Union Of India Vs Tata Chemicals Limited

Hon’ble Supreme Court on refund of money by taxing authority. Providing for payment of interest in case of refund of amounts paid as tax or deemed tax or advance tax is a method now statutorily adopted by fiscal legislation to ensure that the aforesaid amount of tax which has been duly paid in prescribed time […]

Rahul S. Shah Vs Jinendra kumar Gandhi

The Hon’ble Supreme Court taking cognizance of the malaise of constant abuse of procedural provisions which defeats justice, i.e. frivolous attempts by unsuccessful litigants to putting up spurious objections and setting up third parties, to object, delay and obstruct the execution of a decree. Directed following guidelines. For More Information Contact Advocate Prakhar Gupta

Central Coalfields Limited Vs Parden Oraon

Hon’ble Supreme Court on Compassionate Appointment. The whole object of granting compassionate appointment is to enable the family to tide over the sudden crisis which arises due to the death of the sole breadwinner. The mere death of an employee in harness does not entitle his family to such source of livelihood. The authority concerned […]

Eva Glawischnig Piesczek Vs Facebook Ireland LTD

Hon’ble Court of Justice European Union on Court’s power to compel intermediaries to remove content from website. Given that a social network facilitates the swift flow of information stored by the host provider between its different users, there is a genuine risk that information which was held to be illegal is subsequently reproduced and shared […]

Sopan Sukhdeo Sable Vs Assistant Charity Commissioner

The provision contained in this rule that the plaint shall be rejected in the four cases mentioned in the rule is mandatory. In a case, therefore, where the relief claimed was properly valued, but the plaint was written upon paper insufficiently stamped, and the plaintiff, on being required by the court to supply the requisite […]

Food Corporation Of India Vs M/S.Chandu Construction

Hon’ble Supreme Court of India on Arbitration Agreement. “It is trite to say that the arbitrator being a creature of the agreement between the parties, he has to operate within the four corners of the agreement and if he ignores the specific terms of the contract, it would be a question of jurisdictional error on […]

Avitel Post Studioz Ltd Vs HSBC PI Holding (Mauritius) Ltd

The Hon’ble Supreme Court held that the scope of the arbitration agreement is defined by the Arbitration Agreement itself. And arbitration cannot proceed on public law remedies, and construction needs to be strictly done within the framework of Contract Law. After these judgments, it is clear that “serious allegations of fraud” arise only if either […]

Afcons Infrastructure Ltd Vs Nagpur Metro Rail Corpn. Ltd.

Hon’ble Supreme Court in regards with construction of a Tender Document. We must reiterate the words of caution that this Court has stated right from the time when Ramana Dayaram Shetty v. International Airport Authority of India[6] was decided almost 40 years ago, namely, that the words used in the tender documents cannot be ignored […]

Ramesh Chander Kaushal Vs Mrs. Veena Kaushal

Article 15 (1) prohibits gender discrimination and Article 15(3) lifts that rigor and permits the State to positively discriminate in favor of women to make special provisions to ameliorate their social condition and provide political, economic, and social justice. The State in the field of criminal law, service law, etc. has resorted to Article 15 […]

Vishwanath Biradar Vs Deepika

Discretion means when it said that something is to be done within the discretion of the authorities that something is to be done with the discretion of the authorities that something is to be done according to the rules of reason and justice. The power to take accused into the custody rests with investigating officer, […]