Search Results for "conclusive foreign judgment"

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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 Disposes Appeal by Consent Appointing Arbitrator in MSME Dispute, ...
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Search Results for "conclusive foreign judgment"

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Supreme Court

Supreme Court Allows Appeal in Maintenance and Paternity Dispute — Holds That Family Court Cannot Reopen Paternity When Civil Court's Finding on Legitimacy Has Attained Finality. The presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, when conclusively established by a competent civil court, bars a subsequent maintenance proceeding from determining paternity against a third party.

1 Jan 2025

The case involves a long-standing dispute over the paternity and maintenance of a child born to a married woman. The respondent, Milan Joseph, was bor...

Supreme Court

Supreme Court Upholds Dismissal of Scientist Without Inquiry in Interest of Security of State. Dismissal under Article 311(2)(c) of Constitution and Rule 14 of CCS (CCA) Rules, 1965 Upheld as Procedural Safeguards Not Applicable Where Security of State is Involved.

12 May 2023

The appellant, Dr. V.R. Sanal Kumar, was a Scientist/Engineer in the Vikram Sarabhai Space Centre (VSSC), a unit of the Indian Space Research Organisa...

Supreme Court

Supreme Court Partially Upholds Section 10(26AAA) of Income Tax Act, 1961 in Sikkim Tax Exemption Challenge. Gender-Based Proviso Denying Exemption to Sikkimese Women Marrying Non-Sikkimese Struck Down as Unconstitutional.

13 Jan 2023

The judgment concerns a writ petition under Article 32 challenging the constitutional validity of Section 10(26AAA) of the Income Tax Act, 1961, which...

Supreme Court

Supreme Court Dismisses Appeal of 100% EOU in Customs Duty Case for Unauthorized DTA Sales of Cut Flowers. Cut Flowers Held Non-Excisable, Duty Leviable on Inputs Under Notification No. 126/94-Cus as Amended, Extended Limitation Period Invoked for Wilful Suppression.

1 Sep 2020

The appeal arises from a dispute between M/s. L.R. Brothers Indo Flora Ltd., a 100% Export Oriented Unit (EOU) engaged in floriculture, and the Commis...

High Court

Bombay High Court Quashes Bank's Wilful Defaulter Declaration for Violating Natural Justice. Show-cause notice lacking specific grounds renders the decision invalid under RBI Master Circular on Wilful Defaulters.

17 Jul 2019

The petitioners, Nitin Shah, Rahul Shah, and Kunal Shah, who were directors of Nitin Fire Protection Industries Ltd. (the corporate debtor under CIRP)...

Supreme Court

Supreme Court Dismisses Appeal Against Rejection of Plaint Rejection Application in Testamentary Case Under Section 228 of Indian Succession Act — Limitation Not Applicable to First Petition for Letters of Administration in India Despite Prior Foreign Probate

29 Apr 2019

The Supreme Court dismissed an appeal against the High Court's refusal to reject a plaint under Order VII Rule 11 CPC in a testamentary case. The disp...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Application Under Section 197 of Income Tax Act for Lower Tax Deduction on Dividend Income. The court held that a Tax Residency Certificate (TRC) is sufficient evidence of residence for claiming treaty benefits under the India-Mauritius DTAA, and the Assessing Officer must consider the DTAA provisions.

26 Apr 2019

The petitioner, Indostar Capital, a Mauritius-based company incorporated in October 2010, held a Category 1 Global Business Licence and a Tax Residenc...

High Court

Bombay High Court Allows Appeal Against Vacation of Vessel Arrest in Admiralty Suit for Bunker Supply Claim. The court held that the Single Judge erred in vacating the arrest and directing security without proper findings of mala fides.

27 Apr 2010

The appellant, Chemoil Adani Pvt. Ltd., filed an admiralty suit against the vessel m.v. Hansa Sonderburg and its owners for recovery of dues for suppl...

High Court

Bombay High Court Allows Writ Petition Challenging Penalty Under Customs Act for Import of Rough Diamonds — Cites Violation of Principles of Natural Justice and Lack of Evidence of Misdeclaration. The court held that the show cause notice was vague and the department failed to prove mens rea for penalty under Section 112(a) of the Customs Act, 1962.

9 Mar 2010

The petitioners, M/s SU.Jewels Exim Pvt. Ltd. and its director, imported rough and uncut diamonds from Dubai during April-May 2003. The diamonds were ...

Supreme Court

Supreme Court Upholds Jurisdiction of Civil Court to Determine Fair Rent in Government Lease Renewal Dispute. Lease Renewal Clause Requiring 'Fair and Equitable' Enhancement by Lessor Held Unenforceable Without Judicial Review of Fairness.

2 Feb 1959

In 1909, the Government of Bombay leased plots of land to the appellants for residential purposes on payment of a premium and an annual rent of Rs. 3-...

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