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Bombay High Court Allows Second Appeal in Specific Performance Suit, Remands for Fresh Consideration on Limitation. The appellate court's dismissal of suit as barred by limitation was set aside as it failed to consider the plaintiff's case that refusal occurred on 30 March 1972, not 31 March 1972.

The case involves a second appeal filed by the original plaintiff (now represented by legal heirs) against the judgment of the District Court, Solapur...

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High Court of Bombay at Goa Allows Criminal Writ Petition Seeking Concurrent Sentences Under Section 427 CrPC in Cheque Dishonour Cases. Sentences of Imprisonment Under Section 138 of Negotiable Instruments Act, 1881 Directed to Run Concurrently Considering Totality of Circumstances.

The petitioners, Mr. Krishna Venkatesh and Carl David Holiday Resorts Pvt. Ltd., were convicted by the Judicial Magistrate First Class at Mapusa, Goa,...

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Bombay High Court Allows Appeal in Arbitration Delay Case — Section 14 of Limitation Act Applicable to Section 34 Applications. Supreme Court Precedent in Consolidated Engineering Enterprises v. Principal Secretary, Irrigation Department Held Binding, District Judge's Order Condoning Delay Restored.

The case involves a Letters Patent Appeal filed by the Defence Estate Officer against the judgment of a learned Single Judge of the Bombay High Court....

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Bombay High Court Dismisses Employee's Petition Challenging Repatriation Order in MRTU & PULP Act Complaint. Transfer from EDP Section to Generation Side Held Not an Unfair Labour Practice as Employee Had No Right to Continue in Particular Post.

The petitioner, Promod Singh Hanuman Singh Parihar, was employed as a Sub-Engineer/Chargeman Grade II in the Generation side of the Maharashtra State ...

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High Court of Bombay at Goa Allows Revenue Appeal in Capital Gains Tax Case — Land Held Not Agricultural Despite Plantation. Sale of Land Adjacent to Five-Star Hotels at High Price Indicates Non-Agricultural Character Under Section 2(14) of Income Tax Act, 1961.

The case involves two appeals filed by the Commissioner of Income Tax (Revenue) against the assessees, husband and wife, who sold their ancestral prop...

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Bombay High Court Allows Revenue Appeal in Capital Gains Tax Case — Land Sold to Resort Held Not Agricultural Land. Land adjacent to five-star hotels with high sale price and lack of systematic cultivation fails to qualify as agricultural land under Income Tax Act, 1961.

The case involves two appeals filed by the Commissioner of Income Tax (Revenue) against the assessees, Minguel Chandra Pais and Maria Leila Tovar Furt...

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Bombay High Court Allows Revenue Appeal in Capital Gains Tax Case — Land Sold by Non-Resident Indians Held Not Agricultural Land. Land Adjacent to Five-Star Hotels with Barren Nature and High Sale Price Indicates Non-Agricultural Character Under Section 2(14) of Income Tax Act, 1961.

The case involves two appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribu...