Search Results for "Dominant Purpose"

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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...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "Dominant Purpose"

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Supreme Court

Supreme Court Upholds State Sales Tax on Pan Masala and Gutkha in Multiple Appeals. State Legislatures Empowered to Levy Sales Tax on These Goods Despite Central Excise Levies, as They Are Not Declared Goods Under Section 14(ix) of Central Sales Tax Act, 1956.

4 May 2023

The Supreme Court disposed of a batch of appeals arising from judgments of three High Courts concerning the taxability of pan masala and gutkha under ...

Supreme Court

Supreme Court Allows Appeals of Successful Resolution Applicant and Resolution Professional in IBC Case — Commercial Wisdom of CoC Upheld. NCLAT Order Set Aside as It Improperly Interfered with CoC's Decision to Accept H1 Bidder's Plan Despite Belated Revised Offer.

17 Dec 2021

The Supreme Court allowed the appeals filed by Ngaitlang Dhar (successful resolution applicant) and Amit Pareek (Resolution Professional) against the ...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute — Constructive Total Loss of Hydraulic Excavator Entitles Insured to Full Sum Insured Without Deduction for Underinsurance or Depreciation Applied at Renewal. The Court held that the insurer cannot apply underinsurance or double depreciation when the sum insured was fixed by the insurer at renewal without a fresh proposal form.

1 Feb 2019

The appellant, Sumit Kumar Saha, purchased a Volvo Hydraulic Excavator on 27.03.2007 for Rs.51,74,000/- and insured it with the respondent, Reliance G...

Supreme Court

Supreme Court Appoints Independent Arbitrator in Perkins Eastman v. HSCC Dispute — Clause 24 Arbitration Mechanism Invalid Due to Lack of Impartiality. The Court held that a person ineligible to act as arbitrator cannot appoint an arbitrator, relying on TRF Limited v. Energo Engineering Projects Limited.

29 Nov 2019

The Supreme Court considered an application under Section 11(6) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, and the App...

High Court

Bombay High Court Quashes FIR Against Directors in Dishonour of Cheque Case Due to Lack of Specific Allegations and Non-Impleadment of Company. Vicarious liability under Section 141 of Negotiable Instruments Act, 1881 requires specific averments and company must be made accused.

18 Jan 2023

The petitioners, Harry Inder Dhaul, Narayan Singh Pathania, and Mikhail s/o Harry Dhaul, were directors of Siddhayu Ayurvedic Research Foundation Priv...

High Court

Bombay High Court Holds Anticipatory Bail Application Maintainable Despite Applicant's Custody in Another Crime. Section 438 CrPC Does Not Bar a Person Already Arrested in a Different Case from Seeking Pre-Arrest Bail.

31 Oct 2023

The applicant, Amar S. Mulchandani, filed an anticipatory bail application under Section 438 CrPC in connection with C.R.No.806 of 2019 registered at ...

High Court

Bombay High Court Dismisses State's Appeal in VAT Second Appeal, Upholding Tribunal's Factual Findings on Canteen Services Not Being Works Contract. The court held that the transaction of providing canteen services to employees does not constitute a 'works contract' under the Maharashtra Value Added Tax Act, 2002, as there is no transfer of property in goods.

4 Dec 2023

The case involves an appeal by the State of Maharashtra, through the Additional Commissioner of Sales Tax, against Sanghavi Movers Ltd., the responden...

High Court

Bombay High Court Holds That Power Under Section 60 of Maharashtra Police Act, 1951 Is Quasi-Judicial and Requires Speaking Orders. The appellate authority must assign reasons while disposing of appeals under Section 60 of the Maharashtra Police Act, 1951.

21 Apr 2022

The case arose from a reference made by a Division Bench of the Bombay High Court (Coram: Nitin Jamdar & Sarang V. Kotwal, JJ.) which did not agree wi...

High Court

Bombay High Court Quashes Industrial Tribunal Award in Closure Dispute — Burden of Proof Misplaced. Employer's Failure to Rebut Union's Claim Does Not Shift Burden of Proving Workman Status Under Section 25-O of Industrial Disputes Act, 1947.

14 Nov 2022

The petitioner, Siemens Ltd., challenged an award dated 2nd November 2018 passed by the Industrial Tribunal, Aurangabad in Reference (IT) No. 08 of 20...

High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award for Sand Removal Contract Dispute. The court held that the arbitrator's interpretation of contractual terms was plausible and not perverse, and the award did not violate public policy under Section 34 of the Arbitration and Conciliation Act, 1996.

7 Jan 2021

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against an order of the Principal District Judge, Nagpur, ...

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