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Supreme Court

Supreme Court Allows Appeal in Income Tax Case: Subscriptions Received Under Collective Investment Schemes Held to be Capital Receipts Not Income. Peerless General Finance's Subscriptions Not Forfeited During Assessment Years, Hence Not Taxable as Income.

9 Jul 2019

The appeal arose from a dispute between The Peerless General Finance and Investment Company Ltd. (appellant) and the Commissioner of Income Tax (respo...

Supreme Court

Supreme Court Restores Arbitral Award in Coal Supply Dispute, Upholds Plausible Contract Interpretation. High Court Exceeded Section 37 Jurisdiction by Substituting Its Own Construction of Coal Mining and Delivery Agreement.

27 May 2019

The dispute arose from a Coal Mining and Delivery Agreement (CMDA) executed on 16.07.2008 between Parsa Kente Collieries Limited (appellant) and Rajas...

Supreme Court

Supreme Court Upholds Life Imprisonment with 25-Year Minimum in Khairlanji Mass Murder Case — Death Sentence Commuted Due to Lack of Criminal Record and Absence of Caste Motive. The Court affirmed that the case did not fall within the rarest of rare category under Section 302 IPC read with Section 354(3) CrPC, as the crime arose from a personal dispute rather than caste animus.

24 May 2019

The case arises from the brutal murder of four members of a Scheduled Caste family in Khairlanji village on 29 September 2006. The victims were Surekh...

Supreme Court

Supreme Court Quashes Criminal Complaint for Theft of Documents in Corporate Dispute — Internal Audit Reports and Confidential Documents Not 'Stolen' as They Were Obtained Through Legal Proceedings. The Court held that the ingredients of theft under Section 379 IPC are not satisfied when documents are obtained through legal proceedings and used in bona fide litigation, and continuation of criminal proceedings would be an abuse of process.

15 May 2019

The appeals arise from a criminal complaint filed by Birla Corporation Limited (the appellant) against Adventz Investments and Holdings Limited and ot...

Supreme Court

Supreme Court Allows Appeals in NDPS Case: Summoning Under Section 319 CrPC After Conviction Is Impermissible. The power under Section 319 CrPC can be exercised only before the pronouncement of judgment; once the trial concludes and judgment is pronounced, the court becomes functus officio.

10 May 2019

The Supreme Court of India heard two criminal appeals arising from a common judgment of the Punjab and Haryana High Court, which had dismissed crimina...

Supreme Court

Supreme Court Allows Banks to Deny Legal Representation in Wilful Defaulter Proceedings. In-House Committees of Banks Are Not Tribunals Under Section 30 of Advocates Act, 1961, and Right to Lawyer Is Not Part of Natural Justice.

8 May 2019

The Supreme Court considered appeals against the Delhi High Court judgment which held that a borrower is entitled to be represented by a lawyer before...

Supreme Court

Supreme Court Upholds CRZ Violations in Maradu Municipality Construction Case — Coastal Zone Management Authority's Powers Affirmed. Construction in CRZ-III No Development Zone Without Prior Concurrence of Authority Violates Environment Protection Act, 1986 and CRZ Notification 1991.

8 May 2019

The appeals were filed by the Kerala State Coastal Zone Management Authority (KCZMA) against the judgment of the Kerala High Court which had allowed w...

Supreme Court

Supreme Court Dismisses Challenge to Amended Recruitment Rules Equating Posts of Principal and Joint Chief Inspector of Factories as Infructuous Due to Retirement of Employee. Transfer Order Set Aside as Mala Fide; Period Between Transfer and Superannuation Treated as Dies Non.

1 May 2019

The case involves appeals by the Union of India against a common judgment of the Madras High Court confirming orders of the Central Administrative Tri...

Supreme Court

Supreme Court Sets Aside High Court Order Directing CBI Investigation into Transfer of Deity Property in Public Interest Litigation. High Court Exceeded Jurisdiction by Entertaining Dispute Lacking Public Element and Ordering Investigation Without Prima Facie Material.

1 May 2019

The Supreme Court allowed the appeal against the High Court of Jharkhand's order directing the Central Bureau of Investigation to investigate the tran...

Supreme Court

Supreme Court Dismisses Premature Release Petition of Life Convict in Dacoity and Murder Case — Holds That Conviction Under Unconstitutional Arms Act Provision Does Not Automatically Entitle Release, and That State's Rejection of Earlier Representation Was Valid

25 Apr 2019

The petitioner, Rajan, a Sri Lankan refugee, was convicted for dacoity, murder (3 counts), attempt to murder (4 counts), and arms offences in connecti...

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