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Supreme Court

Supreme Court Dismisses State's Appeal in Electricity Duty Exemption Case for Charitable Educational Institutions. The Court upheld the High Court's decision that charitable education institutions registered under the Maharashtra Public Trusts Act, 1950 are exempt from payment of electricity duty under Section 3(2)(iii) of the Maharashtra Electricity Duty Act, 2016, interpreting the provision to avoid absurdity and uphold Article 14 of the Constitution.

7 Jan 2022

The dispute arose from the State of Maharashtra's appeal against a High Court judgment that exempted charitable educational institutions from payment ...

Supreme Court

Supreme Court Allows Appeal in Arbitration Case and Remands Matter to Arbitrator for Additional Reasons Under Section 34(4) of Arbitration and Conciliation Act, 1996. The Court held that lack of detailed reasons in an arbitral award regarding illegal termination of contract is a curable defect, permitting remission to the arbitrator for elimination of grounds for setting aside.

3 Jan 2022

The appeal arose from an order of the High Court of Judicature at Bombay dismissing a Notice of Motion filed by the appellant under Section 34(4) of t...

Supreme Court

Supreme Court Partly Allows Appeals in Income Tax Dispute Over Disallowance of Fees and Taxes Under Section 40(a)(iib) of Income-tax Act, 1961. The Court upheld the High Court's finding that gallonage fee, licence fee, and shop rental for FL9 licences were disallowable as exclusive levies on a State Government undertaking, while those for FL1 licences were not exclusive, and surcharge on sales tax and turnover tax were not fees or charges under Section 40(a)(iib) of the Income-tax Act, 1961.

3 Jan 2022

The appeals arose from a common judgment of the High Court of Kerala in income tax matters involving Kerala State Beverages Manufacturing & Marketing ...

Supreme Court

Supreme Court Allows Appeal in Recovery Suit — Holds That High Court Erred in Dismissing Suit on Grounds Not Raised in Pleadings and Without Considering Documentary Evidence. The Court restored the decree for recovery of Rs.96,41,765.31 with interest at 15% per annum from the date of suit till payment.

16 Dec 2021

The appellant, M/s Star Paper Mills Limited, filed a suit for recovery of Rs.96,41,765.31 against the respondents, M/s Beharilal Madanlal Jaipuria Ltd...

Supreme Court

Supreme Court Allows U.P. Housing Authority's Appeal Against Cancellation of Land Release Notification. Fraud by Land Owners in Obtaining Release Justifies Cancellation Without Fresh Acquisition Under Section 21 of General Clauses Act, 1897.

16 Dec 2021

The Supreme Court considered appeals by U.P. Avas Evam Vikas Parishad against a High Court order that set aside a notification cancelling the release ...

Supreme Court

Supreme Court Allows Appeals in SAFEMA Forfeiture Case — Notice to Convict Not Mandatory When Property Held by Relatives. The Court held that proceedings against relatives under Section 6 of SAFEMA are independent and do not require prior notice to the convict.

14 Dec 2021

The Supreme Court of India heard appeals against a Madras High Court judgment that had set aside forfeiture orders under the Smugglers and Foreign Exc...

Supreme Court

Supreme Court Upholds Conviction of Bank Manager in Embezzlement Case — Circumstantial Evidence Sufficient to Prove Criminal Conspiracy and Misappropriation of Funds

13 Dec 2021

The appellant, N. Raghavender, was the Branch Manager of Sri Rama Grameena Bank, Nizamabad Branch from May 1990 to September 1995. He was convicted by...

Supreme Court

Supreme Court Allows CBI Appeal Against Quashing of Charge Sheet in Disproportionate Assets Case. Possession of Title Deed of Property Purchased with Tainted Money Constitutes Reasonable Suspicion for Framing Charges Under Section 13(1)(e) of Prevention of Corruption Act, 1988 and Sections 120B/109 IPC.

9 Dec 2021

The Supreme Court heard an appeal by the Central Bureau of Investigation (CBI) against a judgment of the Madras High Court that quashed the charge she...

Supreme Court

Supreme Court Upholds Ex-Post Facto Approval of Charge Memorandum in Disciplinary Proceedings. The Court held that a charge memorandum issued without prior approval of the disciplinary authority can be validated by subsequent ex-post facto approval under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965.

6 Dec 2021

The appellant, Sunny Abraham, was an Assistant Commissioner of Income Tax against whom disciplinary proceedings were initiated on 19th September 2002 ...

Supreme Court

Supreme Court Quashes ITAT Order Recalling Its Earlier Order Under Section 254(2) of Income Tax Act — Powers Limited to Rectification of Mistake Apparent from Record. The ITAT cannot re-hear the entire appeal on merits under the guise of rectification; the remedy against an erroneous order lies in appeal before the High Court.

3 Dec 2021

The case involves appeals by the Revenue against a common judgment of the Bombay High Court, which dismissed writ petitions challenging an order of th...

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