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Judgments

Who Has the Burden of Proving That Secured Properties Are Agricultural Lands Under the SARFAESI Act?

Judgement name: Sreedhar v.  M/S Raus Constructions Pvt. Ltd. & Ors Judge(s)/Benches – Justice M.R. Shah and Justice M.M. Sundresh.    Facts:  In 2012, the defendant sought financial help and credit facilities from the secured creditor Indian Bank. Non-Performing Asset (NPA) status was assigned to the loan account because the borrowers failed to make timely payments. A […]

Who Has the Burden of Proving That Secured Properties Are Agricultural Lands Under the SARFAESI Act? Read More »

Whether a teacher who has obtained two degrees in the same academic year, eligible for promotion?

A. Dharmaraj v. The Chief Educational Officer, Pudukkottai & Ors.   This appeal is preferred due to the dissatisfaction with the judgment passed by the Division Bench of the High Court of Judicature at Madras at Madurai in Writ Appeal, setting aside the promotion of appellate to the post of B.T. Assistant.   Facts: On

Whether a teacher who has obtained two degrees in the same academic year, eligible for promotion? Read More »

IS A MARKET COMMITTEE EXEMPTED FROM SERVICE TAX FOR EXECUTING A STATUTORY ACTIVITY?

Krishi Upaj Mandi Samiti, New Mandi Yard, Alwar v. Commissioner of Central Excise and Service Tax, Alwar This set of appeals has arisen due to dissatisfaction with the common judgment passed by the Customs, Excise and Service Tax Appellate Tribunal. All these appeals are disposed of together by the common judgment.   Facts: The appellant,

IS A MARKET COMMITTEE EXEMPTED FROM SERVICE TAX FOR EXECUTING A STATUTORY ACTIVITY? Read More »

Whether a decree can be passed for possession in favor of the plaintiff on the grounds that defendants have not been able to fully establish their right, title and interest in the property.

Court Name: Hon’ble Supreme Court Of India  Judgment Name: Smriti Debbarma (Dead) Through Legal Representative v. Prabha Ranjan Debbarma And Others, Civil Appeal No. 878 Of 2009 Judgment Date: January 04, 2023 Judge: J. Sanjiv Khanna And J. J.K. Maheshwari   Facts of the case In this case, a suit was filed by the plaintiff

Whether a decree can be passed for possession in favor of the plaintiff on the grounds that defendants have not been able to fully establish their right, title and interest in the property. Read More »

Whether Purse Seine Fishing can be permitted within and beyond Territorial Waters?

Case Name –  Fisherman Care, Registered Association VS The Government of India, Department of Animal Husbandry, Dairying And Fisheries Rep. by its Secretary & Ors.”. Judges/Bench – A. S. Bhoppana, Sudhanshu Dhulia Judgement Date – January 23,2023   INTRODUCTION Purse Seine Fishing is a non-selective mode of fishing, which captures all kinds of fishes without

Whether Purse Seine Fishing can be permitted within and beyond Territorial Waters? Read More »

The Nature of Interests paid in Hire-Purchase Agreements- Are Finance companies liable to pay Taxes on such Interests?

Case Name –  Muthoot Leasing and Finance Company Ltd and Anr. v. Commissioner of Income Tax Judges/Bench – Sanjiv Khanna, M.M. Sundaresh Judgement Date – January 03, 2023   INTRODUCTION Hire purchase agreements are agreements where the owner of goods allows a person (the hirer) to hire goods from him for a specific period of

The Nature of Interests paid in Hire-Purchase Agreements- Are Finance companies liable to pay Taxes on such Interests? Read More »

Period of Parole is to be excluded from the period of sentence – Hon’ble Supreme Court

Court name – Hon’ble Supreme Court of India  Judgement Name – Rohan Dhungat v. The State of Goa Date- January 05, 2023 Judges/bench – M.R. Shah, C.T. Ravikumar   Introduction- This special leave petition has been filed by the petitioner in response to feeling aggrieved and dissatisfied with respect to the impugned judgement and order

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Whether the respondent be entitled to compensation w.r.t lands acquired after 5 years. (Whether the condonation of delay w.r.t 16/26 years is sustainable.)

COURT NAME – Hon’ble Supreme court JUDGEMENT NAME –  New Okhla Industrial Development Authority  v. Omvir Singh & Ors.    CIVIL APPEAL NO.9085 of 2022  (@ Special Leave Petition (C) No.9558 of 2020) DATE – December 15, 2022 JUDGES NAME – Bench of Hon’ble J. M.R. Shah and Hon’ble J. Hima Kohli    FACTS OF THE CASE The government had acquired Land under

Whether the respondent be entitled to compensation w.r.t lands acquired after 5 years. (Whether the condonation of delay w.r.t 16/26 years is sustainable.) Read More »

Whether Cancellation of Bail Application Can be Considered on Merits?

The State Through Central Bureau of Investigation v. T. Gangi Reddy @ Yerra Gangi Reddy. This appeal arises due to dissatisfaction with the impugned judgement by the High Court of Andhra Pradesh at Amravati. With the denial of permission to consider the case for cancellation of bail on merits, the Investigating Agency – C.B.I. has

Whether Cancellation of Bail Application Can be Considered on Merits? Read More »

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