Search Results for "Substantial Question"

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Supreme Court

Supreme Court Allows Assessees in Interest Tax Act Case on Hire-Purchase Instalments. Hire-purchase agreements are distinct from loans, and interest component in instalments is not taxable under Section 2(7) of the Interest-Tax Act, 1974, as it does not constitute interest on loans and advances.

3 Jan 2023

The dispute involved a batch of civil appeals concerning the tax liability of non-banking finance and leasing companies under the Interest-Tax Act, 19...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit, Upholding High Court's Decision on Share Entitlement and Appellate Jurisdiction. The court held that in a partition suit, parties' positions are interchangeable, allowing appellate relief to non-appealing plaintiffs under Order XLI Rule 4 and Rule 33 of the Code of Civil Procedure, 1908, and that second appeals can address factual issues if findings are perverse.

21 Feb 2022

The appeal arose from a partition suit filed by plaintiff Nos. 1 to 8 (respondent Nos. 1 to 8) against defendant No. 1 (appellant) regarding shares in...

Supreme Court

Supreme Court Upholds Appellant's Absolute Ownership in Hindu Succession Dispute Over Limited Estate Under Will. The Court held that a limited life interest conferred by a Will falls under Section 14(2) of Hindu Succession Act, 1956, preventing expansion to absolute ownership, and applied res judicata to bar re-litigation of previously adjudicated matters.

1 Feb 2022

The dispute arose from a Will dated 15.4.1968 by Tulsi Ram, who died on 17.11.1969, bequeathing property in Village Jundla, Haryana, to his son (the a...

Supreme Court

Supreme Court Upholds Trial Court's Decision in Property Sale Dispute, Reversing High Court's Second Appeal - Validates Sale Deed Executed Under Power of Attorney and Awards Rendition of Accounts Against Agent. Registered Power of Attorney Cannot Be Cancelled Orally Under Registration Act, 1908, and Bona Fide Purchaser Protected Despite Agent's Breach of Internal Agreement.

28 Jan 2022

The dispute originated from a suit filed by the plaintiff, a junior engineer, regarding property he owned. He entered into an oral agreement to sell t...

Supreme Court

Supreme Court Dismisses Appeal in Rent Control Jurisdiction Dispute - Civil Court Lacks Jurisdiction Over Eviction of Statutory Tenant Under Haryana Rent Act. The Court held that the Civil Court has no jurisdiction to entertain a suit for possession as the subject property is governed by the Haryana (Control of Rent & Eviction) Act, 1973, and the respondents are statutory tenants who can only be evicted under Section 13 of that Act.

28 Jan 2022

The appeal arose from a dispute over jurisdiction in a possession suit concerning leased land in Kaithal, Haryana. The appellants, as owners, had leas...

Supreme Court

Supreme Court Dismisses Plaintiff's Appeal in Partition Suit Based on Res Judicata and Invalid Will. The suit was barred under Section 11 of the Code of Civil Procedure, 1908, as prior litigation had conclusively established a valid partition in 1964, extinguishing the testator's ownership rights and rendering the will ineffective.

27 Jan 2022

The dispute originated from a partition suit filed by the plaintiff, who claimed a one-fourth share in joint family properties based on a will execute...

Supreme Court

Supreme Court Reverses High Court Judgment in Gift Deed Dispute, Restoring Concurrent Findings of Lower Courts. The Court Held That High Court Erred in Allowing Second Appeal Without Properly Addressing Substantial Question of Law and Ignoring Factual Context Undermining Gift Deed Validity Under Sections 122 and 123 of Transfer of Property Act, 1882.

24 Jan 2022

The dispute centered on the validity of a gift deed executed by Hardei, who died issueless in 1991, in favour of Gian Chand and Dhanbir (plaintiffs), ...

Supreme Court

Supreme Court Allows Appeal in National Green Tribunal Act Case Due to Improper Dismissal of Environmental Application. The NGT Erred in Relegating Specific Environmental Grievances to a Committee Without Adjudicating on Merits, Violating Its Statutory Duty Under Sections 14 and 15 of the National Green Tribunal Act, 2010.

21 Jan 2022

The appeal arose from a judgment and order of the Principal Bench of the National Green Tribunal dated 28 September 2018, which dismissed Original App...

Supreme Court

Supreme Court Dismisses Landowner's Appeal in Eco-sensitive Zone Case, Upholding NGT's Reliance on Expert Committee Report. The Court affirmed the National Green Tribunal's jurisdiction and application of the precautionary principle under the Environment (Protection) Act, 1986, and National Green Tribunal Act, 2010, regarding the Zonal Master Plan 2030 for Mount Abu.

12 Jan 2022

The Supreme Court addressed appeals under Section 22 of the National Green Tribunal Act, 2010, arising from NGT judgments dated 10 March 2021 and 29 J...

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