Search Results for "Article 19(2)"

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Supreme Court Constitution Bench Examines Applicability of Part I of Arbitration Act, 1996 to Foreign-Seated Arbitrations. Reference Arises from Conflicting Views in Bhatia International and Venture Global Engineering.

The Supreme Court of India, by a reference order dated 16 January 2008, directed the listing of Civil Appeal No. 7019 of 2005 and connected matters be...

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Madras High Court Dismisses Writ Petition and Review Petitions in Land Acquisition Matter — No Entitlement to Alternate Land When Original Acquisition Not Challenged. Petitioners who accepted compensation for land acquired for road widening cannot seek alternate land via mandamus or review.

The judgment involves a writ petition filed by Tmt. Kumari under Article 226 of the Constitution of India seeking a writ of mandamus to direct the sec...

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Madras High Court Dismisses Revenue's Appeals in Insurance Company Tax Case — Upholds ITAT Order on Disallowance of Claims and Deductions. The court held that the assessee's method of accounting for outstanding claims and the deduction under Section 80M were correctly allowed by the Tribunal.

The case involves a batch of appeals filed by the Principal Commissioner of Income Tax, Chennai, under Section 260A of the Income Tax Act, 1961, again...

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Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

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Karnataka High Court Considers Criminal Petition Under Section 482 CrPC Seeking Quashing of Private Complaint for Alleged Forgery and Cheating. The Petitioners, Accused Nos. 4 to 6, Alleged that the Complaint Was Civil in Nature and Filed After Unexplained Delay.

The petitioners, accused Nos. 4 to 6 in private complaint P.C.R.No.74 of 2022, filed a criminal petition under Section 482 of the Code of Criminal Pro...

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Bombay High Court Dismisses Acquitted Accused's Writ Petition for Rs.200 Crore Compensation as Acquittal Does Not Automatic Entitlement. The Court Holds That Compensation Under Article 226 Requires Proof of Malicious Prosecution and Violation of Fundamental Rights, Not Mere Acquittal.

The present writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 was filed by the peti...

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High Court of Karnataka Hears Batch of Writ Petitions Challenging Late Filing Fee Under Section 234E of Income Tax Act. Petitioners Seek Declaration that Section 234E is Unconstitutional and Violative of Articles 14, 265, and 277.

This batch of writ petitions was filed before the High Court of Karnataka under Articles 226 and 227 of the Constitution of India challenging the cons...

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High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty Under Section 9(1)(vi) of Income Tax Act, 1961. Payment for shrink-wrapped software held to be for copyright article, not transfer of copyright rights, thus not taxable as royalty.

The case involves two appeals filed by the Revenue (Commissioner of Income Tax and Deputy Commissioner of Income Tax (TDS)) against the common order o...