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Supreme Court

Supreme Court Upholds Setting Aside of Ex Parte Preliminary Decree in Redemption Suit — Order 9 Rule 13 CPC Maintainable. The court held that a decree passed after defendants were proceeded ex parte under Order 9 Rule 6(1)(a) and the court proceeded under Order 17 Rule 2 (Explanation) is an ex parte decree amenable to Order 9 Rule 13 CPC.

1 Feb 2019

The original appellant, G. Ratna Raj (since deceased, represented by legal representatives), filed a civil suit (C.S. No. 131/1999) in the High Court ...

Supreme Court

Supreme Court Sets Aside High Court Order in Income Tax Trust Registration Cancellation Case. Single Bogus Donation Can Trigger Cancellation Proceedings Under Section 12AA(3) of Income Tax Act, 1961.

1 Feb 2019

The case involves an appeal by the Commissioner of Income Tax (Exemptions), Kolkata against an order of the Calcutta High Court which quashed the canc...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Limitation for Voidable Alienations by Guardian. Suit for Declaration and Possession Without Seeking Setting Aside of Sale Deeds Held Maintainable Under Article 65 of Limitation Act, 1963.

1 Feb 2019

The case involves a property dispute arising from a Will executed by Petha Gounder on 17.05.1971, bequeathing a life interest to his sons Kannan and B...

Supreme Court

Supreme Court Reverses High Court in Section 80-IC Tax Exemption Case — Substantial Expansion Does Not Entitle Assessee to Reset 100% Deduction Period. The court held that the fixed exemption structure under Section 80-IC(3) cannot be altered by substantial expansion, and the total deduction period remains capped at ten years.

1 Feb 2019

The Supreme Court considered a batch of appeals arising from a common judgment of the Himachal Pradesh High Court concerning the interpretation of Sec...

Supreme Court

Supreme Court Dismisses Appeal in Medical Negligence Case — No Negligence Found in Treatment and Discharge of Cancer Patient. Doctor's Decision to Administer Oral Antibiotic and Discharge Patient Held to Be Within Accepted Medical Practice Under Bolam Test.

1 Feb 2019

The appellant, Vinod Jain, filed a consumer complaint alleging medical negligence against Santokba Durlabhji Memorial Hospital and Dr. R.K. Jat after ...

Supreme Court

Supreme Court Allows Suspended Director Access to Resolution Plans in Insolvency Case — Right to Effective Participation Under IBC. Suspended Board Members Entitled to Receive Resolution Plans and Relevant Documents for Effective Participation in CoC Meetings Under Section 24(3) of IBC and Regulation 21 of CIRP Regulations.

31 Jan 2019

The appeal arose from an Appellate Tribunal's order denying the appellant, a suspended director of Ruchi Soya Industries Ltd. (corporate debtor), acce...

Supreme Court

Supreme Court Allows NDMC Appeals in Property Tax Dispute — Upholds Unit Area Method as Valid. The impugned Bye-laws are not ultra vires the NDMC Act, 1994, as they fall within the rule-making power under Section 388 and are consistent with Section 63.

30 Jan 2019

The Supreme Court allowed the appeals filed by the New Delhi Municipal Council (NDMC) against the Delhi High Court judgment dated August 10, 2017, whi...

Supreme Court

Supreme Court Allows Landlord's Appeal in Rent Dispute Under Rajasthan Rent Control Act, 2001. Tenant's Unilateral Reduction of Agreed Rent Constitutes Default Justifying Eviction.

29 Jan 2019

The appellant, Harbans Kaur, is the landlord of Shop No.3 and 4 in Plot No.362, which was let out to the respondent-tenant, Iqbal Singh, in August 199...

Supreme Court

Supreme Court Allows Union of India's Appeal in FERA Repeal Case — Appeal Against Post-Repeal Adjudication Order Lies Before Appellate Tribunal Under Section 19 of FEMA, Not Special Director (Appeals) Under Section 17 of FEMA. The Court held that the saving clause in Section 49 of FEMA does not preserve the appellate forum under FERA for orders passed after repeal, and the appellate forum is determined by the date of the order.

29 Jan 2019

The Supreme Court allowed the appeal filed by the Union of India against the judgment of the Bombay High Court. The controversy centered on the proper...

Supreme Court

Supreme Court Allows Appeal in Civil Jurisdiction Dispute — Holds Civil Court Has Jurisdiction to Declare Gift Deed Void Despite Revenue Proceedings Under Rajasthan Tenancy Act, 1955. The Court set aside the High Court's order rejecting the plaint and remanded the matter for determination of jurisdiction after framing preliminary issues and recording evidence.

29 Jan 2019

The appellant, Pyarelal, filed a civil suit seeking a declaration that a gift deed dated 10 February 2011 was void to the extent of his share in agric...

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