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Supreme Court

Supreme Court Dismisses State's Appeal in Gujarat Sales Tax Act Case Due to No Breach of Exemption Conditions and Application of Promissory Estoppel. The assessee was entitled to exemption under Entry No.255(2) of Notification dated 05.03.1992 as raw materials were used in the eligible unit, and subsequent amendments did not retroactively impose liabilities, upholding the principle of promissory estoppel under Section 49(2) of the Gujarat Sales Tax Act, 1969.

21 Jan 2022

The dispute arose from the State of Gujarat's appeal against the High Court's dismissal of its tax appeals, which upheld the Gujarat Value Added Tax T...

Supreme Court

Supreme Court Allows Appeal in Partition Suit Based on Daughter's Inheritance Rights Under Pre-1956 Hindu Law. Property Deemed Self-Acquired, Daughter Inherits by Succession, Not Survivorship, Under Mitakshara Principles, Leading to Partition Decree for Appellants.

20 Jan 2022

The dispute arose from a partition suit filed by Thangammal, claiming a 1/5th share in properties originally owned by Marappa Gounder. The suit was di...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit Under Specific Relief Act 1963 - Upholds Decree for Specific Performance Based on Plaintiff's Readiness and Willingness. The Court affirmed that time was not of the essence, discharge of mortgage was a condition precedent, and the plea under Order II Rule 2 CPC was not raised in the written statement and thus barred.

20 Jan 2022

The appeal arose from a judgment and order dated 7 January 2019 of a Single Judge of the High Court of Judicature at Madras, which dismissed the secon...

Supreme Court

Supreme Court Quashes Mandamus Directing Acceptance of Basic Tax on Vested Forest Land - Kerala Land Tax Act, 1961 and Kerala Private Forests (Vesting and Assignment) Act, 1971. The Court held that writ of mandamus cannot be issued to establish rights over land vested with government under Section 3 of Kerala Private Forests (Vesting and Assignment) Act, 1971, where respondents' purchase certificates were cancelled and civil jurisdiction barred under Section 13.

19 Jan 2022

The dispute arose from conflicting claims over land in Naduvil village, Kerala, involving the Village Officer, Kannur District, and others as appellan...

Supreme Court

Supreme Court Quashes High Court Order in Civil Appeal Due to Procedural Error in Remand and Directs First Appellate Court to Decide Delay Condonation and Merits. High Court Erroneously Set Aside Trial Court's Ex Parte Decree While Hearing Second Appeal Against Dismissal on Limitation Grounds, Contrary to Code of Civil Procedure, 1908, Section 96 and Appellate Procedure.

18 Jan 2022

The dispute originated from a suit for declaration and possession filed by the appellants (original plaintiffs) against the respondent (original defen...

Supreme Court

Supreme Court Allows Employee's Appeal in Employment Contract Dispute Over Overseas Deputation Clause. The Court held that a business visit does not constitute deputation under the contract as deputation requires a tripartite consensual agreement and written evidence, which was lacking.

12 Jan 2022

The appeal arose from a judgment of the High Court of Punjab & Haryana in a second appeal, concerning a dispute over an employment contract clause rel...

Supreme Court

Supreme Court Partly Allows Appeals in Income Tax Dispute Over Disallowance of Fees and Taxes Under Section 40(a)(iib) of Income-tax Act, 1961. The Court upheld the High Court's finding that gallonage fee, licence fee, and shop rental for FL9 licences were disallowable as exclusive levies on a State Government undertaking, while those for FL1 licences were not exclusive, and surcharge on sales tax and turnover tax were not fees or charges under Section 40(a)(iib) of the Income-tax Act, 1961.

3 Jan 2022

The appeals arose from a common judgment of the High Court of Kerala in income tax matters involving Kerala State Beverages Manufacturing & Marketing ...

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