Supreme Court
9th Mar, 2016
The Supreme Court held that upon the lapse of the period of limitation prescribed, the right of the Department to assess an assesse gets extinguished and this confers a very valuable right on the assesse. […]
3rd Mar, 2016
Supreme Court has held that for a defence of res judicata to succeed, it is necessary to show that the claim in the subsequent suit or proceedings is in fact founded upon the same cause […]
3rd Mar, 2016
Supreme Court has held that Section 2(22) of the ESI Act covers the “casual employees” employed for a few days on a work of perennial nature and wages as defined in section 2(22) and wage […]
3rd Mar, 2016
The Supreme Court held that, clearly, the object of enactment of PC Act was to make the anti-corruption law more effective and widen its coverage. In view of definition of public servant in Section 46A […]
24th Feb, 2016
The Supreme Court was observed that the purpose of the two enactments is entirely different. The purpose of one is to provide ameliorative measures for reconstruction of sick companies, and the purpose of the other […]
10th Feb, 2016
The Hon’ble Court held that there is a presumption that a negotiable instrument is supported by consideration. There was no dispute that such a consideration existed in as much as the cheques were issued in […]
10th Feb, 2016
Intent of Parties to Arbitration cannot be ignored relating to law governing Arbitration #indianlaws
The Hon’ble Supreme Court has held that the parties are free to agree on application of three different laws governing their entire contract – (1) proper law of contract, (2) proper law of arbitration agreement […]
10th Feb, 2016
The Supreme Court, in this case has held that while filing an application u/s 321 of CrPC, the Public Prosecutor is required to apply his own mind and the effect thereof on the society in […]
31st Jan, 2016
There is no provision parallel to the provision contained in Order 9 Rule 9(1) Code of Civil Procedure which contains a prohibition that if a suit is dismissed in default of the Plaintiff under Order […]
31st Jan, 2016
Supreme Court held that a landlord cannot be permitted to do indirectly what he has been barred from doing under the Rent Control Act, more so when the two legislations, that is the SARFAESI Act and […]
31st Jan, 2016
The Court clarified that giving of dowry and the traditional presents at or about the time of wedding does not in any way raise a presumption that such a property was thereby entrusted and put […]
20th Jan, 2016
Supreme Court observed that in the absence of pleading, evidence, if any, produced by the parties cannot be considered. It was further observed that no party should be permitted to travel beyond its pleading and […]