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Supreme Court

Supreme Court Allows Appeal in Part — NCCD Payable Despite Excise Duty Exemption, Education Cess and Secondary & Higher Education Cess Not Payable. The Court held that Education Cess and Secondary & Higher Education Cess, being surcharges on excise duty, cannot be levied when basic excise duty is exempted, but NCCD, being an independent duty of excise, is payable.

1 Mar 2019

The appeal arose from a dispute between Bajaj Auto Limited (the appellant) and the Union of India regarding the liability to pay National Calamity Con...

Supreme Court

Supreme Court Upholds Denial of Bail to Accused in Terror Funding Case Under Unlawful Activities (Prevention) Act, 1967 — High Court Order Set Aside for Erroneous Application of Section 43D(5) Bar. The Court held that the bar under Section 43D(5) applies when the court finds a prima facie case, and the High Court's approach was contrary to law.

1 Mar 2019

The Supreme Court allowed the appeal filed by the National Investigation Agency (NIA) against the Delhi High Court's order granting bail to Zahoor Ahm...

Supreme Court

Supreme Court Remands Revenue's Appeal to High Court for Lack of Reasoning and Failure to Frame Substantial Questions of Law Under Section 260A of the Income Tax Act, 1961. The High Court's order dismissing the appeal without assigning reasons or framing substantial questions of law was set aside as legally unsustainable.

27 Feb 2019

The Supreme Court allowed the appeal filed by the Commissioner of Income Tax against the judgment of the Rajasthan High Court, which had dismissed the...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit — Time Was Essence of Contract and Plaintiffs Failed to Prove Readiness and Willingness. Limitation Period Under Article 54 of Limitation Act, 1963 Starts from Date Fixed for Performance; Extension Not Proven.

26 Feb 2019

The appeal arose from a suit for specific performance of an agreement to sell property at 82, Jor Bagh, New Delhi, dated 05.10.1974, between the plain...

Supreme Court

Supreme Court Allows Carrying Cost in Change in Law Claims Under PPA — Restitutionary Principle Upheld. Article 13.2 of Power Purchase Agreement Entitles Generating Company to Carrying Cost from Date of Change in Law Till Approval.

25 Feb 2019

The case involves appeals by Uttar Haryana Bijli Vitran Nigam Ltd. and Dakshin Haryana Bijli Vitran Nigam Ltd. (Haryana Discoms) and Gujarat Urja Vika...

Supreme Court

Supreme Court Finds Reliance Companies Guilty of Contempt for Breach of Undertakings to Pay INR 550 Crore to Ericsson India Pvt. Ltd. The court held that the undertakings making payment conditional upon sale of assets were contrary to the court's order and constituted wilful disobedience.

20 Feb 2019

The Supreme Court of India dealt with three contempt petitions filed by Ericsson India Pvt. Ltd. against Reliance Communications Ltd., Reliance Teleco...

Supreme Court

Supreme Court Allows Appeal Against Foreigner Declaration — Minor Name Discrepancy Not Fatal to Citizenship Claim. Burden of Proof Under Section 9 of Foreigners Act, 1946 Discharged by Consistent Documentary Evidence.

14 Feb 2019

The appellant, Sirajul Hoque, was declared a foreigner by the Foreigner's Tribunal, Assam, vide judgment dated 19.01.2017. The Tribunal relied on a di...

Supreme Court

Supreme Court Restores Compensation in Motor Accident Claim — Bus Driver's Negligence Established by Preponderance of Probabilities. Non-examination of Pillion Rider Not Fatal to Claim Under Motor Vehicles Act, 1988.

14 Feb 2019

The case arises from a motor accident on 28 October 2011, when Sitaram, a senior government school teacher, was riding a motorcycle with a pillion rid...

Supreme Court

Supreme Court Holds Auction Purchaser Not Liable to Pay Unearned Increase to DDA in Compulsory Acquisition Case. Conversion Charges Refunded as Property Conveyed Was Freehold, Not Leasehold.

12 Feb 2019

The Supreme Court of India heard two cross-appeals arising from a judgment of the Delhi High Court dated 30.03.2016 in LPA No.226 of 2014. The dispute...

Supreme Court

Supreme Court Upholds Magistrate's Summoning Order in Hawala Case — High Court's Revision Order Set Aside. Court holds that at the stage of taking cognizance under Section 190(1)(b) CrPC, the Magistrate need not record detailed reasons; sufficiency of grounds is to be assessed from the charge sheet and accompanying documents.

8 Feb 2019

The Supreme Court allowed the appeal filed by the State of Gujarat against the judgment of the Gujarat High Court which had set aside the order of the...

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