SCC Snippets| Contract of Insurance vis-à-vis the requirement of uberrima fides
In Vikram Greentech (I) Ltd. v. New India Assurance Co. Ltd., (2009) 5 SCC 599, the bench of DK Jain and RM
Interpretation
Explained| Section 263 of Income Tax Act: Date of order or receipt of order – When does the limitation clock starts ticking?
Supreme Court: Interpreting Section 263(2) of the Income Tax Act, 1961, the bench of MR Shah* and AS Bopanna, JJ has held that receipt
Nomenclature of a Tax does not determine the nature of the levy or its true character: Supreme Court
Supreme Court: The 3-judg bench of Dr. DY Chandrachud*, Vikram Nath and BV Nagarathna, JJ has upheld the validity of Sections 52
IBC and Limitation| Words “order is made available to the aggrieved party” consciously omitted from Section 61(1)&(2): SC. Read why
“The IBC, as a prescriptive mechanism, affecting rights of stakeholders who are not necessarily parties to the proceedings, mandates diligence on the part of applicants who are aggrieved by the outcome of their litigation.”
Explained| “A very strange provision”: Section 85A of the Maharashtra Tenancy and Agricultural Lands Act, 1948
Supreme Court: The bench of Hemant Gupta and V. Ramasubramanian, JJ has explained the scope of a “very strange provision” under Section
Is Irrigation Department a factory? Will it be governed by Industrial Disputes Act? Supreme Court analyses
“Overall activities and functions of the Irrigation Department would have to be considered while deciding the question whether it is carrying on manufacturing activities.”
Explained: Explanation 3C of Section 43B of Income Tax Act, 1961 clarificatory or adds a new condition?
Supreme Court: The division bench of RF Nariman* and BR Gavai, JJ has explained the object and scope of Explanation 3C of
Explained| When can proviso (6) to Section 92 of Evidence Act, 1872 be invoked?
Supreme Court: Explaining the scope of Section 92 Proviso (6) of the Evidence Act, 1872, the 3-judge bench of NV Ramana, CJ* and
Judges need to be extra careful while conducting criminal trials relating to dowry deaths: Supreme Court [Read guidelines]
Supreme Court: In a case relating to dowry death, the bench of NV Ramana*, CJ and Aniruddha Bose, J has said that
After one year of marriage, woman burnt to death over dowry. Supreme Court finds accused guilty; explains the true import of “soon before” under Section 304-B IPC
“When the legislature used the words, “soon before” they did not mean “immediately before”. Rather, they left its determination in the hands of the courts.”
Explained| Interpretation of Contracts: Not our duty to delve deep into the intricacies of human mind: Supreme Court
Supreme Court: The bench of L. Nageswara Rao* and Vineet Saran, JJ has shed light on how Courts should proceed while interpreting
Utt HC| Principle of interpretation states that each part of the statute, rules or regulations should be given meaning so as to make them workable; Court quashes advertisement for recruitment for post of Assistant Clerk
Uttaranchal High Court: Ravindra Maithani, J., allowed a writ petition which was filed by the petitioner who was aggrieved by the advertisement
Whether a residential accommodation for nuns/students would fall under “religious or educational purposes” and be qualified for tax exemption? Supreme Court explains
Supreme Court: The Division Bench comprising of R. F. Nariman* and B.R. Gavai, JJ., addressed the instant case regarding statutory interpretation. The
Proceedings instituted under Consumer Protection Act, 1986 not to be transferred to fora created under 2019 Act with newly prescribed pecuniary limits: Supreme Court
“One can imagine the serious hardship that would be caused to the consumers, if cases which have been already instituted before the NCDRC were required to be transferred to the SCDRCs as a result of the alteration of pecuniary limits by the Act of 2019.”
Interpreting ‘similar words’ in ‘distinct settings’ – A short explainer by Supreme Court
“Words are after all, a vehicle for communicating ideas, thoughts and concepts. A one-size-fits-all analogy may not always hold good when we construe similar words in entirely distinct settings.”
‘Section 138 NI Act proceeding a “civil sheep” in a “criminal wolf’s” clothing’; quasi criminal proceedings against corporate debtor covered under Section 14(1)(a) IBC : SC
“A Section 138 proceeding can be said to be a “civil sheep” in a “criminal wolf’s” clothing, as it is the interest of the victim that is sought to be protected, the larger interest of the State being subsumed in the victim alone moving a court in cheque bouncing cases.”
Aggrieved by an order refusing condonation of delay in filing application under section 34 of the Arbitration Act, 1996? Appeal lies, holds Supreme Court
“Undoubtedly, a limited right of appeal is given under section 37 of the Arbitration Act, 1996. But it is not the province or duty of this Court to further limit such right by excluding appeals which are in fact provided for, given the language of the provision.”
Australian Court provides interpretation highlighting distinction between recognition and enforcement of arbitral awards vis-a-vis ICSID Convention
Federal Court of Australia: While deciding the instant appeal dealing with interpretational technicalities associated with international arbitration, the Court clarified the principles
Centre versus State| Who has the power to make law declaring any land within a State as a national highway? Supreme Court answers
Supreme Court: Dealing with the question whether the Parliament was competent to enact the National Highways Act, 1956 and the National Highway
Prior environmental clearance required before commencement of actual construction of a National Highway, not at the planning stage: SC
Supreme Court: The 3-judge bench of AM Khanwilkar*, BR Gavai and Krishna Murari, JJ has held that it is not necessary for