Search Results for "section 36"

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Search Results for "section 36"

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High Court

Bombay High Court Quashes Charity Commissioner's Permission for Sale of Trust Property Due to Inadequate Valuation and Procedural Irregularities. The Court held that the Joint Charity Commissioner failed to conduct an independent assessment of market value and did not ensure compliance with tender conditions, violating Section 36(1)(a) of the Maharashtra Public Trusts Act, 1950.

7 Mar 2025

The petitioner, a former trustee of Respondent No.2 Trust, challenged an order dated 8th July 2024 passed by the Joint Charity Commissioner-2, Mumbai,...

High Court

Madras High Court Allows Appeal in Income Tax Bad Debt Write-Off Case — Assessee Entitled to Deduction for Debts Written Off in Books Even if Not Recognized by Debtor. The court held that under Section 36(1)(vii) read with Section 36(2) of the Income Tax Act, 1961, the only condition for deduction of bad debts is that the debt must be written off as irrecoverable in the books of the assessee, and there is no requirement of acknowledgment by the debtor.

27 Jan 2025

The appellant, M/s. Citadel Fine Pharmaceuticals Ltd., filed a return of income for assessment year 2009-10 under the Income Tax Act, 1961. The Assess...

Supreme Court

Supreme Court Restores Enhanced Interim Maintenance to Wife in Divorce Case — High Court's Reduction Set Aside for Ignoring Husband's Full Income and Assets. The Court held that the wife is entitled to maintain the standard of living she enjoyed in the matrimonial home, and the High Court erred by considering only two income sources while overlooking the Family Court's findings on the husband's properties and inheritance.

19 Nov 2024

The Supreme Court dealt with two appeals arising from an order of the Madras High Court reducing interim maintenance payable to the wife from Rs.1,75,...

Supreme Court

Supreme Court Directs Union of India to Recalculate Backlog Vacancies for Visually Impaired Candidate Under Persons with Disabilities Act, 1995 — Failure to Implement Reservation Since 1996 Leads to Continued Litigation. The Court held that in the absence of a notification under proviso to Section 33 excluding certain services from reservation, visually impaired candidates are entitled to reservation in those services, and interchange under Section 36 must be considered to accommodate backlog vacancies.

8 Jul 2024

The respondent no.1, a 100% visually impaired individual, appeared in the Civil Services Examination, 2008 (CSE-2008) and gave preferences for IAS, IR...

High Court

High Court of Karnataka Acquits Accused in Karnataka Excise Act Case Due to Lack of Independent Witnesses. Conviction under Section 36 of Karnataka Excise Act set aside as prosecution failed to prove sale of liquor beyond reasonable doubt.

21 Nov 2019

The petitioner, Manoj Kumar, was convicted by the II JMFC, Mangaluru in C.C.No.781/2014 for an offence punishable under Section 36 of the Karnataka Ex...

High Court

Bombay High Court Dismisses Preliminary Objection in Execution of Arbitral Award — Section 36 Arbitration Act Does Not Require Filing of Execution Application Only in Court That Would Have Heard Section 34 Application. The word 'Court' in Section 36(1) of the Arbitration & Conciliation Act, 1996 refers to the court that would execute a decree under CPC, not the court defined under Section 2(1)(e).

16 Jul 2018

The case concerns an execution application filed by the decree holder, Nandbala Nathala Mayani, to enforce an arbitral award dated 21 January 2011 aga...

High Court

Bombay High Court Dismisses Appeal Against Execution of Arbitral Award. Objections to Award Not Raised Under Section 34 Cannot Be Raised in Execution Proceedings Under Section 36 of Arbitration and Conciliation Act, 1996.

11 Jun 2018

The appellant, DoIt Computer JV, a joint venture company, was a registered contractor of the Municipal Corporation of Greater Mumbai (respondent). Dis...

High Court

Bombay High Court Allows Writ Petition Challenging Revenue Tribunal Order in Land Transfer Dispute Involving Tribal Vendor. Court holds that sale by tribal to non-tribal prior to amendment of Section 36 of Maharashtra Land Revenue Code, 1966 was valid and petitioner's possession cannot be disturbed.

18 Nov 2010

The petitioner, Nimba Bula Patil, filed a writ petition challenging the judgment and order dated 26.3.1991 passed by the Member, Maharashtra Revenue T...

High Court

Bombay High Court Allows Trustees to Sell Trust Property Despite Absence of Express Power in Trust Deed. Trustees' Inherent Power to Alienate Trust Property for Beneficial Administration Upheld Under Bombay Public Trusts Act, 1950.

11 Jan 2010

The petitioners, trustees of Shah Mulji Deoji Charitable Trust, Nagpur, filed a writ petition challenging the order of the Joint Charity Commissioner,...

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