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Supreme Court Dismisses Writ Petition Against High Court Transfer: Government Notification Appointing District Judge Invalid for Lack of Consultation Under Article 233 of Constitution. Invalid Notification Did Not Bind High Court Which Had Power to Transfer Officer.

The petitioner, an Additional District and Sessions Judge in Bihar, challenged the Patna High Court's order transferring him from Arrah to Singhbhum a...

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Bombay High Court Dismisses Petition Challenging Recovery Certificate in Unfair Labour Practice Case — Compromise Terms Binding on Liquidator. Recovery Certificate for Rs.4,44,216/- upheld as compromise was validly entered into and not challenged.

The Petitioner, Adarsh Janata Sahakari Bank Ltd. and its Liquidator, challenged an order dated 16 October 1998 passed by the Industrial Court, Mumbai,...

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Supreme Court Allows Appeal Against Summoning Under Section 319 CrPC After Judgment of Conviction. Trial Court Cannot Summon Additional Accused After Pronouncing Judgment as It Becomes Functus Officio.

The Supreme Court considered the appeal against the summoning of Sukhpal Singh Khaira as an additional accused under Section 319 CrPC after the trial ...

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Supreme Court Upholds State's Vesting of Private Forest Land Under Kerala Private Forests (Vesting and Assignment) Act, 1971. The court affirmed the tribunal's rejection of the claimant's exemption plea due to insufficient evidence of principal cultivation as plantation under Section 2(f) of the Act.

The appeal arose from a dispute over the vesting of land under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The respondent, Popular ...

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Bombay High Court Upholds Validity of Section 21(5) of Bombay Sales Tax Act, 1989 Allowing Non-Judicial Member as President of Tribunal. Challenge to Appointment of IAS Officer as President Dismissed as Provision Does Not Violate Basic Structure.

The Sales Tax Tribunal Bar Association and its President filed a writ petition before the Bombay High Court challenging the constitutional validity of...

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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.

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...

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Bombay High Court Hears Batch of Petitions by Retailers and Others Challenging Service Tax on Renting of Immovable Property. The levy of service tax on renting was contested under the Finance Act, 1994, Sections 65–66, on constitutional grounds.

The judgment, delivered orally on August 4, 2011, by a Division Bench of the Bombay High Court comprising Dr. D.Y. Chandrachud and Anoop V. Mohta, JJ....