Search Results for "Section 236"

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Bombay High Court Allows Revenue Appeal in Gift Tax Case — NRI Gift in Srinagar Held Not Exempt Under Section 5(ii) of Gift Tax Act, 1958. Court finds transaction colourable as gift was made by NRI in Srinagar where Gift Tax Act was not applicable, but donor was not resident of Jammu and Kashmir.

The Revenue appealed against the order of the Income Tax Appellate Tribunal which had allowed the assessee's claim for exemption from Gift Tax under S...

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Bombay High Court Quashes Criminal Proceedings in Central Excise Case Due to Inordinate Delay and Lack of Sanction. Prosecution for Alleged Removal of Scrap Resistors Without Payment of Duty Fails as Complaint Filed After 4 Years and Sanction Under Section 9 of Central Excise Act, 1944 Not Obtained.

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal Case No....

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“Inordinate Delay of 4828 Days Not Condoned: Landmark Ruling on Limitation Act in Land Acquisition Cases”

The appellants (landowners) filed an appeal seeking enhancement of compensation awarded under the Land Acquisition Act. However, the appeal was filed ...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Non-Application of Presumptions Under Sections 118 and 139. Trial Court Erred in Shifting Burden of Proof Without Considering Rebuttal Evidence and Document Exh.28.

The appellant, Sunanda Rithe, filed a criminal appeal against the acquittal of the respondent, Madhav Rajurkar, by the Chief Judicial Magistrate in Su...

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Supreme Court Decides on the Validity of Arbitral Award Covering Foreign Immoveable Properties Excluded from Preliminary Decree in a Partition Suit. Construction of Reference to Arbitration under Section 21 of the Indian Arbitration Act, 1940 Clarified.

The dispute arose from a partition suit filed by the respondent, Subramaniam Chettiar, against his brother, Nachiappa Chettiar, and his sons (appellan...

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Bombay High Court Upholds Arbitral Award in Derivative Transaction Dispute Based on Signed ISDA Agreement. Court Finds No Ground to Interfere Under Section 34 of Arbitration Act as Arbitrator's Findings on Enforceability Are Reasonable.

The dispute arose from two foreign exchange derivative transactions entered into between Sporting India Limited (the Petitioner) and HDFC Bank Limited...