Income Tax – Deduction of Interest Converted to Debentures – The issue was whether the issuance of debentures in lieu of interest accrued and payable constitutes "actual payment" under Section 43B. The Assessing Officer disallowed the deduction, but the CIT(A) and ITAT allowed it, holding that the issuance of debentures amounted to actual payment. [Paras 3-6]
Explanation 3...
Payment of Gratuity – Effective Date of Amendment – The appellants challenged the date of commencement of the Payment of Gratuity (Amendment) Act, 2010, which was set as 24.5.2010, asserting it should be effective from 1.1.2007. The Court upheld the executive's decision to fix the commencement date, noting that the benefit of higher gratuity is a one-time payment available only aft...
Motor Vehicle Act – Compensation for Prosthetic Limb – Continuing Mandamus – The Supreme Court held that compensation for future medical expenses, such as the maintenance and replacement of a prosthetic limb, must be awarded as a lump sum rather than through continuing directions. The Court emphasized that compensation should be determined at one go, taking into account future ev...
Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules – Compassionate Appointment – The Supreme Court upheld the High Court's decision to grant the respondent the benefit of compassionate appointment. The Court ruled that the father of the respondent, although termed a Part Time Tubewell Operator, was effectively treated as a regular employee due to ...
Insolvency and Bankruptcy Code – Section 7 – Limitation Period – The Supreme Court held that an application under Section 7 of the IBC would not be barred by limitation if the Corporate Debtor acknowledged the debt before the expiration of the limitation period of three years, thereby extending the period by another three years. An acknowledgment of debt in financial statements o...
Public Premises (Eviction of Unauthorised Occupant) Act – Government Accommodation – Retired Employees – The Supreme Court held that retired government employees, including those displaced due to terrorism, do not have an indefeasible right to occupy government accommodation on a nominal license fee. Such accommodation is meant for serving government employees to facilitate their...
Civil Procedure Code – Order 41 Rule 22 – Cross-objections – Court held that it is not necessary for a respondent to file cross-objections to challenge adverse findings if the decree is wholly in their favor – Objections can be raised against adverse findings of the lower court before the appellate court without a cross-objection – Amendments to Order XLI Rule 22 in 1...
Contempt of Court – Loan Repayment Defaults – The appellants, who guaranteed the repayment of a loan and offered immovable properties as security, failed to comply with court orders to deposit certain amounts, leading to their properties being classified as NPAs. The High Court found the appellants guilty of contempt for issuing post-dated cheques that were dishonored, not appearing in...
Wakf Act – Sections 6 and 7 – Jurisdiction of Wakf Tribunal – The Supreme Court held that the Wakf Tribunal has the jurisdiction to determine whether a property is a Wakf property when this is disputed in an eviction suit. The Tribunal can adjudicate on such matters, even if the tenant disputes the Wakf nature of the property [Paras 1-24].
Wakf Property – Eviction Suit &...
Judicial Restraint – Expunction of Remarks – Appeal by a practicing lawyer seeking expunction of adverse remarks made by a High Court Judge – Supreme Court emphasizes judicial restraint and the necessity of comments for adjudication – Offending remarks found to be unnecessary and prejudicial – Remarks ordered to be expunged to prevent future harm to the appellant'...