Search Results for "Discretion"

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Supreme Court of India Held Appellants Guilty of Contempt for Disobedience of Undertaking Regarding Alienation of Suit Property

Disobedience of an injunction order remains punishable even if the underlying suit is later dismissed (Samee Khan v. Bindu Khan). A lawyer’...

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Supreme Court Rules on Custody of US Citizen with Intellectual Disability: Repatriation to US Deemed in Best Interest. Court Emphasizes Best Interests of Child Over Parental Disputes, Upholds Guardianship Order

Best Interests of the Child: The Court emphasized that the welfare and best interests of the child are paramount in custody disputes, especially when...

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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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Ex-Parte Decree – Condonation of Delay – Equitable Jurisdiction – Reinstatement of Trial Court’s Order

The Supreme Court allowed the appeal and set aside the High Court’s order, thereby restoring the Trial Court’s decision rejecting the appl...

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Interpretation Of Manufacturing Process Under Factories Act, 1948 – Business Of Laundry Held To Constitute Manufacturing Process – Premises Deemed A Factory – Order Issuing Process Restored.

a. Definition of manufacturing process under Section 2(k) includes washing and cleaning for delivery and use – Laundry service falls squarely within...

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Bombay High Court – Income Tax – Remission of Matter to Dispute Resolution Panel (DRP) – Costs Imposed on Petitioner. Failure to inform the Assessing Officer of pending objections before the Dispute Resolution Panel led to the setting aside of the assessment order with costs imposed.

The Court exercised its discretion in setting aside the assessment order due to the Petitioner’s procedural lapse, emphasizing that such indulgence ...

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Supreme Court Quashes High Court's Stay on Discharge Order — Upholds Liberty of Accused. Apex Court Reaffirms Higher Pedestal of Discharged Accused — Lays Down Strict Parameters for Stay on Discharge Orders

Supreme Court quashed the High Court’s stay and surrender order — Held that stay on discharge orders should only be granted in rare and exceptiona...

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Counter-Claim Application Filed at a Belated Stage Rejected — Application for Counter-Claim After Framing of Issues and Recording of Evidence Not Permissible — Exceptional Circumstances Not Established

Counter-claims must generally be filed before the framing of issues; exceptional circumstances allowing later filing were absent in this case. Judici...

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Retrospective Effect of Unconstitutional Provisions – Arbitral Tribunal Directed to Reconsider Solatium – Judicial Discretion Under Section 34(4) of Arbitration and Conciliation Act, 1996 Upheld

National Highways Act, 1956 – Section 3(J) Declared Unconstitutional – Arbitral Award Remitted for Solatium Consideration – Writ Petition Dismis...