Supreme Court

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Supreme Court Quashes Detention of Karta in Tax Recovery, Holds Manager Not Assessee for HUF Defaults. Ruling Clarifies that Under Section 222 of the Income Tax Act, 1961, Arrest and Detention Can Only Be Against the Defaulter Assessee, and the Karta of a Hindu Undivided Family is Not Deemed the Assessee Merely by Virtue of Representation....

Background: The case involves a writ petition under Article 32 of the Constitution filed by the karta of a Hindu undivided family challenging his arrest and detention by the Tax Recovery Officer, Hyde...

Supreme Court

Supreme Court Upholds High Court Decision That Nasik Math Not Registerable Under Bombay Public Trusts Act Due to Lack of Public Worship. Definition of 'Math' Under Section 2(9) Requires Religious Instruction and Spiritual Service, Which Were Absent in the Nasik Branch....

The case concerned the applicability of the Bombay Public Trusts Act, 1950 to a branch Math of the Shringeri Math situated at Nasik. The Assistant Charity Commissioner, Bombay, held an enquiry under s...

Supreme Court

Supreme Court Allows Creditor’s Appeal Against Direction to Exhaust Remedies Against Principal Before Proceeding Against Surety. Direction Under Order XX Rule 11(1) CPC Set Aside as Contrary to Law on Guarantees and Lacking Specific Reasons....

The appellant, Bank of Bihar Ltd., lent money to the first respondent, Damodar Prasad, on the guarantee of the second respondent. The bank filed a suit for recovery of the amount due and obtained a de...

Supreme Court

Supreme Court Dismisses Assessee's Appeal in Income Tax Deduction Dispute Over Commission Paid to General Manager. Expenditure disallowed as excess over reasonable remuneration was not laid out wholly for business purposes under Section 10(2)(xv) of the Income-tax Act, 1922....

This appeal arose from an income-tax assessment where the assessee, a woollen manufacturer, had appointed one V as General Manager. The terms of appointment included a fixed salary, car allowance, and...

Supreme Court

Supreme Court Allows Appeal in Section 80 CPC Notice Validity Dispute, Reversing High Court's Finding of Invalidity. Proprietor Who Sent Notice Under Trade Name and Filed Suit Personally Held Compliant as Notice Read as Whole Revealed Proprietor's Identity and Object of Section Fulfilled....

The appeal arose from a suit for compensation for lost goods filed by a sole proprietor against the railways. The appellant, carrying on business under the trade name M/s. Raghunath Dass Mulkhraj, sen...

Supreme Court

Supreme Court Acquits Trustee Under Bombay Public Trusts Act Due to Lack of Power to Call for Information. Request for Information About Constructions Not a 'Report' or 'Statement' Under Section 37(1)(c), Hence No Offence Under Section 67....

This appeal by the State of Gujarat arose from an acquittal by the High Court in a criminal prosecution of a trustee under the Bombay Public Trusts Act, 1950. The respondent was a trustee of a public ...

Supreme Court

Supreme Court Upholds Admissibility of Secondary Evidence Under Section 65(a) of Evidence Act in Waqf Property Dispute. Copy of Waqf Deed Held Admissible as Original Duly Proved Unavailable Despite Notice....

The appeal arose from a suit filed by the first respondent, a waqf board, against the appellants and the third respondent to set aside a lease deed executed by the third respondent in favour of the ap...

Supreme Court

Supreme Court Examines Whether Girasdar Subject to Anti-Eviction Condition Can Seek Allotment of Land for Self-Cultivation Under Saurashtra Land Reforms Act, 1951. Condition Imposed by Government of India on Grant of Land Prevents Eviction of Tenants, Raising Question Under Sections 18 and 19 of the Act....

In 1947, the Ruler of Virpur State in Saurashtra granted certain agricultural lands to Kumar Shree Digbijaysinhji (the appellant). These lands were later exchanged for others. In 1948, the administrat...

Supreme Court

Supreme Court Allows Appellants in Land Acquisition Case, Reversing High Court’s Disallowance of 15% Statutory Allowance on Value of Trees. Trees Standing on Land Are Component Part of Land Under Section 3(a) of Land Acquisition Act, 1894, and Allowance Applies to Whole Market Value....

The dispute arose from the acquisition of orchard lands belonging to the appellants under the Land Acquisition Act, 1894. The Land Acquisition Collector awarded compensation, which the appellants foun...

Supreme Court

Supreme Court Dismisses Surgeon’s Appeal and Upholds Award of Damages for Medical Negligence in Fracture Treatment. Concurrent Findings of Excessive Force and Lack of Anaesthetic in Reduction of Femur Fracture Constitute Gross Negligence Causing Patient’s Death....

The matter arose from a suit for damages filed by the first respondent, the father of a young patient, against the appellant, a surgeon, alleging medical negligence resulting in the death of his son. ...

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Supreme Court

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Supreme Court Upholds High Court Decision That Nasik Math Not Registerable Under Bombay Public Trusts Act Due to Lack of Public Worship. Definition of 'Math' Under Section 2(9) Requires Religious Instruction and Spiritual Service, Which Were Absent in the Nasik Branch....

Supreme Court Allows Creditor’s Appeal Against Direction to Exhaust Remedies Against Principal Before Proceeding Against Surety. Direction Under Order XX Rule 11(1) CPC Set Aside as Contrary to Law on Guarantees and Lacking Specific Reasons....

Supreme Court Dismisses Assessee's Appeal in Income Tax Deduction Dispute Over Commission Paid to General Manager. Expenditure disallowed as excess over reasonable remuneration was not laid out wholly for business purposes under Section 10(2)(xv) of the Income-tax Act, 1922....

Supreme Court Allows Appeal in Section 80 CPC Notice Validity Dispute, Reversing High Court's Finding of Invalidity. Proprietor Who Sent Notice Under Trade Name and Filed Suit Personally Held Compliant as Notice Read as Whole Revealed Proprietor's Identity and Object of Section Fulfilled....

Supreme Court Acquits Trustee Under Bombay Public Trusts Act Due to Lack of Power to Call for Information. Request for Information About Constructions Not a 'Report' or 'Statement' Under Section 37(1)(c), Hence No Offence Under Section 67....

Supreme Court Upholds Admissibility of Secondary Evidence Under Section 65(a) of Evidence Act in Waqf Property Dispute. Copy of Waqf Deed Held Admissible as Original Duly Proved Unavailable Despite Notice....

Supreme Court Allows Appellants in Land Acquisition Case, Reversing High Court’s Disallowance of 15% Statutory Allowance on Value of Trees. Trees Standing on Land Are Component Part of Land Under Section 3(a) of Land Acquisition Act, 1894, and Allowance Applies to Whole Market Value....

Supreme Court Dismisses Surgeon’s Appeal and Upholds Award of Damages for Medical Negligence in Fracture Treatment. Concurrent Findings of Excessive Force and Lack of Anaesthetic in Reduction of Femur Fracture Constitute Gross Negligence Causing Patient’s Death....

Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

Bombay High Court Dismisses MBBS Student's Writ Petition Seeking Fourth Attempt in Anatomy...

High Court of Bombay Hears Writ Petitions Challenging Tenancy Orders Under Bombay Tenancy ...

Supreme Court Allows Assessee in GST Limitation Case by Setting Aside Show Cause Notice fo...

Supreme Court Allows Criminal Appeal Against Acquittal in Dowry Harassment Death Case, Res...

Supreme Court Restores Criminal Appeal Against Acquittal After High Court Dismissed It as ...

Supreme Court Upholds Election Petitioner in Representation of People Act, 1951 Matter on ...

Supreme Court Quashes Domestic Violence Proceedings Against Husband Based on Prior Settlem...