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Supreme Court

Supreme Court Refers Conflict on Taxability of Tobacco Products to Constitution Bench for Clarification on Precedent Doctrine. Dispute Involves Whether Pan Masala Containing Tobacco Covered Under Additional Duties of Excise Act, 1957 is Exempt from State Sales Tax Under Various State Enactments.

19 Sep 2022

The Supreme Court considered a batch of appeals concerning the taxability of pan masala containing tobacco and gutka under various State sales tax act...

Supreme Court

Supreme Court Sets Aside High Court Judgment on Architectural Education Standards Due to Erroneous Interpretation of Statutory Provisions. The Council of Architecture May Prescribe Minimum Standards Under Section 21 Without Prior Central Government Approval Under Section 45 of Architects Act, 1972, as Communications Are Not Regulations.

14 Feb 2022

The dispute arose from a writ petition filed by a society of professional architects serving as teaching faculty, challenging communications dated 31....

Supreme Court

Supreme Court Allows Appeal in Administrative Tribunals Act Case on Jurisdictional Grounds - High Court at Calcutta Found Lacking Jurisdiction to Review Transfer Order Passed by Principal Bench at New Delhi. Judicial Review of Tribunal Transfer Orders Under Article 226/227 Lies with High Court Within Whose Territorial Jurisdiction the Tribunal Bench Passing the Order is Located, Not Where Original Application Was Filed Under Section 25 of Administrative Tribunals Act, 1985.

6 Jan 2022

The Supreme Court addressed a jurisdictional question concerning judicial review of transfer orders passed by the Central Administrative Tribunal unde...

Supreme Court

Supreme Court Dismisses Promoter's Appeal in Real Estate Regulation Case, Upholding Authority's Jurisdiction and Pre-deposit Condition. The court affirmed that a single member of the Real Estate Regulatory Authority has jurisdiction to order refunds under Section 18 of the Real Estate (Regulation and Development) Act 2016, and the pre-deposit requirement under Section 43(5) is valid for statutory appeals.

11 Nov 2021

The dispute arose from appeals filed by promoters and real estate developers against orders of the High Court of Allahabad, which had dismissed their ...

Supreme Court

Supreme Court Quashes High Court's Retrospective Enhancement of Retirement Age in Service Regulations Case. High Court Exceeded Judicial Review Limits by Ordering Retrospective Effect from 2002 for Age Enhancement Under UP Industrial Area Development Act, 1976 and NOIDA Regulations, 1981.

15 Jul 2021

The dispute arose from the enhancement of the retirement age for employees of the New Okhla Industrial Development Authority (NOIDA) from 58 to 60 yea...

Supreme Court

Supreme Court Directs Winding Up of Mutual Fund Schemes and Interprets SEBI Regulations. The Court examined the interrelation and constitutional validity of Regulations 39 to 42 with Regulation 18(15)(c) of the SEBI (Mutual Funds) Regulations, 1996, while deferring final adjudication pending statutory proceedings under the SEBI Act, 1992.

14 Jul 2021

The Supreme Court of India addressed civil appeals concerning the interpretation and application of the Securities and Exchange Board of India (Mutual...

Supreme Court

Supreme Court Allows Appeal in Arbitration Petition Under Section 11 of Arbitration and Conciliation Act, 1996 - Family MoU Binding on Shareholders. The court held that a family Memorandum of Understanding containing an arbitration clause constitutes a valid arbitration agreement, enforceable under Section 11 of the Arbitration and Conciliation Act, 1996, and binding on heirs and successors.

6 Apr 2021

The appeal arose from the dismissal of a petition under Section 11 of the Arbitration and Conciliation Act, 1996, filed before the High Court of Delhi...

Supreme Court

Supreme Court Dismisses Department's Appeal in Permanent Establishment Tax Dispute Under India-Korea DTAA. Court Upholds ITAT's Finding of Permanent Establishment but Remands Profit Attribution for Fresh Assessment Due to Insufficient Material.

22 Jul 2020

The dispute arose from the taxability of income attributable to a permanent establishment set up in India by Samsung Heavy Industries Co. Ltd., a Sout...

Supreme Court

Supreme Court Remands Oppression Petition in Share Allotment Dispute Under Sections 397/398 of Companies Act, 1956 — Preference Shareholder's Voting Rights and Validity of Allotments Require Reconsideration. The Court held that the allotments were made in compliance with Section 81(1A) but the High Court failed to properly assess the allegations of oppression, necessitating a fresh hearing by the Company Law Board.

10 May 2019

The appeal arose from a judgment of the Delhi High Court which set aside an order of the Company Law Board (CLB) in a petition under Sections 397 and ...

Supreme Court

Supreme Court Allows Appeal in Panchayat No-Confidence Motion Dispute — MP's Inclusion for Quorum and Vote Upheld. The Court held that the Member of Parliament representing the Union Territory is a member of the Panchayat Samiti with full voting rights, including in no-confidence motions, under the Andaman and Nicobar Islands (Panchayats) Regulation, 1994.

1 May 2019

The appeal arose from a dispute concerning the inclusion of a Member of Parliament (MP) representing the Union Territory of Andaman and Nicobar Island...

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