Search Results for "Binding Precedent"

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Supreme Court

Supreme Court Allows Appeal of Manufacturer in Central Excise Valuation Dispute — Voluntary Charitable Donation (Dharmada) Not Part of Transaction Value Under Section 4 of Central Excise Act, 1944. Court Holds That Only Consideration for Sale of Goods or Additional Consideration in Connection with Sale Can Be Included; Voluntary Payment for Charity Falls Outside Scope.

9 Apr 2019

The appellant-assessee, M/s D.J. Malpani, manufactured goods falling under Chapter 24 of the Central Excise Act, 1944. While selling goods, the appell...

Supreme Court

Supreme Court Remands Case to High Court for Fresh Consideration in Arbitration Application Dispute — Partnership Deed Clause and Unregistered Partnership Issue. The Court held that the High Court erred in not considering the precedent in Krishna Motor Service vs. H.B. Vittala Kamath regarding the maintainability of an application under Section 20 of the Arbitration Act, 1940 in respect of an unregistered partnership.

4 Apr 2019

The Supreme Court allowed the appeal filed by the legal representatives of the original defendants against the judgment of the Allahabad High Court. T...

Supreme Court

Supreme Court Refers to Larger Bench Question of Maintainability of Review Petition After Dismissal of SLP in Limine. The issue is whether a review petition is maintainable before the High Court after the Supreme Court dismisses a special leave petition without granting leave, particularly when the dismissal is in limine and by a non-speaking order.

1 Mar 2019

The case arises from a money suit filed by the respondent (a cooperative sugar factory under liquidation) against the appellant (Khoday Distilleries L...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Acquittal Based on Fiduciary Relationship. Concurrent Findings of Fact Cannot Be Upset in Revision Without Perversity; Presumption Under Section 139 NI Act Applies Even Between Fiduciaries.

6 Feb 2019

The appellant-complainant, Bir Singh, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent-accu...

Supreme Court

Supreme Court Allows Dealer's Appeal in Sales Tax Dispute Over Free Warranty Replacement of Defective Parts. The Court Held That Free Replacement Under Warranty Does Not Constitute a Sale Under Section 4(1) of the Sale of Goods Act, 1930, as Consideration Is Already Included in the Original Sale Price.

5 Feb 2019

The Supreme Court considered a batch of appeals concerning the liability to sales tax on free replacement of defective parts in motor vehicles during ...

Supreme Court

Supreme Court Upholds High Court Order Quashing Chairman's Stay on Tribunal Proceedings — Chairman of Central Administrative Tribunal Cannot Stay Proceedings Pending Before a Division Bench While Sitting Singly. The Court held that the Chairman's power under Section 5(6) read with Section 25 of the Administrative Tribunals Act, 1985 does not extend to staying proceedings before a co-ordinate Bench.

1 Feb 2019

The Supreme Court dismissed the appeal filed by All India Institute of Medical Sciences (AIIMS) against the Uttarakhand High Court's order quashing th...

Supreme Court

Supreme Court Upholds Age Limit and Recruitment Interval Rules for Uttar Pradesh Higher Judicial Service. Rules 8(1) and 12 of UPHJS Rules, 1975 Held Valid as Not Manifestly Arbitrary Under Articles 14 and 16.

29 Jan 2019

The Supreme Court considered the constitutional validity of Rules 8(1) and 12 of the Uttar Pradesh Higher Judicial Service Rules, 1975. The petitioner...

Supreme Court

Supreme Court Allows State's Appeal in Compassionate Appointment Case Due to Delay and Inclusion of Pension in Income. Family pension can be considered in assessing indigent circumstances, and a seven-year delay in filing writ petition is fatal to the claim.

16 Jan 2019

The Supreme Court allowed the appeal filed by the State of Himachal Pradesh against the judgment of the High Court of Himachal Pradesh which had direc...

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