Search Results for "Factual findings"

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Supreme Court Allows State's Appeal in Ceiling Act Case — Customary Divorce Not Proven, Civil Suit Barred. High Court Erred in Interfering with Concurrent Findings and Ignoring Bar of Jurisdiction Under Section 46 of Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960.

The present appeal arises from a judgment of the High Court of Madhya Pradesh which allowed a second appeal filed by the original plaintiff, Dungaji, ...

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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.

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...

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Supreme Court Remands Tax Appeal to ITAT for Fresh Adjudication Due to Erroneous Factual Findings. Revenue Expenditure Dispute Over Rs. 3.25 Crore Payment to Promoter Requires Re-examination by Tribunal.

The Supreme Court heard an appeal by the Pr. Commissioner of Income Tax, Nagpur against the judgment of the Bombay High Court (Nagpur Bench) which had...

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Supreme Court Holds Section 15J Factors Illustrative in SEBI Penalty Adjudication. Adjudicating Officer Retains Discretion to Consider Mitigating Circumstances Beyond Stipulated Factors Under SEBI Act.

The Supreme Court of India adjudicated a reference arising from multiple civil appeals concerning the interpretation of Section 15J of the Securities ...

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Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Acquittal Based on Fiduciary Relationship. Concurrent Findings of Fact Cannot Be Upset in Revision Without Perversity; Presumption Under Section 139 NI Act Applies Even Between Fiduciaries.

The appellant-complainant, Bir Singh, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent-accu...

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Supreme Court Dismisses Appeal Against Review Order in Urban Land Ceiling Case — No Error Apparent on Record. Review Jurisdiction Under Order 47 Rule 1 CPC Cannot Be Used to Re-Examine Factual Findings Like an Appellate Court.

The appeal arose from a review order passed by the Allahabad High Court dismissing a review application filed by the original appellant, Asharfi Devi ...

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Supreme Court Allows Revenue's Appeal in Gypsum Board Tax Classification Case. Holds that Gypsum Board Falls Under 'Gypsum in All Its Forms' Entry in Rajasthan VAT Act, Taxable at 4%.

The Supreme Court allowed the appeals filed by the Additional Commissioner (Legal), Commercial Taxes, Rajasthan and another against the judgment of th...

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Supreme Court Allows Appeal in Gift Deed Dispute, Restores Concurrent Findings of Trial Court and First Appellate Court. High Court's Reversal Set Aside for Exceeding Jurisdiction Under Section 100 CPC and Misconstruing Valuation as Consideration.

The Supreme Court allowed the appeal filed by Jagdish Chander (appellant/first defendant) against the judgment of the Himachal Pradesh High Court whic...