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NCLAT Dismisses Appeal of Operational Creditor Seeking Performance Pay Under IBC — Claim for Performance Pay Not an 'Operational Debt' Under Section 5(21) of IBC, 2016 as It Is Discretionary and Not Based on Provision of Goods or Services.

The appeal was filed by M. Ramakanth, an operational creditor, against the order of the National Company Law Tribunal, Hyderabad, which dismissed his ...

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Supreme Court Quashes Cognizance in Bihar Excise Case — Private Vehicle Not a Public Place Under Section 53(a) of Bihar Excise (Amendment) Act, 2016. Consumption of liquor in a private vehicle does not constitute an offence under Section 53(a) as the vehicle is not a 'public place' under the Act.

The appellants, all Rotarians, were travelling from Giridih, Jharkhand to Patna, Bihar in a private vehicle to attend a Rotary Club meeting on 25.06.2...

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High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order Refusing to Implead Parties in Suit for Specific Performance — Petitioner Lacks Direct Interest in Property and Cannot Compel Performance of Contract Between Others.

The petitioner, Sri K. Lakshmaiah Reddy, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 22.02.2022 p...

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Supreme Court Allows State Appeal, Holds Trustee of Deemed University as Public Servant Under PC Act. Interpretation of 'University' in Section 2(c)(xi) of Prevention of Corruption Act, 1988 includes Deemed Universities.

The Supreme Court allowed the appeal filed by the State of Gujarat against the judgment of the Gujarat High Court which had discharged the respondent,...

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Supreme Court Allows Tax Classification Appeal -- 'Appellants Product' Held as Fruit Drink Under UPVAT Act -- Appellants Succeeds Against Commercial Tax Commissioner

The Supreme Court allowed appeals filed by Appellants challenging the classification of their product under the Uttar Pradesh Value Added Tax Act, 200...

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Supreme Court Hears Appeals Against Orissa High Court's Order Quashing Land Settlement in Favour of Temple Managing Committee; Issue of 'Amrutamanohi' Lands Under OEA Act and Temple Act

The dispute centered on the settlement of certain lands in Puri, known as 'amrutamanohi' properties, which were claimed to be part of the endowments o...

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KAHC010224592017_1

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Supreme Court Upholds State Sales Tax on Pan Masala and Gutkha in Multiple Appeals. State Legislatures Empowered to Levy Sales Tax on These Goods Despite Central Excise Levies, as They Are Not Declared Goods Under Section 14(ix) of Central Sales Tax Act, 1956.

The Supreme Court disposed of a batch of appeals arising from judgments of three High Courts concerning the taxability of pan masala and gutkha under ...

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Supreme Court Upholds State Policy in Loan Waiver Scheme for Small and Marginal Farmers Under Article 14 Scrutiny. Classification Based on Landholding Found Rational and Non-Arbitrary, with Judicial Review Limited to Constitutional Compliance, Not Policy Wisdom.

The dispute arose from a loan waiver scheme introduced by the Government of Tamil Nadu through G.O Ms. No. 50 dated 13 May 2016, which provided waiver...