Category Archives: Supreme Court Judgement

National Anthem Mandatory for all cinema theatres to play before movie

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 855/2016 SHYAM NARAYAN CHOUKSEY Petitioner(s) VERSUS UNION OF INDIA Respondent(s) Dated 30.11.2016 Summary of Judgment “Time has come for people to realise that the national anthem is a symbol of… Read More »

Dishonour of post-dated cheques covered by section 138 of Negotiable Instruments Act

whether in the facts of the present case, the dishonour of a post-dated cheque given for repayment of loan installment which is also described as “security” in the loan agreement is covered by Section 138 of the Negotiable Instruments Act, 1881 (“the Act”). Held Dishonour of cheque in the present case being for discharge of… Read More »

Amendment to Section 28 of Contract Act is Prospective : Supreme Court

  SUPREME COURT OF INDIA Union of India v. Indusind Bank Ltd. C. NAGAPPAN AND R.F.NARIMAN, JJ. CIVIL APPEAL NOS. 9087-9089 OF 2016 SEPTEMBER  15, 2016 Ms. Manita Verma, Vibhu Shankar Mishra, R.K. Rathore, Arvind Kumar, Raj Bahadur Yadav, M.K. Maroria, Ms.Shruti Srivastava and Shreekant N. Terdal, Advs. for the Petitioner. Pranab Kumar Mullick, Mrs.… Read More »

Depreciable asset is short-term asset, eligible for exemption : SC

Depreciable asset is short-term asset, eligible for exemption: The Supreme Court of India held that even though a depreciable asset is treated as a short-term asset, it is eligible for an exemption under a special provision for computing capital gains of depreciable assets. T The case is:V.S. Dempo Company Ltd. Download  Full report of KPMG Depreciable asset is… Read More »

Upfront payment of interest allowable in the year of payment , No Spreading required over the years : SC

[2015] 372 ITR 605 (SC) SUPREME COURT OF INDIA Taparia Tools Ltd. v. Joint Commissioner of Income-tax, Nasik A.K. SIKRI AND ROHINTON FALI NARIMAN, JJ. CIVIL APPEAL NOS. 6366 – 6368 OF 2003 AND 6946 – 6948 OF 2004 MARCH  23, 2015 K. Radhakrishnan, Sr. Adv., Sanjay M. Shah, Rustom B. Hathikhanawala, Ms. Niranjana Singh,… Read More »

Writ petition can be filed in case of question of Law involved even if alternative remedy of filing an appeal was available

Held The questions that have been raised by the appellant being absolutely pure questions of law, the High Court should have decided these matters. SUPREME COURT OF INDIA Aircel Ltd. v. Commercial Tax Officer DIPAK MISRA AND SHIVA KIRTI SINGH, JJ. WRIT PETITION (CIVIL) NOS. 1055 & 1057 OF 2013 & OTHERS APRIL  22, 2016… Read More »

No need to send individual notices to Directors u/s 138 of Negotiable Instruments Act

Held In our view, Section 138 of the Act does not admit of any necessity or scope for reading into it the requirement that the directors of the Company in question must also be issued individual notices under Section 138 of the Act. Such directors who are in charge of affairs of the Company and… Read More »

Period of limitation expire, Assessement time can’t be extended :SC

Period of limitation   Facts of the Case The Assessing Officer sent notices to the respondent- assessee in Form ST-XIV forAssessment Years 2000- 01, 2001-02, 2002-03 and 2003-04., i.e., after the expiry of three years. The assessee took an objection that these notices were sent beyond the period of assessment and, therefore, it was not… Read More »

Higher Secondary School certificate acceptable as age proof : Supreme Court

Issue whether the second respondent-Corporation was justified in rejecting the application of the appellant for allotment of retail outlet of petroleum/diesel dealership  on the ground that the age proof submitted by her was not of the Secondary School as per the norms, but of a Higher Secondary School. Held NO The requirement of the Corporation… Read More »

Period of default of TDS for Interest recovery is from date of deductibility till date of actual payment of tax

SUPREME COURT OF INDIA Commissioner of Income tax, New Delhi v. Eli Lilly & Co. (India) (P.) Ltd.  S.H. KAPADIA AND AFTAB ALAM, JJ. CIVIL APPEAL NOS. 5114 OF 2007 AND OTHERS MARCH 25, 2009 A perusal of section 201(1) and section 201(1A) shows that both these provisions are without prejudice to each other. It… Read More »

Human intervention is required u/s 194 J for deducting TDS on Fees for Technical Services

SUPREME COURT OF INDIA Commissioner of Income-tax, Delhi v. Bharti Cellular Ltd. S.H. KAPADIA, CJ. K.S. RADHAKRISHNAN, J. CIVIL APPEAL NOS. 6691 TO 6699 OF 2010 AUGUST 12, 2010 Civil Appeal Nos. 6696/2010, 6697/2010, 6698/2010 and 6699/2010 arising out of S.L.P. (C) Nos. 13027/2009, 13029/2009, 13030/2009 and 20909/2009 are taken on Board along with these… Read More »

Date of failure is relevant for the purpose of Imposing penalty : Supreme Court

Facts of the Case :- Initial Summons to the Respondent was dated 23.7.2002.   (Thus SEBI’s summons to respondent to furnish required documents prior to 29-10-2002.) The Respondent sought time till 20.8.2002 to provide the documents and information sought by the Appellant, and thereafter sought further time till 31.8.2002 and then 30.9.2002.SEBI sent a reminder letter… Read More »

Income from project before commissioning are capital receipts : Supreme Court

Brief Facts of the Case ;- Assessee-company was in process of constructing and erecting its plant and had not started any business during relevant assessment years .Three heads under which the assessee has received certain amounts. These are the i) rent charged by the assessee to its contractors for housing workers and staff employed by… Read More »

Annual turnover of the stock broker for registration fee include the entire transaction ; Supreme Court

Issue :-  Interpretation of the term ‘annual turnover’ as it finds mention in the Explanation after paragraph 3 of Schedule III to the Securities & Exchange Board of India (Stock Brokers & Sub-brokers) Regulations, 1992 (for brevity, ‘the Regulations’). The aforesaid Explanation reads as follows : “Explanation. – For the purpose of paragraphs 1, 2 and… Read More »

SC suo motu PIL to consider Suffering by Muslim women due to “arbitrary” divorce rules

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.7217 OF 2013 PRAKASH & ORS. …APPELLANTS VERSUS PHULAVATI & ORS. …RESPONDENT The Supreme Court has ordered registration of a PIL and urged Chief Justice H L Dattu to set up a Special Bench to consider gender discrimination suffered by Muslim women owing to “arbitrary… Read More »

Market value of vacant land to be taken over by Govt can not exceed compensation amount ; Supreme Court

“Whether, for the purposes of Wealth Tax Act (hereinafter referred to as the ‘Act’), the market value of the vacant land belonging to the assessee should be taken at the price which is the maximum compensation payable to the assessee under the Urban Land Ceiling Act, 1962?” Held Yes  Assessing Officer was not justified in… Read More »

Seller entitled for Compensation in case unduly delay by purchaser : Supreme Court

while dealing with a matter pertaining to specific performance of an agreement for sale of property, it was held that if the purchaser is entitled to claim compensation for deterioration, a fortiori the vendor should also be entitled to compensation for accretion in value of the subject matter of the agreement for specific performance, in case the execution thereof… Read More »

It is the prerogative of the Central Government to accept or reject th recommendations of the Wage Boards : Supreme Court

SUPREME COURT OF INDIA ABP Pvt. Ltd. & Anr. v. Union of India & Ors. [WritPetition (Civil) No. 246 of 2011], 7th February, 2014 while holding that the Justice Majithia Wage Boards for Working Journalists and Non-Journalist Newspaper and News Agency Employees followed certain well laid down principles and norms while making recommendations, it was furthe held that… Read More »

Amendment regarding equal right for daughters over property is prospective: Supreme Court

SUPREME COURT OF INDIA PRAKASH & ORS VERSUS PHULAVATI & ORS. CIVIL APPEAL NO.7217 OF 2013 Date : 16/10/2015 Issue :  whether Hindu Succession (Amendment) Act, 2005 (‘the Amendment Act’) will have retrospective effect. ? Facts of the case :- According to the case of the plaintiff, the suit properties were acquired by her late… Read More »

Special Judge is not expected to try non PC offences totally unconnected with any PC offences under Prevention of Corruption Act

Supreme Court of India State through CBI, New Delhi v. Jitender Kumar Singh [Criminal Appeal No.943 of 2008], 5th February, 2014 It was held that “a Special Judge exercising powers under the Prevention of Corruption Act, 1988 is not expected to try non-PC offences totally unconnected with any PC offences under Section 3(1) of the… Read More »

Mere issuance of a notice under Section 35(3) of the Indian Forest Act, 1927 is not sufficient for any land being declared a “private forest” : Supreme Court

Supreme Court of India Godrej & Boyce Mfg. Co. Ltd. & Anr. v. The State of Maharashtra & Ors. [Civil Appeal No.1102 of 2014] 30th January, 2014  It was held that the mere issuance of a notice under Section 35(3) of the Indian Forest Act, 1927 is not sufficient for any land being declared a… Read More »

Compensation Deposited in the government treasury not equivalent to paid to landowners : Supreme court

Supreme Court of India  Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & Ors. [Civil Appeal No. 877 of 2014],  24th January, 2014 In a land acquisition matter, it was held that deposit of the amount of compensation in the government treasury cannot be said to be equivalent to the amount of compensation paid… Read More »

Stay of disciplinary proceedings advisable in case criminal charge is grave : Supreme Court

Supreme Court of India M/s Stanzen Toyotetsu India P. Ltd. v. Girish V & Ors.  [Civil Appeal Nos. 763-768 of 2014], 21st January, 2014 Question arose for consideration as to whether disciplinary proceedings initiated by appellant-company against its employees (respondents) ought to remain stayed pending conclusion of the criminal case instituted against the respondents in… Read More »