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Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where requests for arbitration were made before the Amendment Act, 2015 came into force, the pre-amended provisions apply, and the High Court must respect the agreed procedure for appointment of arbitrator under Clause 64(3) of GCC.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where parties have agreed on a procedure for appointment of arbitrator, the court must respect it unless bias or failure is shown.

29 Mar 2019

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

Supreme Court

Supreme Court Allows Appeal in Customs Valuation Dispute — Mandamus Issued to Assess Imported Scrap on Transaction Value. Court Holds That Declared Transaction Value Must Be Accepted Unless Proper Officer Follows Procedure Under Section 14 and Rule 12 of Customs Valuation Rules, 2007.

27 Mar 2019

The appellants, Century Metal Recycling Pvt. Ltd. and Gauri Shankar Agarwala, filed a writ petition before the Allahabad High Court challenging the pr...

Supreme Court

Supreme Court Remands Revenue's Appeal in Income Tax Deduction Dispute for Failure to Frame Substantial Question of Law. High Court's Dismissal Set Aside as It Did Not Decide Applicability of Section 35D of the Income Tax Act, 1961 to a Bank Claiming Status as Industrial Undertaking.

15 Mar 2019

The Supreme Court allowed the appeal filed by the Principal Commissioner of Income Tax-8 against the judgment of the Bombay High Court dated 01.08.201...

Supreme Court

Supreme Court Dismisses Appeals Challenging Ceiling Orders Under Haryana Ceiling on Land Holdings Act, 1972 — Civil Suits Barred by Section 26 of the Act. The Court held that the civil suits challenging the Prescribed Authority's order were expressly barred by Section 26(b) of the Act, and the proper remedy was an appeal/revision under Section 18 of the Act.

15 Mar 2019

The appeals arose from two civil suits challenging an order dated 17.10.1978 passed by the Prescribed Authority under the Haryana Ceiling on Land Hold...

Supreme Court

Supreme Court Allows Mother's Appeal in NRI Child Custody Dispute — Best Interest of Child Requires Full Hearing Before Return. The Court set aside the High Court's order for immediate return of children to the US, directing the Family Court to decide custody based on welfare, not merely on comity or habitual residence.

15 Mar 2019

The case involves a custody dispute between Lahari Sakhamuri (mother/appellant) and Sobhan Kodali (father/respondent) over their two minor children, b...

Supreme Court

Supreme Court Remands Income Tax Appeal Dismissed as Infructuous Due to Company Dissolution Under Section 560(5) of Companies Act, 1956. High Court Failed to Consider Relevant Provisions of Companies Act and Income Tax Act Regarding Continuing Liability of Dissolved Companies.

12 Mar 2019

The appeal arose from a judgment of the Rajasthan High Court dismissing the Income Tax Department's appeal under Section 260A of the Income Tax Act, 1...

Supreme Court

Supreme Court Dismisses Repeated Enrolment Attempts by Advocate Whose Earlier Enrolment Was Cancelled for Misrepresentation. The Court held that subsequent acquittal does not cure the initial suppression of facts under Section 26 of the Advocates Act, 1961, and repeated applications constitute abuse of process.

1 Mar 2019

The appellant, Anand Kumar Sharma, was enrolled as an advocate with the Bar Council of Himachal Pradesh in July 1988. He later transferred his enrolme...

Supreme Court

Supreme Court Upholds Denial of Bail to Accused in Terror Funding Case Under Unlawful Activities (Prevention) Act, 1967 — High Court Order Set Aside for Erroneous Application of Section 43D(5) Bar. The Court held that the bar under Section 43D(5) applies when the court finds a prima facie case, and the High Court's approach was contrary to law.

1 Mar 2019

The Supreme Court allowed the appeal filed by the National Investigation Agency (NIA) against the Delhi High Court's order granting bail to Zahoor Ahm...

Supreme Court

Supreme Court Remands Revenue's Appeal to High Court for Lack of Reasoning and Failure to Frame Substantial Questions of Law Under Section 260A of the Income Tax Act, 1961. The High Court's order dismissing the appeal without assigning reasons or framing substantial questions of law was set aside as legally unsustainable.

27 Feb 2019

The Supreme Court allowed the appeal filed by the Commissioner of Income Tax against the judgment of the Rajasthan High Court, which had dismissed the...

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