Supreme court
In Tax Matters, Strict Letter Of Law Must Be Followed; No Tax Can Be Imposed By Inference Or Analogy : Supreme Court
The Supreme Court observed that no tax can be imposed by inference or analogy when the taxing statutes do not authorize the imposition of tax. It added that tax authorities cannot bypass statutory limitation periods by administrative sanction. “In construing fiscal statutes and in determining the liability of a subject to tax one must have regard to the strict letter of law. If the...
Arbitration | Execution Of Award Cannot Be Stalled Merely Due To Pendency Of Section 37 Appeal : Supreme Court
The Supreme Court held that the execution of an arbitral award cannot be stalled merely on the ground that an appeal under Section 37 of the Arbitration and Conciliation Act is pending.A bench of Justices Manoj Misra and Ujjal Bhuyan heard the case where the appellant (award-holder/decree-holder) sought execution of the arbitral award. The respondents (judgment-debtors) argued that since...
Reasons Not Stated In An Order Can Be Considered In Limited Circumstances: Supreme Court
The Supreme Court carved out an exception to the 'speaking order' rule, holding that although the validity of an administrative order is ordinarily judged only by the reasons stated in it, the Court may, in limited circumstances, rely on existing but unstated grounds evident from the record.A bench of Justices Dipankar Datta and A.G. Masih delivered a judgment setting aside the Andhra...
Supreme Court Allows Customs Duty Exemption To LG Electronics For Smart Watch Import From Korea
The Supreme Court recently granted relief to LG Electronics India from paying customs duty on imported 'G Watch W7' smartwatches from South Korea, holding that a certificate of origin from a country with which India has a full customs duty exemption agreement is sufficient to claim such exemption. A bench of Justice JB Pardiwala and Justice Sandeep Mehta heard the LG Electronics appeal...
'Debts Incurred For Marriage Have Cascading Effect' : Supreme Court Upholds HUF Karta's Sale Of Family Property After Daughter's Marriage
The Supreme Court reaffirmed that the Karta of a Hindu Undivided Family (HUF) is empowered to alienate joint family property for purposes of 'legal necessity,' which includes a daughter's marriage. The Court clarified that such alienation remains valid even if the marriage had already taken place prior to the transfer of the property.“It is common knowledge families incur heavy debts to...
S. 223 CrPC/S. 243 BNSS | Supreme Court Lays Down Principles For Joint Trial In Criminal Cases
Interpreting Section 223 Cr.P.C (now Section 243 BNSS), the Supreme Court held that a joint trial is permissible where multiple accused are involved in offences arising out of the same transaction and a separate trial would be warranted only if the acts attributed to each accused are distinct and severable. The Court laid down the following propositions regarding the joint trial:- (i)...
