Search Results for "Section 56"

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High Court Dismisses Arbitration Petition Challenging Award Under Arbitration and Conciliation Act, 1996 -- MOU Found Not Amenable to Specific Performance Due to Third-Party Litigation

The High Court dismissed an Arbitration Petition challenging an Arbitral Award that rejected claims for specific performance of a Memorandum of Unders...

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High Court Allows Impleadment of Liquidator in Pending Salary Recovery Suit -- Interprets IBC Provisions on Continuation of Proceedings Post-Liquidation -- Sets Aside Trial Court Order Dismissing Chamber Summons

The Petitioner, a former employee of Respondent No.1 company, had filed a Summary Suit in 2017 for recovery of salary dues -- After the company went i...

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Supreme Court Quashes Criminal Proceedings in Company Dispute Under Companies Act and IPC -- Civil Nature and Statutory Bar Upheld

The Supreme Court allowed criminal appeals filed by Yerram Vijay Kumar and Rajeev Kumar Agarwal against the State of Telangana and others, quashing cr...

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Supreme Court Allows Appellant's Appeal -- Reinstates Criminal Proceedings Against Executive Engineer Despite Exoneration in Disciplinary Proceedings Under Prevention of Corruption Act, 1988

The Supreme Court heard an appeal by the Karnataka Lokayukta against a High Court judgment quashing criminal proceedings against the respondent, an Ex...

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Supreme Court Upholds Conviction but Grants Probation to Accused in Cruelty Case Under Section 498A IPC - Imprisonment Set Aside Due to Clean Antecedents, Long Passage of Time, and Welfare of Dependent Child, with Probation Ordered Under Section 360 CrPC and Probation of Offenders Act, 1958.

The appeal arose from a judgment of the High Court of Judicature at Madras, which partly allowed a criminal appeal under Section 374(2) CrPC, maintain...

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Deemed Dealer under MVAT Act and Prospective Effect of Tax Liability. High Court of Bombay Decides on Tax Liability of Government-Constituted Trust under Maharashtra Value Added Tax Act, 2002

On the Issue of Deemed Dealer: The Court held that SASF was a “deemed dealer” under Section 2(8) of the MVAT Act. The Court found that SASF fel...

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Reopening of Assessment Beyond Four Years Held Illegal Without Fresh Tangible Material. Reassessment Under Section 147 of Income Tax Act, 1961 Quashed Due to Lack of Jurisdiction and Change of Opinion

The Bombay High Court quashed the notice dated 27 March 2021 under Section 148 and the assessment order dated 29 March 2022, holding that: The reopen...