Search Results for "Jurisdictional Objection"

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Search Results for "Jurisdictional Objection"

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Supreme Court

Supreme Court Grants Interim Protection to Journalist in Multiple FIR Case Based on News Broadcasts. Court Transfers One FIR for Investigation, Stays Other Proceedings, and Emphasizes Balance Between Freedom of Speech and Criminal Process Under Article 19(1)(a) and Article 32 of the Constitution.

19 May 2020

The dispute arose from two news broadcasts by the petitioner, a journalist and editor-in-chief of Republic TV and R Bharat, on 16 April 2020 and 21 Ap...

Supreme Court

Supreme Court Allows Partial Re-Trial in Criminal Case for Violation of Section 273 CrPC — Accused Not Present During Examination of 12 Witnesses

16 Apr 2019

The Supreme Court considered appeals against the High Court's order directing a partial re-trial in a murder case where 12 prosecution witnesses were ...

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....

High Court

Bombay High Court Quashes Reassessment Notice for Lack of Valid Reason to Believe in Income Tax Act Case. Notice under Section 148 of the Income Tax Act, 1961 set aside as the Assessing Officer failed to form an independent opinion and relied on borrowed satisfaction from investigation wing without proper application of mind.

9 Jan 2023

The petitioner, Saurashtra Infra & Power Pvt. Ltd., a company engaged in infrastructure development and running a Container Freight Station, filed its...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Jurisdiction and Non-Compliance with Mandatory Procedure. The court held that the Assessing Officer who issued the notice lacked jurisdiction and failed to follow the mandatory procedure under Section 148A, rendering the reassessment proceedings invalid.

15 Feb 2023

The petitioner, Deepak Marda, a director of Cinepolis India Pvt. Ltd., was assessed to tax in Ichalkaranji, Kolhapur. In Financial Year 2013-14, he tr...

High Court

Bombay High Court Dismisses Writ Petition Challenging Disqualification of MLAs Under Tenth Schedule. Speaker's Order Upheld as Valid Exercise of Constitutional Authority Under Article 191(2) and Paragraph 2(1)(a) of Tenth Schedule.

2 May 2023

The petitioner, Girish Chodankar, filed a writ petition under Article 226 of the Constitution challenging the order of the Speaker of the Goa Legislat...

High Court

Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Return of Minor Child to USA. Court holds that welfare of child is paramount and mere illegal removal from foreign jurisdiction does not automatically warrant return without considering child's best interests.

27 Sep 2022

The petitioner, Abhinav Gyan Prasad, a US citizen residing in the USA, filed a habeas corpus petition in the Bombay High Court seeking the production ...

High Court

Bombay High Court Allows Section 11 Applications to Appoint Arbitrator in LLP and Trust Dispute Over School Management Agreements. Court Holds That Arbitration Clause in School Management Services Agreement Binds Non-Signatory Trust Due to Interconnected Agreements.

23 Dec 2022

The judgment concerns two arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Edufocus International Edu...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Fresh Material — Reopening Based on Change of Opinion Invalid. The court held that without any new tangible material, the Assessing Officer cannot reopen an assessment completed under Section 143(3) beyond four years merely on a change of opinion.

10 Aug 2021

The petitioner, Alok Knit Exports Limited (formerly Niraj Realtors and Shares Pvt. Ltd.), challenged a notice dated 30 March 2019 issued under Section...

High Court

Bombay High Court Allows Tax Appeal in Penalty Jurisdiction Case — CIT(A) Remand Order Wipes Out AO's Penalty Initiation. Penalty proceedings under Section 271(1)(c) of Income Tax Act, 1961 cannot survive after the assessment order containing the satisfaction for initiation is set aside by CIT(A) without specific direction.

4 Feb 2020

The appellant, Gangadhar Narsingas Agrawal (HUF), filed a return of income for Assessment Year 1997-1998 disclosing a loss. The Assessing Officer (AO)...

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