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Search Results for "third party locus"

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Supreme Court

Supreme Court Hears Appeal on Taxability of Capital Gains from Transfer of Shares of a Cayman Islands Company Holding Indian Telecom Assets. The core issue involves whether the offshore transaction is liable to capital gains tax in India under the Income Tax Act, 1961, given that the company's value is derived from Indian telecom assets.

1 Aug 2026

The matter concerned a tax dispute between Vodafone International Holdings BV (VIH), a Netherlands resident company, and the Indian Revenue authoritie...

High Court

Bombay High Court Dismisses Petition for Appointment of Receiver in Share Dispute Due to Lack of Urgency and Alternative Remedy. Court holds that civil suit for specific performance and injunction is maintainable and no case for appointment of receiver under Order 40 Rule 1 CPC is made out when possession is not threatened and legal remedy is available.

3 Nov 2025

The petitioner, Aakash Educational Services Limited, filed two writ petitions (WP-11425-2024 and WP-11426-2024) seeking appointment of a receiver unde...

High Court

Bombay High Court Dismisses Petition by Aakash Educational Services Limited Challenging Arbitral Award — Court Upholds Arbitral Tribunal's Findings on Factual Issues and Contract Interpretation Under Section 34 of the Arbitration and Conciliation Act, 1996.

3 Nov 2025

The petitioner, Aakash Educational Services Limited, filed two writ petitions under Section 34 of the Arbitration and Conciliation Act, 1996 challengi...

High Court

Bombay High Court Dismisses Developer's Challenge to AGRC Order in Slum Rehabilitation Dispute. AGRC's order directing SRA to decide on eligibility of slum dwellers for rehabilitation based on cut-off date upheld as valid exercise of appellate jurisdiction under Section 33 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.

2 Apr 2024

The judgment pertains to two writ petitions filed by M/s. Sateri Builders and Developers LLP (the Developer) and Shree Gurukrupa (SRA) Co-operative Ho...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Case Upholding Rejection of Plaint Under Order 7 Rule 11 CPC. The Court Held That Res Judicata Cannot Be Determined in an Order 7 Rule 11 Application as It Requires Examination of Previous Suit Records Beyond Plaint Averments Under the Code of Civil Procedure, 1908.

9 Aug 2021

The appeal arose from a judgment of the High Court of Karnataka dismissing a revision petition against an order of the Trial Court that rejected an ap...

Supreme Court

Supreme Court Allows Execution Decree Holder to Seek Possession Against Third Party Resisters Under Order XXI Rule 97 CPC. The Court held that executing court can decide objections of third parties claiming independent title without requiring a separate suit, and amendment of execution petition is permissible to avoid multiplicity.

18 Dec 2020

The case arises from a specific performance decree obtained by Ayyavoo Udayar (predecessor of appellants) against vendors (respondent nos. 3 and 4) fo...

High Court

High Court of Karnataka Hears Revenue's Appeals Against ITAT Decision Favoring Assessee on Deduction of Distributable Surplus Payment to Brand Owner. Court Examines Whether Payment is Allowable Under Section 37 of Income Tax Act, 1961 or Constitutes Application of Income or Diversion by Overriding Title.

25 Sep 2018

The present set of five tax appeals arises under Section 260-A of the Income Tax Act, 1961, filed by the Revenue against the common order of the Incom...

High Court

Bombay High Court Dismisses Petition Challenging Registration of Advocates' Federation as Trade Union Under Trade Unions Act, 1926. Advocates' Association Held Eligible for Registration as Trade Union Under Section 2(h) of the Act, as Definition Does Not Require Members to Be 'Workmen' Under Industrial Disputes Act.

11 Aug 2017

The petitioner, I. A. Saiyed, a practicing advocate registered with the Bar Council of Maharashtra and Goa, filed a writ petition under Article 226 of...

High Court

High Court of Karnataka Dismisses Contempt Petition for Lack of Locus Standi — Third Party Cannot Initiate Contempt for Violation of Order in Writ Petition to Which It Was Not a Party. Contempt jurisdiction under Sections 11 & 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India cannot be invoked by a person who is not a party to the proceedings in which the alleged order was passed.

9 Nov 2016

The complainant, Sri Shamshuddin, filed a contempt petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the ...

High Court

Bombay High Court Allows Cooperative Bank's Writ Petition Against Sales Tax Tribunal's Refusal to Entertain Appeal Under Section 55 of Bombay Sales Tax Act, 1959 — Tribunal Directed to Decide Appeal on Merits

7 Apr 2014

The petitioner, Shikshak Sahakari Bank Limited, a cooperative bank registered under the Maharashtra Cooperative Societies Act, 1960, filed a writ peti...

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