Search Results for "Legislative Intent"

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High Court

High Court Quashes Income Tax Reopening Notices in Search-Based Assessment Cases Due to Mandatory Application of Section 153C. Assessing Officer Cannot Invoke General Reassessment Provisions Under Sections 147/148 When Material Originates from Search Under Section 132/132A, as Special Provisions Under Section 153C Override and Require Exclusive Procedural Compliance.

7 Jan 2026

The judgment concerned a group of petitions challenging notices issued under Section 148 of the Income-tax Act, 1961, reopening assessments under Sect...

High Court

High Court Dismisses Tenant&#039;s Revision Application in Rent Dispute - Eviction Upheld Under Bombay Rent Act for Non-Payment of Arrears Before First Hearing Date

5 Jan 2026

The High Court dismissed a revision application filed by the tenant challenging eviction orders passed under the Bombay Rent Act -- The landlord had p...

Supreme Court

Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

1 Jan 2026

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

High Court

High Court of Karnataka Quashes Tahsildar's Endorsement Rejecting Mutation Entry for Land Granted Under Section 94 of Karnataka Land Revenue Act, 1964. Revenue Authorities Cannot Adjudicate Title or Validity of Grant in Mutation Proceedings; Mutation Entries Are Only for Fiscal Purposes.

14 Nov 2025

The petitioners, five individuals, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at...

Supreme Court

Supreme Court Sets Aside Segregation of MLA&#039;s Trial in Communal Violence Cases - Appellant Appeal Allowed for Joint Trial with Co-Accused Under IPC Sections

12 Sep 2025

The Supreme Court allowed criminal appeals filed by Mamman Khan, a sitting MLA from Haryana, challenging the segregation of his trial from co-accused ...

Supreme Court

Supreme Court Reverses High Court Order Permitting Counter-Claim in Property Dispute -- Counter-Claim After Issues Framed and Against Co-Defendant Held Not Maintainable Under CPC

12 Sep 2025

The Supreme Court reversed the High Court of Gujarat's order that permitted defendant no. 2 to amend his written statement and file a counter-claim in...

Supreme Court

Supreme Court Upholds Convictions Under Prevention of Food Adulteration Act, Denies Probation to Adult Offenders. Section 20AA of PoFA Act, which excludes application of Probation of Offenders Act and Section 360 CrPC for offenders above 18, is constitutional and does not violate Articles 14, 21, or 20(1) of the Constitution.

15 Jul 2025

The Supreme Court dismissed two criminal appeals arising from convictions under the Prevention of Food Adulteration Act, 1954 (PoFA Act). In the lead ...

Supreme Court

Supreme Court Quashes NGT Directions Mandating Consent to Establish and Consent to Operate for Petroleum Retail Outlets. The Court held that such directions constitute legislative overreach and conflict with CPCB's green zone classification under environmental laws, as existing guidelines suffice for compliance.

27 Apr 2025

The dispute originated from an original application filed before the National Green Tribunal, Chennai, by a resident concerning the non-installation o...

Supreme Court

Supreme Court Dismisses State's Appeal in Leave Encashment Case for Re-employed Government Servant. Re-employed Employee Entitled to Second Leave Encashment Under Rule 36 of Sikkim Government Services (Leave) Rules, 1982, as Rule 32 Creates Legal Fiction Treating Re-employment as Fresh Service Entry.

23 Apr 2025

The dispute originated from the State of Sikkim's appeal against High Court orders that granted leave encashment benefits to a re-employed government ...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Act Case on Bar Council Member's Continuance in Waqf Board. The court held that a Muslim Member of the Bar Council does not vacate Waqf Board membership upon ceasing Bar Council tenure, as Explanation II to Section 14(1)(b) of the Wakf Act, 1995, applies only to Members of Parliament and State Legislative Assembly.

22 Apr 2025

The Supreme Court addressed an appeal concerning the interpretation of Section 14 of the Wakf Act, 1995, specifically whether a Muslim Member of the B...

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