Search Results for "Non Obstante Clause"

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Search Results for "Non Obstante Clause"

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High Court

High Court Quashes Income Tax Reopening Notices in Search-Based Assessment Cases Due to Mandatory Application of Section 153C. Assessing Officer Cannot Invoke General Reassessment Provisions Under Sections 147/148 When Material Originates from Search Under Section 132/132A, as Special Provisions Under Section 153C Override and Require Exclusive Procedural Compliance.

7 Jan 2026

The judgment concerned a group of petitions challenging notices issued under Section 148 of the Income-tax Act, 1961, reopening assessments under Sect...

Supreme Court

Supreme Court Allows Insurer's Appeal in Motor Accident Claim — Liability Shifted Back to Owner for Breach of Policy Condition. Vehicle Used for Religious Tour to Nepal Without Valid Permit Constitutes Fundamental Breach of Insurance Policy Under Section 149(2)(a)(i)(c) of Motor Vehicles Act, 1988.

1 Jan 2026

The appeal arises from a motor accident claim where a vehicle bearing registration CG/07-LP/0342, owned by Durg Roadways Private Limited, was involved...

Supreme Court

Supreme Court Dismisses Appeal in Railway Goods Shortage Claim — Transshipment Tally Entries Show Overloading, Not Shortage. The appellant failed to prove shortage of 1,742 bags of salt as transshipment tallies indicated overloading in several wagons, negating the claim under Sections 73 and 74 of the Railways Act, 1989.

1 Jan 2026

The appellant, M/S Bajaj Trading Company, entrusted 40,444 bags of salt to the respondent railway authorities for transport from Chirai Junction, Guja...

High Court

Bombay High Court Allows EPF Authority to Auction Defaulting Employer's Property Despite Bank's Secured Interest Under SARFAESI Act. Priority of EPF Dues Over Secured Creditors Under Section 11(2) of EPF Act Upheld.

17 Dec 2025

The Central Board of Trustees, Employees Provident Fund (Petitioner) filed a writ petition seeking auction of the property of Respondent No.2 (the emp...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Co-operative Bank Liquidation Case, Holding Priority Over Workmen's Dues Under SARFAESI Act. Section 26E of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 grants overriding priority to secured creditors over all other debts, including statutory dues like provident fund and wages.

20 Nov 2025

The appellant, a secured creditor, had advanced loans to a co-operative sugar factory (the respondent Society). The factory became defunct and default...

Supreme Court

"Supreme Court Clarifies Legislative Competence on Alcohol Regulation: Potable vs Industrial Alcohol" "A landmark judgment addressing the scope of State and Union powers on regulating alcohol under the Indian Constitution."

23 Oct 2024

The Supreme Court of India revisited the legislative competence concerning the regulation of alcohol under the Constitution. The court examined whethe...

Supreme Court

Supreme Court Upholds Validity of Section 29A of the Insolvency and Bankruptcy Code, 2016, Disqualifying Related Parties of Corporate Debtors from Submitting Resolution Plans. The Court holds that the disqualification under Section 29A(c) applies to persons acting jointly or in concert with a disqualified person, and that the provision is not retrospective in operation.

3 Oct 2024

The Supreme Court of India delivered a landmark judgment on the interpretation and validity of Section 29A of the Insolvency and Bankruptcy Code, 2016...

Supreme Court

Supreme Court Upholds Maintenance Rights for Divorced Muslim Women: Balancing Secular and Personal Laws. Court Affirms Applicability of Section 125 CrPC alongside the Muslim Women (Protection of Rights on Divorce) Act, Ensuring Comprehensive Support for Divorced Muslim Women.

10 Jul 2024

The appeal concerns the High Court of Telangana's modification of interim maintenance from INR 20,000 to INR 10,000 payable by the appellant to the re...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Priority Dispute Between SARFAESI Act and MSMED Act. SARFAESI Act's Express Priority Provisions Under Section 26E Prevail Over MSMED Act's Recovery Mechanism, as No Conflict Exists and Priority Must Be Expressly Provided.

5 Jan 2023

The dispute arose from conflicting recovery claims under the SARFAESI Act and MSMED Act against a debtor, Mission Vivacare, which had defaulted on loa...

Supreme Court

Supreme Court Allows Appeal of Taxpayer Against Non-Processing of Income Tax Returns and Refund Claims. Mandamus Issued to Process Returns Under Section 143(1) Within Four Weeks, Subject to Section 143(1D) and Section 241A of the Income Tax Act, 1961.

1 Jan 2020

The appellant, Vodafone Idea Ltd. (formerly Vodafone Mobile Services Ltd), is a telecommunications company that filed income tax returns for Assessmen...

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