LEGAL ISSUE: Whether the Additional Commissioner, as the designated authority, had the power to issue a show cause notice under Clause 8 of the Delhi Tax Compliance Achievement Scheme, 2013. CASE TYPE: Tax Law, specifically concerning the Delhi Value Added Tax Act, 2004. Case Name: Commissioner of Trade and Taxes and Ors. vs. M/S Ahluwalia […]
Date of the Judgment: October 3, 2017 Citation: (2017) INSC 849 Judges: J. Chelameswar, S. Abdul Nazeer Can an arbitrator award interest on delayed payments when the contract explicitly prohibits it? The Supreme Court of India addressed this crucial question in a case concerning a railway construction contract. The court clarified the extent of an
Date of the Judgment: October 3, 2017 Citation: (2017) INSC 879 Judges: Arun Mishra, J., Mohan M. Shantanagoudar, J. Can a suit against a dead person be rectified by adding their legal heirs later? The Supreme Court of India recently addressed this crucial question in a case concerning a property dispute where one of the
Can a medical college be barred from admitting students due to infrastructure and faculty deficiencies? The Supreme Court of India addressed this question in a case involving Ponnaiyah Ramajayam Institute of Medical Sciences. The court upheld the decision to debar the college for two academic years. This case highlights the importance of maintaining standards in
LEGAL ISSUE: Whether the conviction under Section 302 read with 34 of the Indian Penal Code, 1860 can be upheld when the charge under Section 120B of the Indian Penal Code, 1860 is not proven. CASE TYPE: Criminal Law Case Name: Shantanu Sitaram @ Anil Divekar vs. The State of Maharashtra Judgment Date: 22 September
Can an employee’s claim for extended service be automatically resolved by a prior, similar judgment? The Supreme Court of India addressed this in the case of Matta Anand Kumar v. The State of Andhra Pradesh. This case deals with a claim for continued service up to 60 years of age. The court disposed of the
LEGAL ISSUE: Interpretation of input tax credit provisions when a by-product is generated during the manufacturing process and sold as an exempted good. CASE TYPE: Tax Law – Karnataka Value Added Tax Act, 2003 Case Name: The State of Karnataka v. M/S. M.K. Agro Tech Pvt. Ltd. Judgment Date: 22 September 2017 Introduction Date of
LEGAL ISSUE: Whether a claimant can inherit property based on being a ‘guru bhai’ of a deceased sanyasi, and whether the state can claim property by escheat. CASE TYPE: Civil Law – Property Dispute Case Name: Mahant Ramanand vs. State of Uttarakhand and Ors. Judgment Date: 22 September 2017 Date of the Judgment: 22 September
Supreme Court Upholds Escheat of Property: Ramanand vs. State of Uttarakhand (2017) Read Post »
LEGAL ISSUE: The core legal issue revolves around the National Green Tribunal’s (NGT) jurisdiction to direct State Governments to reconsider appointments to State Pollution Control Boards (SPCBs) and to lay down guidelines for such appointments. CASE TYPE: This case falls under environmental law and administrative law, specifically concerning the powers and jurisdiction of the National
LEGAL ISSUE: Whether a Collector has the jurisdiction to decide on the vesting of property in the government under Section 29 of the Hindu Succession Act, 1956, when a dispute of title exists. CASE TYPE: Civil Law – Property Dispute, Hindu Succession Act. Case Name: Kutchi Lal Rameshwar Ashram Trust Evam Anna Kshetra Trust Thr.
LEGAL ISSUE: Whether tax credit under Section 11(3)(b) of the Gujarat Value Added Tax Act, 2003 should be reduced once or twice when goods fall under multiple sub-clauses. CASE TYPE: Tax Law – Value Added Tax (VAT) Case Name: State of Gujarat vs. Reliance Industries Limited Judgment Date: 22 September 2017 Introduction Date of the
Can a medical college increase its MBBS seat intake without proper inspection and approval? The Supreme Court of India recently addressed this question. The court case involved the Kempegowda Institute of Medical Sciences and the Medical Council of India. The court directed a fresh inspection for the 2018-19 academic year. This decision came after the
