high court judgments - Page 5

Loss on money lent as share capital by finance company is ‘Revenue’ loss

The Pr. Commissioner of Income Tax Vs Industrial Finance Corporation of India LTD. (Delhi High Court)

Where monies were advanced through the mechanism of equity participation, the intention of the lender – in the present case, the assessee, was to derive income rather than to increase its investment on the capital Such being the case, if there were profits, with the assessee/lender from the investment, it would properly lie in the Reven...

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Decisions rendered by M.P. HC prior to 1-11-2000 are binding on Chhattisgarh HC

Smt. Gulshaad Shabdar Khan Vs Smt. Ganga Sahu (Chhattisgarh High Court)

The decisions rendered by the M.P. High Court prior to 1-11-2000 are binding on the Chhattisgarh High Court on the principle of comity....

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Freight charges are part of sale price & includible in taxable turnover for VAT

Kasturchand Bafna Vs State of Chhattisgarh (Chhattisgarh High Court)

In the present batch of writ petitions, the seminal issue falling for consideration is whether the freight charges for transporting dolomite by the petitioners to the respondent/Bhilai Steel Plant (for short the BSP) would be a part of sale price and hence exigible to commercial tax or not....

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Remedy available under Consumer Protection Act, 1986 is additional remedy

Rajesh Kumar Agrawal Vs Tulsi Electronic (Chhattisgarh High Court)

The remedy available under the Consumer Protection Act, 1986 is an additional remedy for consumers and not in derogation of remedy available under Section 8-B of the Indian Telegraph Act, 1885....

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Copy of FIR to accused cannot be refused except in sensitive cases

Titash Banik Vs State of Chhattisgarh (Chhattisgarh High Court)

In case a copy of the FIR is not provided on the ground of sensitive nature of the case, a person grieved by the said action, after disclosing his identity, can submit a representation to the Superintendent of Police or any person holding the equivalent post in the State....

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Object of parole is to rehabilitate the convicted prisoner

Rakesh Shende Vs State of Chhattisgarh (Chhattisgarh High Court)

Application for temporary leave (parole) has to be decided by District Magistrate keeping in view that the object of parole is to rehabilitate the convicted prisoner....

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Reopening for mere Mismatch Found with Dept Website not valid

M/s. JKM Graphics Solutions Private Limited Vs The Commercial Tax Officer (Madras High Court)

The respective Assessing Officers, either by themselves or on instructions from the Enforcement Wing officials have stated that there is mismatch of the details, disclosed in the returns compared with the details available with the Department....

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Writ of quo warranto lies only when appointment is contrary to statutory provisions

Ashish Kumar Sharma, Vs State of Chhattisgarh, (Chhattisgarh High Court)

Seeking issuance of a writ of quo warranto directing 5th respondent Sanjay Kumar Patil to show cause under what authority he continues to hold the Office of Vice Chancellor, Indira Gandhi Krishi Vishwa Vidyalaya, Raipur, Ashish Kumar Sharma – the petitioner herein, has filed this writ petition....

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Challenge of award passed by Permanent Lok Adalat

Divisional Railway Manager Vs Public Utility Permanent Lok Adalat (Chhattisgarh High Court)

The award passed by the Permanent Lok Adalat can be challenged by party to dispute under Article 226/227 of the Constitution of India....

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No Copyright violation by Sony by hosting Kids Talent Show: HC denies Relief to Zee

Zee Entertainment v Sony Pictures & Ors (Bombay High Court)

I find it difficult to accept much of this. Indeed I would question the assertion that the concept of an acting-based talent hunt is unique, novel, distinct or that it was first adopted by Zee. That needs much more material, and I can find it nowhere in these papers....

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