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Supreme Court

Supreme Court Allows Assessee's Appeal in Income Tax Deduction Case Under Section 80-IB for Duty Drawback and DEPB Receipts. Court Held That Duty Drawback and DEPB Receipts Are Profits Derived From Business Under Section 80-IB of Income Tax Act, 1961, as They Reimburse Manufacturing and Exporting Costs, Following Meghalaya Steels Limited and Topman Exports Precedents.

10 Apr 2023

The Supreme Court of India heard an appeal by an assessee, a partnership firm engaged in manufacturing and exporting wooden handicraft items, against ...

Supreme Court

Supreme Court Dismisses Landlord's Appeal in Eviction Petition Under Delhi Rent Control Act, 1958 Due to Res Judicata. The Second Eviction Petition Was Barred as the First Petition's Dismissal for Failure to Prove Landlord-Tenant Relationship Constituted a Decision on Merits Under Order 17 Rule 3 CPC, Attaining Finality Under Section 11 CPC.

29 Mar 2023

The appeal originated from an eviction petition under the Delhi Rent Control Act, 1958. The appellants, as landlords, filed a second eviction petition...

Supreme Court

Supreme Court Dismisses Appeal in Forfeiture Case Under Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976. The court upheld the forfeiture of a theatre property as the appellants failed to prove legitimate sources of funds and were associates of a person detained under COFEPOSA, with no entitlement to pay a fine in lieu of forfeiture under Section 9.

22 Mar 2023

The appeal arose from a judgment of the High Court of Karnataka upholding an order forfeiting M/s. Platinum Theatre under the Smugglers and Foreign Ex...

Supreme Court

Supreme Court Dismisses Appeal in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881 Despite Insolvency Proceedings. Criminal Liability Under Section 138 Negotiable Instruments Act, 1881 Continues Simultaneously with Insolvency Resolution Under Insolvency and Bankruptcy Code, 2016 as Proceedings are Penal and Not Covered by Moratorium Under Section 14.

15 Mar 2023

The dispute arose from a dishonoured cheque issued by M/s Rainbow Papers Limited, a company, to Tourism Finance Corporation of India Limited, a public...

Supreme Court

Supreme Court Dismisses Appeals in Corporate Insolvency Case Involving Land Ownership and Development Rights Dispute. Court Upholds NCLAT Order Protecting Licensee's Possession of 10000 Sq.Ft. While Preserving Corporate Debtor's Development Rights as Intangible Assets Under Insolvency and Bankruptcy Code, 2016.

14 Mar 2023

The appeals arose from a common order of the National Company Law Appellate Tribunal dismissing two independent appeals filed against an order of the ...

Supreme Court

Supreme Court Dismisses Appeal in Arbitration Award Challenge - Upholds Division Bench's Setting Aside of Award on Public Policy and Limitation Grounds. Award Found Contrary to Public Policy Due to Unsustainable Accounting Method Over 21 Years and Counter Claim Barred by Limitation Under Section 17 of Limitation Act, 1963 as Filed Beyond 3 Years from Knowledge of Alleged Fraud.

2 Mar 2023

The appeal arose from an order of the Madras High Court Division Bench which set aside an arbitral award that had been upheld by a single judge. The d...

Supreme Court

Supreme Court Allows Appeal in Motor Vehicle Accident Claim, Restoring Compensation Based on Income Tax Returns. Income Tax Returns and Audit Reports Held Reliable Evidence for Determining Loss of Income Under Section 168 of Motor Vehicles Act, 1988, Overturning High Court's Use of Notional Income.

30 Sep 2022

The Supreme Court heard a civil appeal arising from a motor vehicle accident claim. The deceased, a businessman aged above 31 years, died in a collisi...

Supreme Court

Supreme Court Allows Withdrawal of Insolvency Application Before Committee of Creditors Constitution Based on Settlement. Section 12A of Insolvency and Bankruptcy Code, 2016 Permits Withdrawal by Applicant Before CoC Formation, and Inherent Powers Under Rule 11 of NCLT Rules, 2016 Can Be Exercised for Ends of Justice to Facilitate Settlement.

22 Sep 2022

The appeal arose from an interim order of the National Company Law Appellate Tribunal (NCLAT) in an insolvency matter. The appellant, an erstwhile dir...

Supreme Court

Supreme Court Allows Appeal Against Quashing of Criminal Proceedings Under Negotiable Instruments Act, 1881. High Court Erred in Adopting Hypertechnical Approach to Complaint Averments Under Section 141, as Specific Allegations of Partner's Involvement in Firm Affairs Disclosed Prima Facie Case for Trial.

16 Sep 2022

The appeal arose from a criminal complaint filed under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 by the appellant, a d...

Supreme Court

Supreme Court Allows Landowner's Appeal in Arbitration Dispute Over Development Agreement Validity. Clause 18 of Development Agreement Held as Valid Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996, Reversing High Court's Dismissal of Section 11 Application.

7 Sep 2022

The dispute originated from a Development Agreement dated 29.05.2014 between the appellant landowner and respondent developer for construction of an a...

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