LEGAL ISSUE: Whether a conviction under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) is a sufficient ground to deny parole. CASE TYPE: Criminal Law, Parole. Case Name: Asfaq vs. State of Rajasthan and Others. Judgment Date: September 11, 2017. Introduction Can a person convicted under the Terrorist and Disruptive Activities (Prevention) Act (TADA) […]
Can a court award compensation higher than what was claimed by a landowner in land acquisition cases? The Supreme Court of India addressed this question in a recent case. The Court ruled that it can award fair compensation based on the true market value, regardless of the initial claim. This decision ensures that landowners receive
Can a court reduce the maintenance amount awarded in a domestic violence case? The Supreme Court of India addressed this question in a recent case, emphasizing the need for a swift resolution. This case highlights the complexities and delays often encountered in domestic violence proceedings, particularly concerning maintenance orders. The judgment was delivered by a
LEGAL ISSUE: Determining the paramount consideration in child custody disputes. CASE TYPE: Criminal Appeal (arising out of Special Leave Petition) relating to child custody. Case Name: Purvi Mukesh Gada vs. Mukesh Popatlal Gada & Anr. [Judgment Date]: September 4, 2017 Introduction The Supreme Court of India, in Purvi Mukesh Gada vs. Mukesh Popatlal Gada &
LEGAL ISSUE: Validity of proceedings initiated under Section 153C of the Income Tax Act, 1961, concerning the requirement of seized documents to pertain to the assessment years in question. CASE TYPE: Income Tax Law Case Name: Commissioner of Income Tax-III, Pune vs. Sinhgad Technical Education Society [Judgment Date]: 29 August 2017 Date of the Judgment:
Can a tax authority attach funds related to a foreign company’s income in India, even when those funds are secured by Letters of Credit (LCs)? The Supreme Court of India tackled this complex issue in a case involving Formula One World Championship Limited (FOWC), an international company, and several banks. This case clarifies the extent
Can the court fee for an income tax appeal be determined by the date of assessment or the date the appeal is filed? The Supreme Court of India addressed this question in a recent judgment. This case clarifies which court fee rules apply to appeals filed under Section 260A of the Income Tax Act, 1961,
LEGAL ISSUE: Whether a Public Interest Litigation (PIL) concerning building concessions should be transferred to the Supreme Court when related Special Leave Petitions (SLPs) are already pending. CASE TYPE: Public Interest Litigation, Civil Case Name: Janhit Manch & Anr. vs. State of Maharashtra & Ors. Judgment Date: 31 July 2017 Introduction Can a Public Interest
LEGAL ISSUE: Whether an insurance company is liable to pay compensation to a third party in a motor accident claim when the vehicle was insured by the original owner, but the vehicle was later transferred to another person without intimation to the insurer. CASE TYPE: Motor Accident Compensation Claim Case Name: Firdaus vs. Oriental Insurance
LEGAL ISSUE: Whether a tenant had sublet the premises to a third party without the landlord’s consent, thus warranting eviction. CASE TYPE: Landlord-Tenant Dispute, Eviction Case Name: Ram Murti Devi vs. Pushpa Devi and Others Judgment Date: 11 July 2017 Date of the Judgment: 11 July 2017 Citation: (2017) INSC 648 Judges: A.K. Sikri, J.,
Supreme Court Upholds Eviction on Sub-Tenancy: Ram Murti Devi vs. Pushpa Devi (2017) Read Post »
LEGAL ISSUE: Whether technical know-how fees paid for setting up a new manufacturing plant should be treated as revenue or capital expenditure. CASE TYPE: Income Tax Law Case Name: Honda Siel Cars India Ltd. vs. Commissioner of Income Tax, Ghaziabad Judgment Date: 9th June 2017 Introduction Can payments made for technical know-how be considered a
LEGAL ISSUE: Whether chit fund activities are subject to service tax under the category of ‘banking and other financial services’. CASE TYPE: Service Tax Law Case Name: Union of India & Ors. vs. M/s. Margadarshi Chit Funds (P) Ltd. ETC. [Judgment Date]: July 4, 2017 Introduction Date of the Judgment: July 4, 2017 Citation: [Not
