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Supreme Court of India

Appearance of CA before NTT as representative is unconstitutional; SC quashes law for setting up NTT

September 26, 2014 10550 Views 25 comments Print

Constitutional Bench of Hon’ble Supreme Court comprising Chief Justice RM Lodha, Justices JS Kehar, Jasti Chelameswar, AK Sikri and RF Nariman has struck down National Tax Tribunal set up vide NTT Act, 2005.

SC On Levy of Surcharge U/s 113 Proviso In Search Cases

September 16, 2014 2410 Views 0 comment Print

The aforesaid discursive of ours also makes it obvious that the conclusion of the Division Bench in Suresh N. Gupta treating the proviso as clarificatory and giving it retrospective effect is not a correct conclusion.

SC explains scope of revisional power of High Courts

August 29, 2014 4275 Views 0 comment Print

Even the wider language of Section 20 of the Kerala Rent Control Act does not enable the High Court to act as a first or a second court of appeal. We are in full agreement with the view of the 3-Judge Bench in Rukmini Amma Saradamma v. Kallyani Sulochana and others; [(1993) 1 SCC 499]

Criminalisation of politics is an anathema to the sacredness of democracy : SC

August 28, 2014 1552 Views 0 comment Print

Criminalisation of politics is an anathema to the sacredness of democracy. Commenting on criminalization of politics, the Court, in Dinesh Trivedi, M.P. and others v. Union of India and others (1997) 4 SCC 306, lamented the faults and imperfections which have impeded the country in reaching the expectations which heralded its conception.

Coal blocks allocated since 1993 is illegal: SC

August 25, 2014 1421 Views 0 comment Print

In the case of Manohar Lal Sharma Vs. The Principal Secretary & Ors., Honourable SC has held that entire allocation of coal block as per recommendations made by the Screening Committee from 14.07.1993 in 36 meetings and the allocation through the Government dispensation route

Sec.138 of N.I.Act – Prosecution to be launched in Jurisdiction of court where cheque was dishonored- SC

August 24, 2014 11365 Views 0 comment Print

Honourable Supreme Court has held in the case of Dashrath Rupsingh Rathod Vs. State of Maharashtra & Anr. that all the pending cases of cheque bouncing under Negotiable Instrument Act to be transferred to the place from the cheque is issued.

Textile Machinery Corporation vs The Commissioner Of Income-Tax -Supreme Court of India

August 2, 2014 3981 Views 0 comment Print

Section 15C of the Indian Income-tax Act 1922, which deals with exemption from tax of newly established industrial undertakings, provides in sub-s. 2(i) that the section applies, among others, to any industrial undertaking which is not formed by the splitting up, or the reconstruction of business already in existence.

Entering of agreement to sell amounts to Purchase U/s. 54 as it creates rights in favour of buyer – SC

July 27, 2014 5795 Views 0 comment Print

In the instant case, the following three dates are not in dispute. The residential house was transferred by the appellants and the sale deed had been registered on 24th September, 2004. The sale deed had been executed in pursuance of an agreement to sell which had been executed on 27th December, 2002

Shariat courts have no legal sanction, fatwas not binding on anyone: SC

July 8, 2014 2085 Views 0 comment Print

SC held that decision or the Fatwa issued by whatever body being not emanating from any judicial system recognised by law, it is not binding on anyone including the person, who had asked for it. Further, such an adjudication or Fatwa does not have a force of law

Disallowance u/s. 40(a)(ia) applies only to amounts ‘payable‘ as of 31st March – SC

July 5, 2014 17461 Views 0 comment Print

SC approves HC ruling – Disallowance u/s. 40(a)(ia) applies only to amounts ‘payable‘ as of 31st March and not to amounts already ‘paid‘ during the year

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