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Supreme Court

Supreme Court Partly Allows Appeals in Income Tax Dispute Over Disallowance of Fees and Taxes Under Section 40(a)(iib) of Income-tax Act, 1961. The Court upheld the High Court's finding that gallonage fee, licence fee, and shop rental for FL9 licences were disallowable as exclusive levies on a State Government undertaking, while those for FL1 licences were not exclusive, and surcharge on sales tax and turnover tax were not fees or charges under Section 40(a)(iib) of the Income-tax Act, 1961.

3 Jan 2022

The appeals arose from a common judgment of the High Court of Kerala in income tax matters involving Kerala State Beverages Manufacturing & Marketing ...

Supreme Court

Supreme Court Upholds Class Action by Homebuyers Under Section 35(1)(c) of Consumer Protection Act, 2019 — Builder's Objection on Miniscule Percentage Rejected. Commonality of Interest Found in Delay in Possession and Unfair Trade Practices, Allowing Representative Complaint for All 1134 Apartment Purchasers.

17 Dec 2021

The case involves an appeal by Brigade Enterprises Limited, a builder, against an order of the National Consumer Disputes Redressal Commission (NCDRC)...

Supreme Court

Supreme Court Allows Appeal Against Dismissal of Complaint on Technical Ground — Remands for Merits Consideration. State Bar Council's Failure to Dispose Complaint Within One Year Leads to Transfer; Bar Council of India Must Not Dismiss on Technicalities.

17 Dec 2021

The appellant, K. Anjinappa, filed a complaint against his advocate for professional misconduct before the Bar Council of State of Andhra Pradesh unde...

Supreme Court

Supreme Court Allows Appeal in Recovery Suit — Holds That High Court Erred in Dismissing Suit on Grounds Not Raised in Pleadings and Without Considering Documentary Evidence. The Court restored the decree for recovery of Rs.96,41,765.31 with interest at 15% per annum from the date of suit till payment.

16 Dec 2021

The appellant, M/s Star Paper Mills Limited, filed a suit for recovery of Rs.96,41,765.31 against the respondents, M/s Beharilal Madanlal Jaipuria Ltd...

Supreme Court

Supreme Court Dismisses Appeal Against NCDRC Order Condoning Delay in Filing Written Statement — Prospective Application of Limitation Period Under Section 13 of Consumer Protection Act, 1986. The Court held that the NCDRC's discretion exercised before the Constitution Bench judgment in New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage Pvt. Ltd. was valid and not liable to be interfered with.

14 Dec 2021

The appeal arose from an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 25 February 2020, which condoned a delay of 100 da...

Supreme Court

Supreme Court Allows Housing Board Appeal in Consumer Dispute Over Cancellation of Registration — Limitation Bar Under Section 24A of Consumer Protection Act, 1986 Applied. The Court held that the consumer complaint filed 11 years after cancellation was time-barred and the allottee was in default.

11 Dec 2021

The Supreme Court allowed the appeals filed by the Rajasthan Housing Board against the judgment of the National Consumer Disputes Redressal Commission...

Supreme Court

Supreme Court Allows State's Appeal Against High Court's Direction to Retrospectively Appoint Compassionate Appointee to Higher Post. Candidate Who Accepted Lower Post with Undertaking Is Estopped from Claiming Retrospective Appointment to Higher Post.

11 Dec 2021

The Supreme Court allowed the appeals filed by the State of Tamil Nadu against the judgment of the Division Bench of the Madras High Court (Madurai Be...

Supreme Court

Supreme Court Dismisses Hospital's Appeal Against NCDRC Order Exonerating Insurer in Medical Negligence Case. Insurance Policies Taken by Doctors Cannot Be Used to Fasten Liability on Insurer for Hospital's Own Negligence.

11 Dec 2021

The appellant, M/s Sheth M L Vaduwala Eye Hospital, a charitable trust registered under the Bombay Public Trust Act, 1961, conducted an eye camp betwe...

Supreme Court

Supreme Court Sets Aside Bail Granted by High Court in Murder Case Due to Lack of Reasoning and Failure to Consider Criminal Antecedents. The High Court's orders granting bail were cryptic and did not consider the gravity of the offence or the criminal antecedents of the accused.

10 Dec 2021

The appeals were filed by the informant-appellant, the mother of the deceased Rupesh Kumar, challenging the orders dated 22.07.2021 and 13.09.2021 pas...

Supreme Court

Supreme Court Dismisses Appeal by Distribution Licensee, Holds Captive Users Not Liable for Additional Surcharge Under Section 42(4) of Electricity Act, 2003. Captive generation and open access for self-consumption are statutory rights under Section 9, not requiring State Commission permission, thus additional surcharge is not leviable.

10 Dec 2021

The case involves an appeal by Maharashtra State Electricity Distribution Co. Ltd. (the distribution licensee) against the order of the Appellate Trib...

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