Judges

Supreme Court settles the treatment of provision for doubtful debts under Section 115JA of the Income-tax Act in company taxation: Commissioner of Income Tax-IV, Delhi vs. M/s HCL Comnet Systems & Services Ltd. (2008)

/ B. Sudershan Reddy, Companies Act, 1956, Income-tax Act, 1961, Income-tax Act, 1961 with Section 115JA, Judges, S.H. Kapadia

Introduction Date of the Judgment: September 23, 2008 The Supreme Court of India addressed a key question regarding the Income-tax Act: Can a provision for doubtful debts be added back to a company’s net profit when calculating its tax liability under Section 115JA? This case, Commissioner of Income Tax-IV, Delhi vs. M/s HCL Comnet Systems […]

Supreme Court settles the treatment of provision for doubtful debts under Section 115JA of the Income-tax Act in company taxation: Commissioner of Income Tax-IV, Delhi vs. M/s HCL Comnet Systems & Services Ltd. (2008) Read Post »

Supreme Court settles the scope of Order 9 Rule 13 of CPC in setting aside ex-parte decrees: Bank of India vs. M/s Mehta Brothers (23 September 2008)

/ Code of Civil Procedure, Code of Civil Procedure with Order 9 Rule 13, Dalveer Bhandari, Judges, Tarun Chatterjee

Introduction Date of the Judgment: 23 September 2008 Citation: Where available, provide the case citation in the Indian Supreme Court (INSC) format. Judges: Justice Tarun Chatterjee, Justice Dalveer Bhandari When can a court set aside a decree against some defendants when only one defendant applies to set aside an ex-parte decree? The Supreme Court of

Supreme Court settles the scope of Order 9 Rule 13 of CPC in setting aside ex-parte decrees: Bank of India vs. M/s Mehta Brothers (23 September 2008) Read Post »

Supreme Court settles the applicability of Section 45 of the Arbitration and Conciliation Act in International Commercial Arbitration: M/s Shakti Bhog Foods Limited vs. Kola Shipping Limited (2008)

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 45, Arbitration and Conciliation Act, 1996 with Section 7, Dalveer Bhandari, Judges, Tarun Chatterjee

Introduction Date of the Judgment: September 23, 2008 Judges: Tarun Chatterjee, J., Dalveer Bhandari, J. When disputes arise in international commercial agreements, how should courts approach arbitration clauses? This question was addressed by the Supreme Court of India in a case between M/s Shakti Bhog Foods Limited and Kola Shipping Limited. The core issue revolved

Supreme Court settles the applicability of Section 45 of the Arbitration and Conciliation Act in International Commercial Arbitration: M/s Shakti Bhog Foods Limited vs. Kola Shipping Limited (2008) Read Post »

Supreme Court settles Re-Deployment Policy for Retrenched Employees in Labour Law: K. Alex vs. Delhi State Mineral Dev. Corpn. (23 September 2008)

/ Central Civil Services Rules, Central Civil Services Rules with Rule 5, Constitutional Law, Harjit Singh Bedi, Judges, Labour Law, Re-Deployment Policy, Right to Equality, Tarun Chatterjee, Termination of Service

Date of the Judgment: 23 September 2008 Citation: Civil Appeal No. 5797 of 2008 (Arising out of SLP (C) No. 14337 of 2006) Judges: Tarun Chatterjee, J., Harjit Singh Bedi, J. Can an employer selectively deny re-deployment to a retrenched employee when a company policy mandates it? The Supreme Court of India, in K. Alex

Supreme Court settles Re-Deployment Policy for Retrenched Employees in Labour Law: K. Alex vs. Delhi State Mineral Dev. Corpn. (23 September 2008) Read Post »

Supreme Court clarifies Rule 2(a) of Customs Tariff Act in Sony India Ltd. Case (2008)

/ Ashok Bhan, Customs Act, 1962, Customs Act, 1962 with Section 111(m), Customs Act, 1962 with Section 112(a), Customs Act, 1962 with Section 28(1), Customs Tariff Act, 1975, Customs Tariff Act, 1975 with Rule 2(a), Judges, V.S. Sirpurkar

Date of the Judgment: September 23, 2008 Citation: Civil Appeal No. 8236 of 2002 Judges: Hon’ble Mr. Justice Ashok Bhan, Hon’ble Mr. Justice V.S. Sirpurkar The Supreme Court of India addressed the question of whether imported components of Colour Television (CTV) sets should be treated as complete CTV sets for the purpose of assessment under

Supreme Court clarifies Rule 2(a) of Customs Tariff Act in Sony India Ltd. Case (2008) Read Post »

Supreme Court Upholds Election Commission’s Symbol Order: Subramanian Swamy vs. Election Commission of India (23 September 2008)

/ Ashok Bhan, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 324, Election Law, Election Symbols, Judges, Representation of the People Act, 1951 with Section 29A, V.S. Sirpurkar

Introduction Date of the Judgment: 23 September 2008 Case: Subramanian Swamy v. Election Commission of India Judges: Hon’ble Mr. Justice Ashok Bhan and Hon’ble Mr. Justice V.S. Sirpurkar Can a political party perpetually retain a reserved election symbol, even after losing its recognized status? The Supreme Court of India addressed this critical question in a

Supreme Court Upholds Election Commission’s Symbol Order: Subramanian Swamy vs. Election Commission of India (23 September 2008) Read Post »

Supreme Court Quashes Conviction in NDPS Act Case Due to Non-Compliance with Search Procedure: Man Bahadur vs. State of H.P. (23 September 2008)

/ Criminal Law, Cyriac Joseph, Fair Trial, Judges, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 50, S.B. Sinha, Search and Seizure

Introduction Date of the Judgment: 23 September 2008 The Supreme Court of India addressed a critical question: Is it mandatory for an investigating officer to inform an accused of their right to be searched in the presence of a Magistrate or a gazetted officer, as per Section 50 of the Narcotic Drugs and Psychotropic Substances

Supreme Court Quashes Conviction in NDPS Act Case Due to Non-Compliance with Search Procedure: Man Bahadur vs. State of H.P. (23 September 2008) Read Post »

Supreme Court Upholds DDA’s Plot Allotment Policy in Land Acquisition Case (2008)

/ Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981, Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981 with Rule 6, Judges, Lokeshwar Singh Panta, R. V. Raveendran

Introduction Date of the Judgment: September 23, 2008 Citation: Civil Appeal No. 5249 of 2002 Judges: Justice R. V. Raveendran and Justice Lokeshwar Singh Panta When land is acquired for city development, are authorities obligated to provide plots of a specific size to those displaced? The Supreme Court of India addressed this question in a

Supreme Court Upholds DDA’s Plot Allotment Policy in Land Acquisition Case (2008) Read Post »

Supreme Court Upholds Conviction in Murder Case Involving Unlawful Assembly: Shankaraya Naik vs. State of Karnataka (2008)

/ Harjit Singh Bedi, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, S.B. Sinha

Date of the Judgment: September 22, 2008 Judges: S.B. Sinha, Harjit Singh Bedi Can a conviction for murder be upheld when the accused acted as part of an unlawful assembly, even if the common intention to commit murder wasn’t explicitly proven? The Supreme Court of India addressed this question in the case of Shankaraya Naik

Supreme Court Upholds Conviction in Murder Case Involving Unlawful Assembly: Shankaraya Naik vs. State of Karnataka (2008) Read Post »

Supreme Court overturns conviction in dowry death case due to flawed charges: Basavaraja & Ors. vs. State of Karnataka (22 September 2008)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 313, Dr. ARIJIT PASAYAT, G.S. Singhvi, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, V.S. Sirpurkar

Introduction Date of the Judgment: 22 September 2008 Judges: Dr. Arijit Pasayat, J., V.S. Sirpurkar, J., G.S. Singhvi, J. Can a conviction be upheld if the charges framed are inconsistent with the medical evidence presented? The Supreme Court of India addressed this critical question in the case of Basavaraja & Ors. v. State of Karnataka.

Supreme Court overturns conviction in dowry death case due to flawed charges: Basavaraja & Ors. vs. State of Karnataka (22 September 2008) Read Post »

Supreme Court clarifies the definition of ‘Public Servant’ under the Prevention of Corruption Act: State of Punjab vs. Karnail Singh (2008)

/ Arijit Pasayat, Companies Act, 1956, Companies Act, 1956 with Section 617, J.M. Panchal, Judges, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(2), Prevention of Corruption Act, 1988 with Section 2(c)(ix), Prevention of Corruption Act, 1988 with Section 7

Introduction Date of the Judgment: September 22, 2008 Judges: Dr. Arijit Pasayat, J.M. Panchal Does an employee of a cooperative bank, which receives financial aid from the State Government, fall within the definition of a “public servant” under the Prevention of Corruption Act, 1988? This question was central to an appeal before the Supreme Court

Supreme Court clarifies the definition of ‘Public Servant’ under the Prevention of Corruption Act: State of Punjab vs. Karnail Singh (2008) Read Post »

Supreme Court reduces rape conviction to outraging modesty due to lack of specific evidence: Premiya @ Prem Prakash vs. State of Rajasthan (22 September 2008)

/ Arijit Pasayat, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 354, Indian Penal Code, 1860 with Section 376, Judges, Mukundakam Sharma

Introduction Date of the Judgment: 22 September 2008 Citation: Where available, provide the case citation in the Indian Supreme Court (INSC) format. Judges: Dr. Arijit Pasayat and Dr. Mukundakam Sharma Can a conviction for rape be altered if the evidence suggests a different, less severe offense? The Supreme Court of India addressed this question in

Supreme Court reduces rape conviction to outraging modesty due to lack of specific evidence: Premiya @ Prem Prakash vs. State of Rajasthan (22 September 2008) Read Post »

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