I Tax Act, 1961 – S 40(a)(iib) – CoI, 1950 – Art 226 – VAT expenditure is not allowable as deduction – When the vires of S 40(a)(iib) of the I T Act were challenged, which can be decided by the High Court alone in exercise of powers under Art 226, the H C ought to have decided the issue with regard to vires of S 40(a)(iib) on merits, irrespective of the fact whether the matter was sub judice before the Income Tax Authority
SUPREME COURT OF INDIA FULL BENCH M/S TAMIL NADU STATE MARKETING CORPORATION LIMITED — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash…
Supreme Court Rules – Order 39 – Except for compelling factors and clear situation of deprivation of fair justice, the transfer power should not be invoked – Present bunch of cases are not perceived to be amongst such exceptional categories
SUPREME COURT OF INDIA SINGLE BENCH JATINDERVEER ARORA AND OTHERS — Appellant Vs. STATE OF PUNJAB RESPONDENT — Respondent ( Before : Hrishikesh Roy, J. ) Transfer Petition (Criminal) No.…
Charges proved against the Respondent “were of neglect of duty” which resulted in pecuniary loss to the Railways High Court was therefore not justified in setting aside the order of compulsory retirement
SUPREME COURT OF INDIA FULL BENCH DIRECTOR GENERAL OF POLICE, RAILWAY PROTECTION FORCE AND OTHERS — Appellant Vs. RAJENDRA KUMAR DUBEY — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud,…
Termination of contract – Refund of interest – HELD the impugned judgment erred in directing payment of interest on the entire amount from 08.11.1994; instead, the direction to pay interest on Rs. 3,61,20,000/- shall operate with effect from 22.03.1995 to 19.05.1998.
SUPREME COURT OF INDIA DIVISION BENCH CHIEF EXECUTIVE OFFICER AND VICE CHAIRMAN GUJARAT MARITIME BOARD — Appellant Vs. ASIATIC STEEL INDUSTRIES LTD AND OTHERS — Respondent ( Before : Indira…
Requisitioning and Acquisition of Immovable Properties-The courts’ role is to act as the guarantor and jealous protector of the people’s liberties: be they assured through the freedoms, and the right to equality and religion or cultural rights under Part III, or the right against deprivation, in any form, through any process other than law. Appeal allowed with costs Rs 75000
SUPREME COURT OF INDIA DIVISION BENCH B. K. RAVICHANDRA AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Indira Banerjee and S. Ravindra Bhat,…
Averments do not disclose that the appellant has a cause of action which invest him with right to sue – It is settled that where a person has no interest at all, or no sufficient interest to support a legal claim or action he will have no locus standi to sue – Election Petition has been rightly nipped in the bud- Appeal dismissed.
SUPREME COURT OF INDIA FULL BENCH TEJ BAHADUR — Appellant Vs. SHRI NARENDRA MODI — Respondent ( Before : S. A. Bobde, C.JI., A. S. Bopanna and V. Ramasubramanian, JJ.…
Liberty of a Citizen Cannot Be Taken Away In this Manner” HELD HC Order Dismissing Criminal Revision Due To Absence Of Lawyer set aside
“Perusal of file shows that this revision has been taken on board six times, including today. On four occasions, none came forward to represent the petitioner in the span of…
Anticipatory Bail Application Not Maintainable By A Person Who Apprehends Arrest After Cancellation Of Regular Bail
“A person released on bail is already in the constructive custody of law. If the law requires him to come back to custody for specified reasons, we are afraid that…
H C did not commit any error in cancelling the default bail granted to the appellants – Default Bail Granted Erroneously Can Be Cancelled By High Court U/s 439(2) CrPC
SUPREME COURT OF INDIA FULL BENCH VENKATESAN BALASUBRAMANIYAN — Appellant Vs. THE INTELLIGENCE OFFICER, D.R.I. BANGALORE — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ.…
Securities Contracts (Regulation) Act, 1956 – Section 22F – It is settled law that statutory appeal is a continuation of the original proceedings and once an appeal was filed, the question of expulsion remained subjudice unto these appeals.
SUPREME COURT OF INDIA DIVISION BENCH RUSODAY SECURITIES LIMITED — Appellant Vs. NATIONAL STOCK EXCHANGE OF INDIA LIMITED AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari,…









