Search Results for "Defective Authority"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "Defective Authority"

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Supreme Court

Supreme Court Decides Tax Deduction at Source Liability for Cellular Mobile Service Providers Under Income Tax Act, 1961 - The Court clarified that obligation under Section 194-H requires principal-agent relationship between payer and payee as per Section 182 of Contract Act, 1872, and payments must be for services in buying/selling goods or asset transactions, not being securities.

28 Feb 2024

The Supreme Court delivered a common judgment addressing appeals by the Revenue and assessees, who were cellular mobile telephone service providers, c...

High Court

Bombay High Court Dismisses Petition Challenging Arbitrator's Order on Jurisdiction in Arbitration Claim Petition. Court holds that Section 16 of the Arbitration and Conciliation Act, 1996 provides a remedy against an arbitral award, not an interlocutory order, and that the petition is premature.

4 Sep 2025

The petitioner, a cooperative housing society, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 14th Ma...

High Court

Bombay High Court at Goa Allows Writ Petitions Challenging Caste Certificate Scrutiny Committee's Adverse Order and Termination of Service — Petitioner's Caste Claim as 'Thakar' (Scheduled Tribe) Upheld Based on Valid Documents and Precedent. The Court held that the Scrutiny Committee's order was perverse and set aside the termination, directing reinstatement with continuity of service.

1 Aug 2023

The petitioner, Dhanraj Yadaorao Parate, was appointed as a Peon in the Mormugao Port Trust in 1982 based on his caste certificate showing him as 'Tha...

High Court

Bombay High Court Quashes Externment Order Under Maharashtra Police Act for Non-Compliance with Section 59 — Failure to Record Subjective Satisfaction and Provide In-camera Statements. The court held that externment orders must strictly comply with procedural safeguards under Section 59 of the Maharashtra Police Act, 1951, including recording of in-camera statements and providing opportunity of hearing.

21 Sep 2023

The petitioner, Hussain alias Bantu Mohd. Bashir, challenged an externment order dated 31.01.2023 passed by the Deputy Commissioner of Police, Zone No...

High Court

Bombay High Court Allows Plaintiff's Second Appeal in Possession Suit — Part Performance Protection Under Section 53-A of Transfer of Property Act, 1882 Denied to Purchasers for Failure to Show Readiness and Willingness. Agreement for Sale Held Unenforceable Due to Non-Compliance with Income Tax Act, Making Performance Impossible.

21 Jan 2022

The plaintiff, owner of the suit property, filed a suit for recovery of possession against the defendants who were purchasers in possession under an a...

High Court

Bombay High Court Dismisses Petition Challenging Eviction Order Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Children Cannot Invoke Act Against Parent. The Act is designed for maintenance and welfare of senior citizens, not for children to seek eviction of their father.

19 May 2020

The petitioners, Mrs. Nayana Sudhir Shah (wife of respondent No.1) and their major children, filed a Writ Petition under Article 227 of the Constituti...

High Court

High Court of Bombay Dismisses BSNL's Petition Challenging Facilitation Council's Jurisdiction Under MSMED Act — Arbitration Agreement Not Barred by Section 18 of MSMED Act. The court held that the Micro, Small and Medium Enterprises Development Act, 2006, being a special statute, overrides the arbitration agreement between the parties, and the Facilitation Council has jurisdiction to refer the dispute to arbitration.

31 Mar 2015

The petitioner, Bharat Sanchar Nigam Ltd. (BSNL), a Central Public Sector Enterprise, entered into agreements with respondent No. 2, M/s. People Infoc...

High Court

Madras High Court Dismisses Revenue's Appeal in Textile Mill Machinery Replacement Case - Expenditure on Replacement of Old Machinery with Modern Equivalents Held Revenue Expenditure Under Section 37(1) of Income Tax Act, 1961. The court applied the enduring benefit test and functional utility test to determine that the new machinery did not create a new asset but merely replaced existing machinery.

9 Apr 2026

The case involves appeals by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) allowing the assessee, M/s. ...

High Court

Bombay High Court Allows Execution Application for Sale of Partnership Property in Execution of Money Decree. Court holds that decree holder can attach and sell judgment debtor's interest in partnership assets without impleading the partnership firm as a party, under Order 21 Rule 49 CPC and Section 29 Partnership Act, 1932.

20 Apr 2018

The case involves a dispute between Shreyas Alias Ashok Narayan Pathare (plaintiff/judgment debtor) and CVK & Associates (defendant/decree holder). Th...

High Court

High Court of Karnataka Examines Challenge to CERC's Authority Over Inter-State Open Access Conditions; SLDC's Clause Deemed Contrary to UI Regulations. Central Electricity Regulatory Commission's Order on Unscheduled Interchange Charges Found to Prevail Over SLDC's Imposed Conditions Under Electricity Act, 2003.

30 Apr 2026

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