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Supreme Court

Supreme Court Allows Appeals in Sales Tax/VAT Cases on Vehicle Hire Contracts, Finding No Transfer of Right to Use Goods. Contracts Where Contractor Retained Control, Maintenance Responsibility, and Risk Do Not Constitute Deemed Sale Under Article 366(29A)(d) of Constitution of India and Assam Tax Acts.

9 Jan 2024

The Supreme Court considered a group of appeals concerning tax liability under the Assam General Sales Tax Act, 1993 and Assam Value Added Tax Act, 20...

Supreme Court

Supreme Court Allows Civil Appeal in Arbitration Dispute, Restoring Arbitral Award Modified by Lower Courts. Judicial Interference Under Section 34 of Arbitration and Conciliation Act, 1996 is Limited, and Courts Cannot Re-appreciate Evidence or Modify Awards on Merits.

4 Jan 2024

The dispute arose from a construction contract between a civil engineering contractor and the Karnataka State Public Works Department for building off...

Supreme Court

Supreme Court Dismisses Appeal in COFEPOSA Detention Case, Upholding High Court's Refusal to Set Aside Order. The Court Found Compliance with Article 22(5) of the Constitution as Authorities Served Grounds in Bengali and Informed Detenue of Right to Representation Despite His Refusal, Based on Signed Panchnama and Diligent Attempts.

4 Jan 2024

The Supreme Court heard an appeal by the brother-in-law of a detenue challenging a detention order under the Conservation of Foreign Exchange and Prev...

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...

Supreme Court

Supreme Court Dismisses Defendants' Appeal in Property Title Dispute Upholding High Court's Restoration of Trial Court Decree. Court Applied Section 47 of Registration Act, 1908 to Hold That Sale Deed Operates from Execution Date When Consideration Fully Paid, Making Unilateral Alterations Before Registration Invalid.

2 Jan 2024

The Supreme Court heard a civil appeal filed by unsuccessful defendants challenging the Punjab and Haryana High Court's judgment that restored the tri...

Supreme Court

Supreme Court Dismisses Appeal in Property Dispute, Upholding High Court's Decree for Possession and Injunction. The Court held that the suit was not under Section 6 of the Specific Relief Act, 1963, making the appeal competent, and rejected belated applications for amendment of written statement and additional grounds at the appellate stage.

29 Mar 2023

The dispute originated from a suit filed by the plaintiff (respondent) seeking permanent injunction and later amended to include prayers for possessio...

Supreme Court

Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

29 Mar 2023

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

Supreme Court

Supreme Court Dismisses State's Appeal Against Setting Aside of Penalty on Contractors in Government Contract Dispute. Penalty Imposition During Extension of Time Found Impermissible Under Clause 3.5.5(v) of Odisha Public Work Department Code, Volume I, Which Applies Only to Contract Termination Scenarios.

24 Mar 2023

The Supreme Court heard appeals filed by the State of Orissa challenging the High Court's decision to set aside penalties imposed on contractors while...

Supreme Court

Supreme Court Allows Management's Application in Land Sale Dispute by Invoking Principle of Restitution to Correct Erroneous Disbursement. Court Held That Funds Diverted to Parties Without Adjudication of Claims Must Be Returned to Protect Stakeholder Interests Under Inherent Jurisdiction and Section 144 of Code of Civil Procedure, 1908.

23 Mar 2023

The Supreme Court considered an application (I.A. No. 88960 of 2020) filed by the management of Unitech Limited seeking various directions related to ...

Supreme Court

Supreme Court Clarifies High Court's Writ Jurisdiction Over Armed Forces Tribunal Orders in Service Matters. The court held that orders of the Armed Forces Tribunal are amenable to challenge under Article 226 of the Constitution, as judicial review is part of the basic structure and Section 14 of the Armed Forces Tribunal Act, 2007 saves such jurisdiction, ensuring litigants have access to justice where alternative appeals are limited.

21 Mar 2023

The judgment addressed a legal conundrum regarding the amenability of Armed Forces Tribunal orders to challenge under Article 226 of the Constitution ...

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