Cases Reported in Comp Cas| Latest Cases on Company Laws
Explore the latest cases reported in SCC’s Company Cases (Comp Cas) Volume on Insolvency Resolution, Winding up and Liquidation, Moratorium, Dissolution of Company, and much more.
legislative intent
Proviso to S. 26(1) of 2013 Land Acquisition Act lays down method for computing land’s market value on the date of acquisition notification: SC
“Legislative intent behind proviso to Section 26(1) is to ensure that the landowners receive fair compensation reflective of the market value prevailing at the time of acquisition”.
Supreme Court quashes gift deed executed by elderly mother in favor of son due to non-compliance with maintenance obligations under MWPSC Act
Supreme Court reiterated that it is a social obligation for both sons and daughters to maintain their parents when they are unable to do so.
Absence of specific waiver provision indicates Legislative Intent to strictly follow Section 43 of LLP Act: NCLT
“A provision vesting “inherent powers” on a Court or Tribunal are to be used sparingly and should not be used to imply and read in substantive powers where the statue itself does not prescribe such powers.”
Calcutta High Court upholds Special Designated Court’s power to try scheduled as well as other offences under PMLA
Calcutta High Court rejected the arguments regarding the discretionary nature of the provision and upheld the mandatory language of Section 44(1)(c) of the Prevention of Money Laundering Act, 2002.
Book Review| Bindal’s latest book offers insight into the contours of obscenity in law and practice, writes Vishavjeet Chaudhary
Latest addition to the landscape of jurisprudence around obscenity laws in India is Saurabh Bindal’s convincing read titled Obscenity: Prevention, Law and
Supreme Court| Section 140(5) of the Companies Act constitutional; Proceedings do not come to an end on resignation/ removal of an auditor
Supreme Court observed that if the interpretation that once an auditor resigns, the proceedings under Section 140(5) stand terminated and are no longer further required to be proceeded, an auditor may resign to avoid Tribunal’s final order and its consequence as provided under the second proviso to Section 140(5).
Explained| Can GPU Charities involved in trade claim tax exemption? [Section 2(15) of the Income Tax Act, 1961]
Supreme Court: Interpreting the proviso to Section 2(15) of the Income Tax Act, 1961 (IT Act) introduced by amendment w.e.f. 01.04.2009, the
‘Mediation can become a potent alternate dispute resolution device’; Supreme Court lists down the ways to make it possible
Supreme Court: In a case relating to pre-litigation mediation in commercial disputes, the bench of KM Joseph* and Hrishikesh Roy, JJ has
Pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015 mandatory; any violation would lead to rejection of plaint: SC
Supreme Court: The bench of KM Joseph and Hrishikesh Roy, JJ has held that the statutory pre-litigation mediation under Section 12A of
“Aspirations of any country cannot be fulfilled on the hope of foreign donation”; Read why SC upheld the amendments to the provisions of the Foreign Contribution (Regulation) Act, 2010
Supreme Court: In a major win for the Union of India, the 3-judge bench of AM Khanwilkar*, Dinesh Maheshwari and CT Ravikumar,
Saving Arbitration from Arbitration Costs: The Case of Arbitrators’ Fees
by Anhad S. Miglani & Shaurya Punj*
Section 102 CrPC doesn’t empower police to attach, seize and seal an immovable property
Supreme Court: The 3-judge bench of Ranjan Gogoi, CJ and Deepak Gupta and Sanjiv Khanna, JJ has held that the power of
Bom HC | Not necessary for rape accused to disprove absence of consent beyond reasonable doubt; conviction for rape quashed for lack of proof
Bombay High Court: Rohit B. Deo, J. allowed a criminal appeal filed against the judgment of the Additional Sessions Judge whereby the appellant
Intendment of Order XVIII Rule 3-A CPC explained – Litigant should not be permitted to bide time and fill in lacuna by appearing in witness box after examination of other witnesses: Bombay HC
Bombay High Court: A Single Judge Bench comprising of Rohit B. Deo, J. quashed the order of the trial court whereby plaintiff’s
Revisional power under Haryana General Sales Tax Act, 1973 can’t be exercised after its repeal on 1.4.2003
Supreme Court: The bench of Ranjan Gogoi and Navin Sinha, JJ held the exercise of revisional power under Section 40 of the
Legislative intent behind R. 3(2)(c) first proviso of the Karnataka Value Added Tax Rules, 2005 is to sustain realistically the benefit of trade discount
Supreme Court: In the matter where the first proviso to Rule 3(2)(c) of the Karnataka Value Added Tax Rules, 2005 was being
Central and State Governments directed to strictly enforce the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
Supreme Court: In a petition highlighting the plight of the members of Scheduled Castes and Scheduled Tribes, the Court noticed that there