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Supreme Court

Supreme Court Allows Appeal and Restores Developer as Party in Consumer Complaint Under RERA — Deletion Order Set Aside Due to Prima Facie Connection with Project. The Court held that the definition of 'promoter' under Section 2(zk) of the Real Estate (Regulation and Development) Act, 2016 includes both the entity constructing and the entity selling apartments, and deletion at preliminary stage is not warranted if there is prima facie material showing connection.

25 Mar 2019

The Supreme Court allowed the appeal filed by the Association for Consumer Welfare and Aid against the order of the National Consumer Disputes Redress...

Supreme Court

Supreme Court Allows Appeals and Remands Tax Settlement Case to Settlement Commission for Fresh Determination on Waiver of Interest. High Court's Modification of Settlement Commission Order Set Aside for Lack of Jurisdiction.

5 Mar 2019

The appeals arose from a dispute between Kakadia Builders Pvt. Ltd. and its promoter director (appellants/assessees) and the Income Tax Officer and Re...

Supreme Court

Supreme Court Holds Section 15J Factors Illustrative in SEBI Penalty Adjudication. Adjudicating Officer Retains Discretion to Consider Mitigating Circumstances Beyond Stipulated Factors Under SEBI Act.

28 Feb 2019

The Supreme Court of India adjudicated a reference arising from multiple civil appeals concerning the interpretation of Section 15J of the Securities ...

Supreme Court

Supreme Court Dismisses Appeal of Lease Claimants in Slum Rehabilitation Dispute — Welfare Legislation Overrides Equitable Rights. High Court's Order Setting Aside HPC Decision and Allowing Redevelopment Upheld as Slum Act Takes Precedence Over Prospective Lessees' Claims.

11 Feb 2019

The Supreme Court dismissed the appeal arising from a slum rehabilitation dispute in Mumbai. The appellants, legal representatives of Lullu Vas, claim...

Supreme Court

Supreme Court Allows Appeals Against Revocation of Patent for Bt Cotton Technology, Remands for Trial on Patent Validity and Infringement Issues. The Court held that patent validity under Section 3(j) of the Patents Act, 1970 cannot be summarily decided without trial and requires expert evidence.

8 Jan 2019

The Supreme Court heard a batch of appeals arising from a suit for permanent injunction filed by Monsanto Technology LLC and others (plaintiffs) again...

Supreme Court

Supreme Court Allows Revenue's Appeal in Income Tax Case — Upholds Addition Under Section 68 for Unexplained Share Capital. Assessee Failed to Prove Identity, Creditworthiness, and Genuineness of Investor Companies Despite Receiving Share Premium at Rs. 190 per Share.

1 Jan 2019

The present appeal arises from a judgment of the Delhi High Court in an income tax appeal concerning the assessment year 2009-10. The respondent-asses...

Supreme Court

Supreme Court Allows Revenue's Appeal in Share Capital/Premium Case — Assessee Failed to Prove Identity, Creditworthiness, and Genuineness of Investors Under Section 68 of Income Tax Act. The onus under Section 68 is on the assessee to establish the identity, creditworthiness, and genuineness of transactions; mere production of documents is insufficient when investor companies are non-existent or unresponsive.

1 Jan 2019

The present appeal arises from a judgment of the Delhi High Court in an income tax appeal concerning the assessment year 2009-10. The respondent-asses...

Supreme Court

Supreme Court Upholds NCLAT Decision on Mandatory 75% Voting Share for Resolution Plan Approval Under I&B Code. Financial Creditors' Rejection of Resolution Plan for Kamineni Steel & Power India Pvt. Ltd. and Innoventive Industries Ltd. Leads to Liquidation as Plan Did Not Garner Required Majority.

6 Sep 2018

The Supreme Court of India heard appeals arising from a common judgment of the National Company Law Appellate Tribunal (NCLAT) dated 6 September 2018,...

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