Search Results for "Non obstante clause"

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due ...
Supreme Court Takes Suo Motu Cognizance in Illegal Sand Mining Case Involving Wi...
Supreme Court Sets Aside High Court Order in Eviction Case and Remands to Trial ...
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Search Results for "Non obstante clause"

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Supreme Court

Supreme Court Activates Dormant Constitutional Provision for Appointment of Ad Hoc Judges to Address High Court Backlog. The Court held that Article 224A of the Constitution of India can be utilized to appoint retired High Court judges as ad hoc judges to tackle over 57 lakh pending cases and 40% vacancies, emphasizing dynamic interpretation and consent requirements.

20 Apr 2021

The Supreme Court of India, in a public interest litigation filed by Lok Prahari, addressed the critical issue of backlog in High Courts, with over 57...

Supreme Court

Supreme Court Allows Appeal of Daughter-in-Law Against Eviction Under Senior Citizens Act, 2007 — Protection of Women from Domestic Violence Act, 2005 Right of Residence Prevails Over Senior Citizens Act, 2007. The court held that the authorities under the Senior Citizens Act, 2007 have no jurisdiction to order eviction of a woman entitled to residence under Section 17 of the PWDV Act, 2005, and the property transfers were collusive to defeat her rights.

11 Dec 2020

The present dispute arises out of an application filed by the second and third respondents (parents-in-law of the appellant) under the Maintenance and...

Supreme Court

Supreme Court Allows Anticipatory Bail to Mother-in-Law in Triple Talaq Case — Section 7(c) of Muslim Women (Protection of Rights on Marriage) Act, 2019 Does Not Bar Anticipatory Bail Under Section 438 CrPC. Offence Under the Act Can Only Be Committed by Muslim Husband, Not Mother-in-Law.

3 Dec 2020

The appeal arose from a judgment of the Kerala High Court rejecting an anticipatory bail application filed by the appellant, the mother-in-law of the ...

Supreme Court

Supreme Court Dismisses Petition Challenging GST on Lotteries — Holds Lottery as Actionable Claim and Movable Property Under CGST Act. Levy of GST on Face Value of Lottery Tickets Without Abating Prize Money Upheld as Constitutional.

3 Dec 2020

The petitioner, Skill Lotto Solutions Pvt. Ltd., an authorized agent for sale and distribution of lotteries organized by the State of Punjab, filed a ...

Supreme Court

Supreme Court Allows Appeal in Pension Dispute: Patna High Court Had Territorial Jurisdiction to Entertain Writ Petition Challenging Stoppage of Pension. Part of Cause of Action Arose Where Pension Was Received and Stopped, Not Where Employment Was Served.

5 Nov 2020

The appeal arose from a judgment of the Patna High Court dismissing a Letters Patent Appeal against a Single Judge's order that had dismissed a writ p...

Supreme Court

Supreme Court Allows State Appeal in Waqf Board Supersession Case — Upholds Government's Power to Supersede Board Under Section 99 of Waqf Act, 1995 When Elected Members Are Less Than Nominated Members, Rendering Board Unable to Perform Functions. Partial Setting Aside of Supersession Order Is Impermissible; Challenge Barred by Constructive Res Judicata.

9 Sep 2020

The State of Tamil Nadu appealed against a common judgment of the Madras High Court that partially set aside the supersession of the Tamil Nadu Waqf B...

Supreme Court

Supreme Court Dismisses Department's Appeal in Permanent Establishment Tax Dispute Under India-Korea DTAA. Court Upholds ITAT's Finding of Permanent Establishment but Remands Profit Attribution for Fresh Assessment Due to Insufficient Material.

22 Jul 2020

The dispute arose from the taxability of income attributable to a permanent establishment set up in India by Samsung Heavy Industries Co. Ltd., a Sout...

Supreme Court

Supreme Court Allows Appeal of Muslim Divorced Woman in Maintenance Case — Family Court Has Jurisdiction Under Muslim Women (Protection of Rights on Divorce) Act, 1986. High Court erred in holding that Family Court lacks jurisdiction to entertain application under Section 3 of the Act.

18 Jun 2020

The appeal arose from a judgment of the Rajasthan High Court which set aside an order of the Family Court granting maintenance to a Muslim divorced wo...

Supreme Court

Supreme Court Upholds Constitutional Validity of Section 43B(f) of Income Tax Act — Leave Encashment Deduction Allowed Only on Actual Payment. Clause (f) is not arbitrary or violative of Article 14 as it serves a legitimate purpose of preventing abuse and ensuring employee welfare.

24 Apr 2020

The Supreme Court in this appeal considered the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, which was inserted b...

Supreme Court

Supreme Court Upholds Tax Liability on Liaison Office Activities in India Under Income Tax Act, 1961 and DTAA. Income from printing and dispatching cheques in India through liaison offices constitutes business connection and permanent establishment, making profits attributable to such activities taxable in India.

24 Apr 2020

The respondent, U.A.E. Exchange Centre, a company incorporated in the United Arab Emirates, provided remittance services for transferring amounts from...

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