Case Analysis

14th Aug, 2013

Extension of service contract beyond the agreed period cannot be claimed a matter of vested right

Whether there is any vested right in continuing with the employment despite the fact that contract of employment has come to an end by efflux of time
12th Aug, 2013

Any Award passed by Arbitrator in violation of the bar contained in the Contract is bad.

In a contract where time is the essence, the promisee if due to reasons of negligence or delay on the part of promisor fails to deliver and suffers losses, is entitled to make good losses […]
8th Aug, 2013

Opportunity should be provided to be heard prior to blacklisting the name of credit seeker

Opportunity should be provided to be heard prior to blacklisting the name of credit seeker in the list maintained by Export Credit Guarantee Corporation of India
8th Aug, 2013

Once violation of Section 33 of the Industrial Dispute Act stands established, tribunal need not examine the merits of dispute

What can be the fate of non-compliance of a mandatory condition prescribed in the statute was the question that arose before Supreme Court for consideration
8th Aug, 2013

Agreement cancelled subsequent to its impounding for want of sufficient stamp duty cannot escape the liability

Whether document (agreement for sale) seeking registration can still be impounded on account of deficient stamp duty when the same was subsequently cancelled
6th Aug, 2013

Any agreement having an appreciable adverse effect on competition within India is void.

Agreement may be explicit or tacit – may be conveyed by a nod or wink
31st Jul, 2013

The Tax paid by an employer directly to the Income Tax Authorities on behalf of an employee would not be added to the income of the employee

Issues originating from a situation where non-resident assesses during the course of their employment by foreign companies were enjoying various perquisites
19th Jul, 2013

A Special Law will prevail over a General Law, more so,when the Special Law contains a non-obstante clause.

 Provisions of Section 32 of the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) shall prevail, except to the extent excluded, over those of the Income Tax Act.
17th Jul, 2013

Purpose for which shares are purchased is insignificant to determine applicability of Section 14A of the Income Tax Act, 1961

Section 14A Income Tax Act, 1961 provides for the assessment of income not forming part of the total income.
16th Jul, 2013

Termination of service, if amounts to Retrenchment

Whether termination of services on the expiry of the contract period would amount to retrenchment within the meaning of Section 2(oo) of the Industrial Disputes Act, 1948
15th Jul, 2013

Government Servant is not a consumer under the Consumer Protection Act, 1986 for the purposes of claims pertaining to retiring benefits

Whether Government Servant fall under the definition of a “consumer” and thus entitled to claim his retiral benefits due under his service conditions and regulations. The Apex Court answered NO, as the government servant for […]
15th Jul, 2013

Restriction on Transfer of Shares not listed in the Stock Exchange

The Apex Court in the matter of Bhagwati Developers Private Limited settled a controversy regarding application of Securities Contracts (Regulation) Act, 1956 (hereinafter referred to as Regulation Act) to the transfer of shares of a […]