Supreme Court

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Supreme Court Upholds Assessee Firm in Income Tax Dispute Over Speculation Loss Set-Off. Speculation Loss of Registered Firm Cannot Be Apportioned Among Partners Under Second Proviso to Section 24(1) of Income-tax Act, 1922, and Must Be Carried Forward to Set Off Against Future Speculation Profits....

The dispute arose from the assessment of a firm registered under Section 26A of the Indian Income-tax Act, 1922, for the assessment years 1958-59, 1959-60, and 1960-61. The firm earned income from pro...

Supreme Court

Supreme Court Allows Revenue in Section 23A Income Tax Act Dispute — Family Shareholding and Control Block Test Misapplied. Court Rules That Inference of Concerted Action from Family Relationship and Common Interest Is Sufficient to Deem Company One in Which Public Are Not Substantially Interested Under Section 23A, Income Tax Act, 1922....

The dispute arose from income tax proceedings under section 23A of the Income-tax Act, 1922, concerning the respondent company, East Coast Commercial Co. Ltd., a public limited company with a paid-up ...

Supreme Court

Supreme Court Dismisses Accused's Appeal in Section 198 CrPC Complaint Substitution Case. Death of Complainant After Filing Complaint Under Section 198 CrPC Does Not Abate Proceedings; Court Can Substitute Prosecution Agency Under Section 495 CrPC....

The dispute arose from a criminal complaint filed under Section 198 of the Code of Criminal Procedure, 1898, before the Presidency Magistrate's 4th Court at Girgaon, Bombay. The appellant, Ashwin Nanu...

Supreme Court

Supreme Court Upholds Assessee Company in Income Tax Reference; Section 23A Order Invalid Due to Ordinance Restriction on Dividend Declaration. Deemed Distribution Under Section 23A Must Respect Legal Limits Imposed by Public Companies (Limitation of Dividends) Ordinance, 1948 on Date of Annual General Meeting....

The respondent, Godavari Sugar Mills Ltd., a public limited company, was assessed for income-tax for assessment year 1949-50 with the relevant accounting year ended May 31, 1948. At its annual general...

Supreme Court

Supreme Court Upholds Continuation of Prosecution After Death of Complainant in Marriage Offences Case. Section 198 CrPC Bar Removed by Proper Complaint; Court May Permit Any Person to Conduct Prosecution Under Section 495 CrPC, Including Mother of Deceased Complainant....

The appeal arose from an order of the Bombay High Court rejecting a revision against a Magistrate's decision to continue proceedings after the death of the complainant. The complainant, Kusum Vithal A...

Supreme Court

Supreme Court Clarifies Law on Dividend in Liquidation Under Section 2(6A)(c) of Income-tax Act, 1922. Distribution on Liquidation Attributed to Accumulated Profits to be Determined on the Basis of Accumulated Profits Immediately Before Liquidation....

The respondent company was placed under voluntary winding up by resolution dated August 23, 1952. Its paid-up capital was Rs. 25 lakhs and accumulated profits stood at Rs. 5,34,041 on the date of comm...

Supreme Court

Supreme Court Dismisses Revenue Appeal in Income Tax Registration of Partnership Firm; Partnership Firm Legally Came into Existence and Entitled to Registration Under Section 26A of Income-tax Act, 1922. Unregistered Deed of Relinquishment by Partners in Favour of Trust Did Not Invalidate Transfer of Business Assets Because Partners Only Relinquished Individual Interests and Movable Assets Were Separable....

The matter concerned registration of a partnership firm under Section 26A of the Indian Income-tax Act, 1922 for the assessment year 1943-44. The original firm, Messrs. Juggilal Kamalapat, carried on ...

Supreme Court

Supreme Court Dismisses Bank Appeals in Mistaken Credit Reversal Case. Bank Cannot Unilaterally Debit Customer's Account for Third-Party Mistake Under Section 72 of Indian Contract Act, 1872....

Background — The dispute arose from a loan transaction between Sultan Mohd. Matawali Khan and the appellant bank, Jammu & Kashmir Bank Ltd. Sultan Mohd. had borrowed Rs. 40,000 from the bank on Nove...

Supreme Court

Supreme Court Upholds Commissioner of Wealth-Tax in Disallowance of Gratuity Deduction Under Wealth Tax Act. Contingent Gratuity Liability Not a Debt Owed on Valuation Date; Income-Tax Liability Deductible....

By a reference under Section 27(1) of the Wealth Tax Act, 1957, the Supreme Court of India examined the deductibility of two claims in computing the net wealth of an assessee company for assessment ye...

Supreme Court

Supreme Court Upholds Principles of Natural Justice in Steel Allotment Cancellation Inquiry under Essential Commodities Act. Controller's Refusal to Record Oral Evidence and Definition of Error Apparent on Face of Award Scrutinized....

The dispute arose from the appellant company's need for steel sheets to manufacture barrels. Under the Essential Commodities Act, 1955, and the Iron and Steel (Control) Order, 1956, the Iron and Steel...

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Supreme Court

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Supreme Court Dismisses Accused's Appeal in Section 198 CrPC Complaint Substitution Case. Death of Complainant After Filing Complaint Under Section 198 CrPC Does Not Abate Proceedings; Court Can Substitute Prosecution Agency Under Section 495 CrPC....

Supreme Court Upholds Continuation of Prosecution After Death of Complainant in Marriage Offences Case. Section 198 CrPC Bar Removed by Proper Complaint; Court May Permit Any Person to Conduct Prosecution Under Section 495 CrPC, Including Mother of Deceased Complainant....

Supreme Court Clarifies Law on Dividend in Liquidation Under Section 2(6A)(c) of Income-tax Act, 1922. Distribution on Liquidation Attributed to Accumulated Profits to be Determined on the Basis of Accumulated Profits Immediately Before Liquidation....

Supreme Court Dismisses Bank Appeals in Mistaken Credit Reversal Case. Bank Cannot Unilaterally Debit Customer's Account for Third-Party Mistake Under Section 72 of Indian Contract Act, 1872....

Supreme Court Upholds Commissioner of Wealth-Tax in Disallowance of Gratuity Deduction Under Wealth Tax Act. Contingent Gratuity Liability Not a Debt Owed on Valuation Date; Income-Tax Liability Deductible....

Supreme Court Upholds Principles of Natural Justice in Steel Allotment Cancellation Inquiry under Essential Commodities Act. Controller's Refusal to Record Oral Evidence and Definition of Error Apparent on Face of Award Scrutinized....

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...