can the tax authorities recover an erroneous refund of excise duty without issuing a separate notice under Section 11A of the Central Excise Act,
Supreme Court Clarifies Recovery of Erroneous Excise Duty Refunds: Commissioner of Central Excise vs. Morarjee Gokuldas Spg. & Wvg. Co. Ltd. (2023) LEGAL ISSUE: Whether a separate notice under Section 11A of the Central Excise Act, 1944 is required for the recovery of an erroneously refunded excise duty when the refund order is reviewed under
Supreme Court Orders Surrender of Prisoners Released on Emergency Parole During COVID-19 Date of the Judgment: 24 March 2023 Citation: 2023 INSC 294 Judges: M. R. Shah, J. and C.T. Ravikumar, J. The Supreme Court of India addressed the issue of whether prisoners released on emergency parole or interim bail during the COVID-19 pandemic should
Supreme Court Directs Equal Pay for Home Guards based on Police Personnel Pay Scale: Prakash Kumar Jena vs. State of Odisha (2023) LEGAL ISSUE: Entitlement of Home Guards to Duty Call-up Allowance (DCA) equivalent to the minimum pay of police personnel. CASE TYPE: Service Law Case Name: Prakash Kumar Jena & Ors. vs. The State
Supreme Court Directs Equal Pay for Home Guards Based on Police Personnel Pay Scale Date of the Judgment: March 17, 2023 Citation: (2023) INSC 254 Judges: M. R. Shah, J., M.M. Sundresh, J. Can Home Guards, who perform duties similar to police personnel, be paid less than the minimum pay scale of police constables? The
