Search Results for "mutuality"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
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Search Results for "mutuality"

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Supreme Court

Supreme Court Dismisses Appeal of Yum! Restaurants (Marketing) Private Limited in Doctrine of Mutuality Case — Surplus from AMP Activities Held Taxable as Income. Contributions from Non-Beneficiaries and Lack of Complete Identity Between Contributors and Beneficiaries Defeats Claim of Mutuality Under Income Tax Act, 1961.

24 Apr 2020

The appeal arose from a dispute between Yum! Restaurants (Marketing) Private Limited (YRMPL), a wholly owned subsidiary of Yum! Restaurants (India) Pv...

Supreme Court

Supreme Court Upholds Doctrine of Mutuality for Incorporated Clubs — Supply of Food and Drinks to Members Not Taxable as Sale. The Court held that Article 366(29-A)(e) does not override the mutuality principle and that incorporated clubs acting as agents of their members do not effect a 'sale' under sales tax laws.

3 Oct 2019

The Supreme Court in this batch of appeals considered the applicability of the doctrine of mutuality to incorporated clubs after the 46th Amendment to...

Supreme Court

Supreme Court Allows Set-Off Claim in Corporate Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. The court held that set-off is permissible during CIRP as it promotes efficiency and equity, and the moratorium under Section 14 does not automatically prohibit such adjustments when claims arise from mutual and connected transactions.

3 Jan 2024

The appeal before the Supreme Court involved a dispute between Bharti Airtel Limited and Bharti Hexacom Limited (Airtel entities) and Aircel Limited a...

High Court

Bombay High Court Allows Writ Petition of Members' Club Against Entertainment Duty Demand on Billiards Tables. Principle of Mutuality and Absence of Admission Fee Render Levy Under Section 3 of Maharashtra Entertainments Duty Act, 1963 Inapplicable.

11 Jan 2017

The petitioner, Gondwana Club, a society registered under the Societies Registration Act, challenged the proceedings initiated by the Entertainment Ta...

High Court

High Court of Karnataka Dismisses Appeal by Agricultural Produce Marketing Committee in Specific Performance Suit — Lease Agreement with Option to Purchase Enforceable Against Lessor's Successor-in-Interest. Court held that a lease deed containing an option to purchase the leased property is a contract for sale and specific performance can be granted against the successor-in-interest who took the property with notice of the agreement.

5 Mar 2020

The appellant, Agricultural Produce Marketing Committee (APMC), Bellary, was the defendant No.1 in a suit for specific performance filed by the respon...

Supreme Court

Supreme Court Sets Aside Injunction in Specific Performance Suit Due to Lack of Prima Facie Case and Delay. The Court held that the plaintiff failed to establish a strong prima facie case of a concluded contract under the Specific Relief Act, 1963, and the unexplained delay of over 7 months in filing the suit weighed against grant of temporary injunction.

6 Jan 2020

The Supreme Court of India heard appeals against a common order of the Gujarat High Court affirming a temporary injunction granted by the trial court ...

High Court

Bombay High Court Allows Petitions Challenging Denial of Denatured Spirit License for Industrial Use. Held that rectified spirit/denatured spirit is not 'intoxicating liquor' under the Bombay Prohibition Act, 1949 and that the State cannot refuse license for industrial use under the Bombay Denatured Spirit, Methyl Alcohol and Varnish (Miscellaneous) Rules, 1954.

27 Feb 2017

The petitioners, M/s. Biostar Pharmaceuticals Limited and Mr. Ashok Bora, filed two writ petitions challenging the refusal of the State Excise authori...

High Court

Bombay High Court Dismisses Revenue Appeal in Goregaon Sports Club Case — Club Promoting Sports Held Charitable Under Section 2(15) of Income Tax Act, 1961. Principle of Mutuality Not Applicable as Facilities Open to General Public Without Restriction.

14 Feb 2012

The case involves an appeal by the Revenue under Section 260A of the Income Tax Act, 1961 against the decision of the Income Tax Appellate Tribunal (I...

Supreme Court

Supreme Court Dismisses Special Leave Petition in Arbitration Matter Upholding High Court's Quashing of Arbitral Award. Court Found No Valid Arbitration Agreement Between Parties and That State Government Lacked Jurisdiction to Appoint Arbitrator Under Section 143-A(3) of Maharashtra Municipal Councils Act, 1965 for Octroi Collection Contract Dispute.

24 Mar 2026

The dispute originated from an octroi collection contract awarded by Ambernath Municipal Council to Petitioners. through a tender process in March 199...

Supreme Court

Supreme Court Dismisses Appeal in Central Excise Valuation Dispute Over Related Person Status. The court held that sales between subsidiaries of a common holding company do not constitute transactions with a 'related person' under Section 4(4)(c) of the Central Excise Act, 1944, as there was no mutual interest in each other's business, applying the arm's length principle.

22 Mar 2023

The appeal arose from an order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) concerning the valuation of excisable goods under th...

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