Search Results for "Substantial Questions of Law"

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Search Results for "Substantial Questions of Law"

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Supreme Court

Supreme Court Allows Appeal in Property Dispute — High Court Erred in Reversing First Appellate Court's Refusal of Possession Without Framing Substantial Question of Law. Second Appeal Under Section 100 CPC Cannot Be Entertained Without Formulating a Substantial Question of Law.

27 Aug 2020

The case involves a property dispute between Nazir Mohamed (appellant) and J. Kamala (respondent) over a building and premises in Aduthurai, Tamil Nad...

Supreme Court

Supreme Court Refers Challenge to 103rd Constitutional Amendment Providing 10% EWS Reservation to Constitution Bench. The Court finds substantial questions of law regarding basic structure and interpretation of Articles 15(6) and 16(6) warranting a five-judge bench hearing.

5 Aug 2020

The Supreme Court, in a batch of writ petitions, considered the constitutional validity of the Constitution (One Hundred and Third Amendment) Act, 201...

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 Assessee's Appeal in Income Tax Dispute Over Non-Compete Fee Taxability. Amount Received Under Deed of Covenant Held as Capital Receipt Not Taxable Under Section 28(ii)(a) of Income Tax Act, 1961, Due to Separate Genuine Transaction and Procedural Error in High Court's Judgment.

22 Jul 2020

The appeal concerned the assessment year 1995-96 involving Shri Shiv Raj Gupta, Chairman and Managing Director of Central Distillery and Breweries Ltd...

Supreme Court

Supreme Court Restores Concurrent Findings of Fraud in Property Dispute Between Siblings — General Power of Attorney and Sale Deeds Set Aside as Void. The court held that the plaintiff had sufficiently proved fraud by preponderance of probabilities, and the High Court erred in reversing the concurrent findings without establishing perversity.

1 Jan 2020

The dispute arose between the plaintiff, Joginder Kaur (since deceased, represented by her daughter Nirmal Gill), and her step-brothers and step-siste...

Supreme Court

Supreme Court Allows Appeals in NDPS Case: Summoning Under Section 319 CrPC After Conviction Is Impermissible. The power under Section 319 CrPC can be exercised only before the pronouncement of judgment; once the trial concludes and judgment is pronounced, the court becomes functus officio.

10 May 2019

The Supreme Court of India heard two criminal appeals arising from a common judgment of the Punjab and Haryana High Court, which had dismissed crimina...

Supreme Court

Supreme Court Allows Appeal in Partition Suit, Restores Concurrent Findings of Courts Below. High Court Exceeded Jurisdiction Under Section 100 CPC by Reappreciating Evidence on Legal Necessity and Antecedent Debt.

9 May 2019

The present appeal arises from a partition suit filed by the original plaintiff, Rengan Ambalam, seeking a 1/3rd share in joint family properties, par...

Supreme Court

Supreme Court Remands Second Appeal for Non-Compliance with Section 100 CPC — High Court Failed to Frame Substantial Question of Law at Admission Stage. The Court held that framing substantial questions of law for the first time in the final judgment violates the mandatory procedure under Section 100(4) of the Code of Civil Procedure, 1908, and remanded the case for fresh disposal.

7 May 2019

The appellant, a temple (Arulmighu Nellukadai Mariamman Tirukkoil), filed a civil suit for eviction of the respondent (Tamilarasi) from suit property....

Supreme Court

Supreme Court Remands Income Tax Appeal to High Court for Non-Compliance with Section 260A(3) of Income Tax Act, 1961. High Court Failed to Frame Substantial Questions of Law as Mandated, Rendering Its Judgment Unsustainable.

1 May 2019

The appellant, Ryatar Sahakari Sakkarre Karkhane Niyamit, an assessee under the Income Tax Act, 1961, filed appeals before the Supreme Court against t...

Supreme Court

Supreme Court Allows Appeal in Partition Suit: High Court Exceeded Jurisdiction Under Section 100 CPC by Reappreciating Evidence. The Court restored concurrent findings of trial court and first appellate court dismissing suits for partition and injunction.

1 May 2019

The Supreme Court considered appeals against a common judgment of the Madras High Court which, in exercise of its second appellate jurisdiction under ...

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