Supreme Court Refers Rule 5 Validity Challenge Back to Division Bench Date of the Judgment: 05 December 2019 Citation: (2019) INSC 1234 Judges: R.F. Nariman, J., Aniruddha Bose, J., V. Ramasubramanian, J. When a case is referred to a larger bench, is it always necessary for the larger bench to answer the questions referred? The […]
Supreme Court Clarifies Capital Gains Tax on Property Transfer: Seshasayee Steels vs. ACIT (2019) LEGAL ISSUE: Determining the point of transfer for capital gains tax on immovable property under the Income Tax Act, 1961, specifically concerning agreements to sell and subsequent compromise deeds. CASE TYPE: Income Tax Law Case Name: M/s Seshasayee Steels P. Ltd.
Supreme Court Clarifies Arbitration Scope under Electricity Act: Hindustan Zinc vs. Ajmer Vidyut Vitran Nigam (2019) Date of the Judgment: December 04, 2019 Citation: 2019 INSC 1148 Judges: Rohinton Fali Nariman, J., Aniruddha Bose, J., V. Ramasubramanian, J. Can a dispute between a power distribution company and a consumer be resolved through arbitration under the
Supreme Court Clarifies CENVAT Credit on Fuel Inputs for Exempted Goods Date of the Judgment: 03 December 2019 Citation: (2019) INSC 1187 Judges: R.F. Nariman, J., Aniruddha Bose, J., V. Ramasubramanian, J. Can a manufacturer claim CENVAT credit on duty paid for fuel inputs used to generate steam and electricity when manufacturing goods that are
Supreme Court clarifies High Court’s jurisdiction over NCLT orders in insolvency cases: Embassy Property Developments Pvt. Ltd. vs. State of Karnataka (2019) LEGAL ISSUE: Whether a High Court can interfere with an order passed by the National Company Law Tribunal (NCLT) under the Insolvency and Bankruptcy Code, 2016 (IBC), when there is a statutory remedy
Supreme Court Limits High Court Intervention in Arbitration Matters: Deep Industries vs. ONGC (2019) Date of the Judgment: 28 November 2019 Citation: [Not Available in Source] Judges: R.F. Nariman, J., Aniruddha Bose, J., V. Ramasubramanian, J. Can a High Court interfere with an order passed in an arbitration proceeding, especially when the Arbitration and Conciliation
Supreme Court Strikes Down Section 87 of the Arbitration Act: Hindustan Construction Company vs. Union of India (2019) LEGAL ISSUE: Whether Section 87 of the Arbitration and Conciliation Act, 1996, and the repeal of Section 26 of the 2015 Amendment Act are constitutionally valid. CASE TYPE: Constitutional Law, Arbitration Law Case Name: Hindustan Construction Company
Supreme Court Upholds Committee of Creditors’ Commercial Wisdom in Essar Steel Insolvency Resolution Date of the Judgment: 15 November 2019 Citation: (2019) INSC 1067 Judges: R.F. Nariman, J., Surya Kant, J., V. Ramasubramanian, J. Can a resolution plan approved by a Committee of Creditors be overturned by the National Company Law Appellate Tribunal (NCLAT)? The
Supreme Court Clarifies Magistrate’s Power to Order Further Investigation Post Charge Sheet LEGAL ISSUE: Whether a Magistrate has the power to order further investigation after a charge sheet has been filed in a criminal case. CASE TYPE: Criminal Law Case Name: Vinubhai Haribhai Malaviya and Ors. vs. The State of Gujarat and Anr. Judgment Date:
Supreme Court Clarifies Taxability of Members’ Clubs Post 46th Amendment: State of West Bengal vs. Calcutta Club Limited (2019) LEGAL ISSUE: Applicability of the doctrine of mutuality to incorporated clubs regarding sales tax and service tax after the 46th Amendment to the Constitution of India. CASE TYPE: Tax Law (Sales Tax and Service Tax) Case
Supreme Court Intervention in Society Dispute: Virudhunagar Hindu Nadargal Dharma Paribalana Sabai vs. Tuticorin Educational Society (2019) LEGAL ISSUE: The maintainability of a revision petition under Article 227 of the Constitution of India when an appeal remedy is available under the Code of Civil Procedure, 1908. CASE TYPE: Civil Case Name: Virudhunagar Hindu Nadargal Dharma
Supreme Court Identifies Land Parcel in Andhra Pradesh Land Dispute: Government of Andhra Pradesh vs. Grace Sathyavathy Shashikant (2019) LEGAL ISSUE: Identification of a specific land parcel and its rightful ownership in a long-standing dispute. CASE TYPE: Civil Dispute, Land Law. Case Name: The Government of Andhra Pradesh & Ors. vs. Grace Sathyavathy Shashikant &
