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Supreme Court

Supreme Court Allows Disability Pension Arrears for Ex-Serviceman from 1995 to 2014. Denial of disability pension to a former soldier for the period between 1995 and 2014 was held misconceived as the disability was later assessed at 20% permanently, entitling him to arrears.

8 Apr 2019

The appellant, Madan Prasad Sinha @ Sanatan Baba, was enrolled in the Indian Army's Corps of Signals as a Radio Mechanic on 18 February 1971. He was d...

Supreme Court

Supreme Court Allows Appeal in Benami Transaction Suit — Father-Son Relationship Constitutes Fiduciary Capacity Under Section 4(3)(b) of Benami Transactions (Prohibition) Act, 1988. Plaint cannot be rejected under Order VII Rule 11 CPC when exception is pleaded.

2 Apr 2019

The Supreme Court allowed the appeal against the rejection of the plaint by the trial court and the High Court. The appellant, Pawan Kumar, filed a su...

Supreme Court

Supreme Court Dismisses Appeal of Manufacturer Challenging Turnover Tax Assessment Under Karnataka Sales Tax Act. Levy of turnover tax on total turnover including interstate sales for classification purposes is constitutionally valid and does not exceed legislative competence.

28 Mar 2019

The appellant, M/s. Achal Industries, a manufacturer and registered dealer of cashew kernels and cashew shell oil, was assessed for turnover tax under...

Supreme Court

Supreme Court Partially Allows Contractor's Appeal in Arbitration Dispute Under Arbitration Act, 1940 — Clause 59 of Agreement Does Not Bar Claims for Extra Lead, Non-Supply of Food Grains, Short Supply of Cement, and Stock Materials. Court Restores Arbitrator's Award on Certain Claims, Modifies Interest Rate.

27 Mar 2019

The case arises from arbitration proceedings under the Arbitration Act, 1940, concerning three agreements for irrigation works between the appellant c...

Supreme Court

Supreme Court Sets Aside High Court Order Quashing FIR for Attempt to Murder Based on Compromise. High Court Mechanically Exercised Inherent Powers Under Section 482 CrPC Without Considering Gravity of Offence Under Section 307 IPC and Its Social Impact.

27 Mar 2019

The State of Madhya Pradesh appealed against the High Court's order quashing criminal proceedings against Laxmi Narayan and others for offences under ...

Supreme Court

Supreme Court Allows Appeal in Customs Valuation Dispute — Mandamus Issued to Assess Imported Scrap on Transaction Value. Court Holds That Declared Transaction Value Must Be Accepted Unless Proper Officer Follows Procedure Under Section 14 and Rule 12 of Customs Valuation Rules, 2007.

27 Mar 2019

The appellants, Century Metal Recycling Pvt. Ltd. and Gauri Shankar Agarwala, filed a writ petition before the Allahabad High Court challenging the pr...

Supreme Court

Supreme Court Dismisses State's Appeal in VAT Classification Case, Holds Mobile Crane Wire Ropes Taxable at 4% as Parts of Mobile Cranes. The Court applied the 'essential part' test to determine that wire ropes are integral to mobile cranes, thus falling under Entry 155 of Schedule IV of the Rajasthan VAT Act.

26 Mar 2019

The Supreme Court dismissed a batch of appeals filed by the Commercial Tax Officer, Anti Evasion, Rajasthan, against M/s Prasoon Enterprises and other...

Supreme Court

Supreme Court Allows Revenue Appeals in Income Tax Special Audit Time Extension Case. Assessing Officer Had Suo Motu Power to Extend Time Under Section 142(2C) Even Before 2008 Amendment.

26 Mar 2019

The case involves a batch of appeals by the Commissioner of Income Tax against the judgment of the Delhi High Court, which had dismissed the Revenue's...

Supreme Court

Supreme Court Remands Revenue's Appeal in Income Tax Deduction Dispute for Failure to Frame Substantial Question of Law. High Court's Dismissal Set Aside as It Did Not Decide Applicability of Section 35D of the Income Tax Act, 1961 to a Bank Claiming Status as Industrial Undertaking.

15 Mar 2019

The Supreme Court allowed the appeal filed by the Principal Commissioner of Income Tax-8 against the judgment of the Bombay High Court dated 01.08.201...

Supreme Court

Supreme Court Upholds NCDRC Finding of Deficiency of Service in Hotel Swimming Pool Death — Duty of Care Owed by Hotel Management to Guests Using Pool Facilities. Assigning Lifeguard Additional Bartending Duties Constitutes Breach of Duty Under Consumer Protection Act, 1986.

15 Mar 2019

The appeals arose from a judgment of the National Consumer Disputes Redressal Commission (NCDRC) dated 28 April 2015, which held the Kerala Tourism De...

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