Uttar Pradesh Value Added Tax Act, 2008 – Sections 13 and 13(3)(b) – Input Tax Credit – Production of VAT goods and by-products or waste products –
SUPREME COURT OF INDIA FULL BENCH M/S MODI NATURALS LIMITED — Appellant Vs. THE COMMISSIONER OF COMMERCIAL TAX UP — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., J.B.…
As to procedural unconscionability, the Court finds that this was a contract of adhesion. The terms of the contract were not negotiated and Plaintiff had relatively little economic strength in the transaction. As to substantive unconscionability, the arbitration clause is unreasonable insofar as it requires Plaintiff to travel to Okaloosa County, Florida for the arbitration. In many circumstances requiring a consumer to travel a substantial distance to arbitrate a claim has been found to be unreasonable
SUPREME COURT OF INDIA FULL BENCH LOMBARDI ENGINEERING LIMITED — Appellant Vs. UTTARAKHAND JAL VIDYUT NIGAM LIMITED — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., J.B. Pardiwala and…
Criminal Law – Acquittal – Presumption of innocence in favour of the accused is bolstered if the trial court hands down an acquittal – A Court of Appeal should be circumspect in overturning its judgment of acquittal, is not a principle that requires reiteration – Time and again that an acquittal will only be overturned in the presence of very compelling reasons.
SUPREME COURT OF INDIA DIVISION BENCH MANJUNATH AND OTHERS — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Criminal Appeal…
Criminal Procedure Code, 1973 (CrPC) – Section 125 – Maintenance to minor daughter – Appeal against reduction – Where the earning of the wife is also good, that factor can always be considered as joint parenting is always best for upbringing of the child –
SUPREME COURT OF INDIA DIVISION BENCH ADITI ALIAS MITHI — Appellant Vs. JITESH SHARMA — Respondent ( Before : Rajesh Bindal and Vikram Nath, JJ. ) Criminal Appeal No(S). 3446…
Partition Suit – In case any property in possession of any of the co-sharers comes to his share it can very well be protected – Demolition of the already constructed buildings may not be in the interest of any of the parties as the same can be considered at the time of passing of final decree, with reference to the construction, authorised by the local authority.
SUPREME COURT OF INDIA DIVISION BENCH M/S MULTICON BUILDERS — Appellant Vs. SUMANDEVI AND OTHERS — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. ) Civil Appeal No.…
In terms of the Town Planning Scheme, notified on 01.08.1994 and subsequent circulars, the claim of any occupant of the property is required to be considered for rehabilitation or for payment of compensation – Appellants are still in possession of the property, which is stated to be coming in the alignment of 60 feet T.D. Road – Appeal can be disposed of with a direction to the Corporation to consider the claim of the appellants in terms of the Town Planning Scheme either for rehabilitation or payment of compensation.
SUPREME COURT OF INDIA DIVISION BENCH JAFFAR ALI NAWAB ALI CHAUDHARI AND OTHERS — Appellant Vs. THE MUNICIPAL CORPORATION OF GREATER MUMBAI — Respondent ( Before : Vikram Nath and…
A combined reading of Section 15(1)(a) and Section 16 of the Act would make it manifest that the property of a female Hindu dying intestate shall devolve, firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband. Therefore, the plaintiff being the widow of the pre-deceased son does not have the first right or entitlement to receive any share in the share of her mother-inlaw.
SUPREME COURT OF INDIA FULL BENCH SACHIDHANANDAM SINCE DEAD THROUGH HIS LRS. — Appellant Vs. E. VANAJA AND OTHERS — Respondent ( Before : B.R. Gavai, Hima Kohli and Prashant…
Criminal Procedure Code, 1973 (CrPC) – Section 311 – Evidence Act, 1972 – Section 65B – Re-summon of material witness and permission to produce the report and certificate under Section 65B of the Act – 2008 Bangalore Bomb Blasts Case – Delay of six years in producing the certificate – Certificate under 65-B of the Act can be produced at any stage if the trial is not over
SUPREME COURT OF INDIA DIVISION BENCH STATE OF KARNATAKA — Appellant Vs. T. NASEER @ NASIR @ THANDIANTAVIDA NASEER @ UMARHAZI @ HAZI AND OTHERS — Respondent ( Before :…
Penal Code, 1860 (IPC) – Sections 141, 142 and 302, 304-II and 149 – Murder – Common object of unlawful assembly – Injury caused in free fight – Alteration of sentence form Section 302 to 304-II –
SUPREME COURT OF INDIA FULL BENCH PARSHURAM — Appellant Vs. STATE OF M.P. — Respondent ( Before : B.R. Gavai, B.V. Nagarathna and Prashant Kumar Mishra, JJ. ) Criminal Appeal…
HELD clearly of the view that the manner in which the applicants have been denied empanelment for the post of Colonel on a selection basis is arbitrary. Besides being violative of the fundamental principles of fairness embodied in Article 14 of the Constitution, the whole approach has been contrary to both the judgment of this Court in Nitisha as well as the applicable policy framework laid down by the Army authorities.
SUPREME COURT OF INDIA FULL BENCH NITISHA AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., J.B. Pardiwala and…