Search Results for "Jurisdictional Conflict"

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Gujarat High Court Quashes Section 153C Notices for Lack of Valid Satisfaction Note in Search Case. Satisfaction Note Must Record Assessing Officer's Independent Application of Mind to Incriminating Material Before Issuing Notice Under Section 153C of Income-tax Act, 1961.

The petitioners, including Devang Hiralal Vaghasia, filed multiple writ petitions challenging notices issued under Section 153C of the Income-tax Act,...

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Supreme Court Allows Appeal in Specific Performance Suit Due to Buyer's Acceptance of Refund During Pendency. Acceptance of Refund of Earnest Money Indicates Lack of Readiness and Willingness, Making Suit Not Maintainable Under Specific Relief Act, 1963.

The dispute arose from a suit for specific performance of an Agreement to Sell dated 25th January 2008, executed between the buyer (Respondent No.1) a...

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Supreme Court Dismisses Appeal by State Undertaking in BOT Arbitration Dispute, Upholds Arbitral Award on Termination Payment. Court Reiterates Limited Scope of Judicial Interference Under Sections 34 and 37 of Arbitration and Conciliation Act, 1996, Emphasizing Finality of Arbitral Awards.

The Supreme Court dismissed the appeal filed by Madhya Pradesh Road Development Corporation Ltd. (MPRDC) against the judgment of the Madhya Pradesh Hi...

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High Court Quashes Eviction Order Under Senior Citizens Act -- Sons Successfully Challenge Tribunal's Jurisdiction -- Father Found Ineligible for Maintenance Yet Granted Eviction Relief

The High Court heard a Writ Petition challenging an eviction order against sons from their father's property under the Maintenance and Welfare of Pare...

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Supreme Court Allows Appeal in Arbitration Dispute: MP Act, 1983 Not Applicable Where Arbitration Clause Exists. Jurisdictional Objection Cannot Be Raised for First Time Under Section 34 of Arbitration and Conciliation Act, 1996.

The appeal arises from a judgment of the Madhya Pradesh High Court affirming the setting aside of an arbitral award under Section 34 of the Arbitratio...

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Supreme Court Allows Appeals by States of Karnataka and Kerala in Lottery Tax Dispute — State Legislatures Have Competence to Tax Lotteries Under Entry 62 List II. Regulatory Entry 40 List I Does Not Bar State Taxation of Lotteries Organised by Other States.

The Supreme Court considered appeals by the States of Karnataka and Kerala against judgments of their respective High Courts which had struck down sta...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Construction Dispute — No Grounds for Interference Under Section 34 of Arbitration and Conciliation Act, 1996. Court held that the arbitral tribunal's interpretation of contractual clauses was plausible and not patently illegal.

The petitioner, Maharashtra State Road Development Corporation Ltd., entered into a contract with the respondent, Jai Laxmi Constructions Engineers An...

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Supreme Court Dismisses Revenue's Appeal in Income Tax Assessment Nullity Case Due to Amalgamation. Assessment in Name of Non-Existent Entity Held Void Despite Participation by Successor Company.

The Supreme Court dismissed the appeal filed by the Revenue against the judgment of the Delhi High Court which had upheld the Income Tax Appellate Tri...