Search Results for "Overruled precedent"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Overruled precedent"

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High Court

Madras High Court Dismisses Revenue's Appeal in Textile Mill Machinery Replacement Case - Expenditure on Replacement of Old Machinery with Modern Equivalents Held Revenue Expenditure Under Section 37(1) of Income Tax Act, 1961. The court applied the enduring benefit test and functional utility test to determine that the new machinery did not create a new asset but merely replaced existing machinery.

9 Apr 2026

The case involves appeals by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) allowing the assessee, M/s. ...

High Court

High Court Allows Defendant to Produce Documents in Cross-Examination Despite Non-Compliance with Order VIII Rule 1A(1) of CPC. Procedural Rules as Handmaid of Justice Permit Production for Limited Purpose of Confrontation When Documents Relate to Pleaded Facts and Are Not Foreign to Case.

4 Mar 2026

The petition was filed by defendant no. 1 challenging the trial court's order rejecting his application to produce documents to confront plaintiff no....

Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

Supreme Court

Supreme Court Allows AERA's Appeal Against TDSAT Orders Under Section 31 of AERA Act — Tariff Determination Held to Be Regulatory, Not Adjudicatory, Function. Regulatory Authority Can Challenge Appellate Tribunal's Decisions on Questions of Law.

17 Oct 2024

The Supreme Court of India addressed a preliminary objection regarding the maintainability of appeals filed by the Airports Economic Regulatory Author...

High Court

Bombay High Court Dismisses Review Petition in Arbitration Appointment Case — Party Cannot Take Inconsistent Stances. Original Respondent's written commitment to a court-appointed sole arbitrator binds it, and its subsequent objection to the appointment is inequitable conduct.

13 Sep 2024

The Original Respondent (Global Zone Sanitory Infrastructure Pvt. Ltd.) filed a Review Petition against an order dated June 20, 2024, appointing a sol...

High Court

Bombay High Court Allows Return of Dispute to Civil Court in Co-operative Society Employee Termination Case — Jurisdictional Bar Under Section 91 MCS Act Does Not Preclude Return Under Order VII Rule 10 CPC. The court held that the Co-operative Court lacked jurisdiction over service disputes but could return the plaint under Order VII Rule 10 CPC for presentation before the Civil Court.

6 Aug 2024

The petitioner, Madhukar Mahadev Patil, was an employee of the Sangli Zilla Madhyawarti Sahakari Bank Ltd., a co-operative society. He was terminated ...

High Court

Karnataka High Court Allows Insurance Company's Appeal and Dismisses Claimant's Cross-Objection in Motor Accident Claim — Vehicle Not Involved in Accident and Lacked Fitness Certificate. The court held that the claimant failed to prove the involvement of the offending vehicle and that the vehicle lacked a valid fitness certificate, disentitling the claimant to compensation.

6 Nov 2020

The case involves two connected matters: an appeal by the Insurance Company (MFA No.201596/2016) challenging the judgment and award dated 16.06.2016 p...

High Court

Bombay High Court Allows Writ Petition, Holds Labour Court is a 'Court' Under Section 195(1)(b) CrPC for Making Complaint of False Evidence. Labour Court's Rejection of Section 340 Application Set Aside as Labour Court Has Jurisdiction to Entertain Complaint for False Statement in Written Statement.

8 Aug 2018

The writ petition challenged an order of the Labour Court rejecting an application under Section 340 of the Code of Criminal Procedure, 1973 (CrPC) fo...

High Court

High Court of Bombay at Nagpur Allows Insurance Company's Appeal in Motor Accident Claim — Driver Without Valid Licence Constitutes Breach of Policy Condition. Insurer Directed to Pay Compensation and Recover from Owner Under 'Pay and Recover' Principle.

20 Jul 2017

The case arises from a motor accident claim petition filed by the legal heirs of Sanjay Dongre, who died in a road accident on 7 November 2000. The de...

Tribunals

NCLAT Larger Bench Holds Shareholder/Promoter is an 'Aggrieved Person' Under Section 61 IBC and Has Locus to Challenge Section 7 Admission Order. The reference resolves conflicting views on maintainability of appeal by shareholder against admission of insolvency petition.

30 Nov -0001

The National Company Law Appellate Tribunal (NCLAT) Chennai Bench, in a larger bench of three members, addressed a reference question: whether a share...

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