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Supreme Court

Supreme Court Refers to Larger Bench Whether Investigation by Complainant Police Officer Under NDPS Act Vitiate Trial — Mohan Lal Decision's Applicability Examined. The court considers the conflict between Mohan Lal v. State of Punjab (holding trial vitiated) and Varinder Kumar v. State of Himachal Pradesh (holding prospective application) and refers the matter to a five-judge bench.

31 Aug 2020

This judgment arises from a batch of special leave petitions challenging convictions under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

Supreme Court

Supreme Court Upholds High Court in Capital Gains Tax Case — Accrual Occurs on Date of Award, Not Notification. Transfer of Capital Asset Under Section 45 of Income-tax Act, 1961 Is Complete Only When Compensation Is Determined by Collector's Award, Even if Possession Taken Earlier.

25 Aug 2020

The case concerns the assessment year 1971-1972 for the assessee Amrik Singh HUF, whose land was acquired by the Haryana Government for a college play...

Supreme Court

Supreme Court Dismisses Appeals in Company Law Dispute Over Maintainability of Oppression and Mismanagement Petition. Nomination Under Section 72 of Companies Act, 2013 Vests Rights in Nominee, Excluding Legal Heirs from Claiming Shares for Petition Maintainability Under Sections 241 and 242.

6 Jul 2020

The dispute arose from a family tussle following the death of Mr. Abhey Kumar Oswal, who held significant shares in Oswal Agro Mills Ltd. and Oswal Gr...

Supreme Court

Supreme Court Allows Appeal in Income Tax Case: Subscriptions Received Under Collective Investment Schemes Held to be Capital Receipts Not Income. Peerless General Finance's Subscriptions Not Forfeited During Assessment Years, Hence Not Taxable as Income.

9 Jul 2019

The appeal arose from a dispute between The Peerless General Finance and Investment Company Ltd. (appellant) and the Commissioner of Income Tax (respo...

Supreme Court

Supreme Court Allows Appeal Against Interim Compensation Order Under Section 143A NI Act for Pre-Amendment Offences. Section 143A of the Negotiable Instruments Act, 1881, is Prospective and Cannot Apply to Complaints Filed Before Its Insertion on 1 September 2018.

1 Jul 2019

The case arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed in 2016 against the appellant G.J. Raja by the respon...

Supreme Court

Supreme Court Remands Oppression Petition in Share Allotment Dispute Under Sections 397/398 of Companies Act, 1956 — Preference Shareholder's Voting Rights and Validity of Allotments Require Reconsideration. The Court held that the allotments were made in compliance with Section 81(1A) but the High Court failed to properly assess the allegations of oppression, necessitating a fresh hearing by the Company Law Board.

10 May 2019

The appeal arose from a judgment of the Delhi High Court which set aside an order of the Company Law Board (CLB) in a petition under Sections 397 and ...

Supreme Court

Supreme Court Dismisses Appeal of Distribution Licensee in Standby Charges Dispute with Another Licensee — Standby Charges Fixed by Government Order and Principles of Agreement Held Binding. The court upheld the Appellate Tribunal's order that TPC could not recover standby charges beyond Rs.3.5 crores per month from BSES/REL for the 275 MVA facility, as per the Government of Maharashtra's order dated 19.1.1998 and the Principles of Agreement dated 30.1.1998.

2 May 2019

The case involves a dispute between Tata Power Company Ltd. (TPC), a distribution licensee supplying electricity to the entire city of Mumbai, and Ada...

Supreme Court

Supreme Court Allows Insurer's Appeal in Life Insurance Claim Repudiation Case Due to Suppression of Previous Policy. Non-disclosure of existing life insurance policy in proposal form held to be material misrepresentation entitling insurer to repudiate claim within two years under Section 45 of Insurance Act, 1938.

24 Apr 2019

The case involves an appeal by Reliance Life Insurance Co Ltd against the decision of the National Consumer Disputes Redressal Commission (NCDRC) whic...

Supreme Court

Supreme Court Allows Appeal in Karnataka Land Reforms Case — Restores Land Tribunal's Grant of Occupancy Rights Over Punja Land. The Court held that the High Court erred in setting aside the Tribunal's findings of fact regarding possession and cultivation as on the appointed date.

23 Apr 2019

The case involves a dispute over occupancy rights under the Karnataka Land Reforms Act, 1961. The appellant's predecessor, Bona Menezes, claimed tenan...

Supreme Court

Supreme Court Allows Appeal in Karnataka Land Reforms Act Case — Restores Land Tribunal's Order Granting Occupancy Rights. Possession and Cultivation of Punja Land as on Appointed Date Sufficient to Establish Tenancy Under Sections 44 and 45 of the Karnataka Land Reforms Act, 1961.

23 Apr 2019

The Supreme Court allowed the appeal against the High Court's judgment that had set aside the Land Tribunal's order granting occupancy rights to the a...

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