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Principal Commissioner of Income Tax, Delhi-2 v. Simon India Ltd.

Delhi High Court · 02 Dec 2022 · 2022:DHC:5364-DB

The Delhi High Court upheld the allowance of foreign exchange loss on forward contracts as a business loss under the Income Tax Act, rejecting Revenue's claim that such losses were speculative and disallowable under CBDT Instruction No. 3/2010.

tax appeal_dismissed

Jai Pal & Ors. v. Union of India

Delhi High Court · 02 Dec 2022 · 2022:DHC:5420

The Delhi High Court held that injury and death of a bona fide passenger during boarding/alighting constitute an 'untoward incident' under the Railway Claims Tribunal Act, entitling claimants to compensation irrespective of alleged negligence.

civil appeal_allowed

Ajay Kumar Awasthi & Ors. v. Union of India & Ors.

Delhi High Court · 02 Dec 2022 · 2022:DHC:5268-DB

The Delhi High Court dismissed the petitioners' claim for retrospective seniority and promotions in SSB due to their voluntary non-participation in the centralized seniority list and inordinate delay in challenging settled seniority, upholding the validity of the existing seniority and promotion lists.

service_law petition_dismissed

State (NCT of Delhi) v. Sunil Kumar Proprietor Jai Mata Di Logistics Pvt. Ltd

Delhi High Court · 02 Dec 2022 · 2022:DHC:5430

The Delhi High Court held that the investigating agency has the right to conduct Test Identification Parade of recovered stolen articles despite their release, setting aside orders denying such TIP to ensure effective investigation.

criminal appeal_allowed

Pr. Commissioner of Income Tax-5 v. Trigent Software Limited

High Court of Bombay · 02 Dec 2022

The Bombay High Court upheld the ITAT's decision treating expenditure on abandoned software development projects as revenue expenditure since no new capital asset of enduring benefit was created.

tax appeal_dismissed

GTL Infrastructure Ltd v. Vodafone Idea Ltd

High Court of Bombay · 02 Dec 2022

The Bombay High Court held that a dispute resolution clause making arbitration conditional upon mutual agreement and using permissive language 'may' does not constitute a valid arbitration agreement, and dismissed the applications for appointment of arbitrators.

commercial_arbitration appeal_dismissed

M/s. Pinak Bharat and Company v. Shri Anil Ramrao Naik

High Court of Bombay · 02 Dec 2022

The Bombay High Court upheld acquittal in a Section 138 NI Act case, ruling that cheques given as security and unilaterally altered by the payee are invalid for prosecution.

criminal appeal_dismissed

Bittu @ Manpreet Sukhdevsing Mahi; Dilip Indrajitsing Chauhan; Amar @ Rinku Kulvantsing Chauhan v. The State of Maharashtra

High Court of Bombay · 02 Dec 2022

The Bombay High Court acquitted appellants in a MCOCA case due to inconsistent prosecution evidence and unreliable confession, holding that main offences were not proved beyond reasonable doubt.

criminal appeal_allowed

The State of Maharashtra v. Manisha Chandrakant Gosavi

High Court of Bombay · 02 Dec 2022

The Bombay High Court held that the respondent's resignation was voluntary and effective upon acceptance, setting aside the Tribunal's order of reinstatement and directing appropriate action on her sexual harassment complaint.

administrative appeal_allowed

Charudatta Ramchandra Bagadi v. Secretary, Shetkari Shikshan Mandal

High Court of Bombay · 02 Dec 2022

The Bombay High Court dismissed the writ petition challenging termination of a teacher appointed without mandatory prior permission and proper procedure under the M.E.P.S. Act, upholding the legality of the termination and refusal of reinstatement.

labor petition_dismissed

Shri Raviraj Rajendra Patil v. Gram Panchayat Bachni & Ors.

High Court of Bombay · 02 Dec 2022

The Bombay High Court upheld the rejection of an election objection based on delayed caste validity certificate production, allowing COVID-19 pandemic-related delay as a valid ground for condonation beyond the statutory period.

administrative petition_dismissed

Rajasthan State v. Phool Singh

Supreme Court of India · 02 Dec 2022 · 2022 INSC 902

The Supreme Court held that acquittal in criminal proceedings does not automatically entitle reinstatement in service where disciplinary proceedings have established misconduct on the basis of preponderance of probabilities.

service_law appeal_allowed

Secretary, Government of NCT of Delhi v. Mahipal Singh

Supreme Court of India · 02 Dec 2022

The Supreme Court overruled Pune Municipal Corporation and held that land acquisition proceedings do not lapse under Section 24(2) of the 2013 Act if possession was taken and compensation tendered, allowing the Government's appeal.

property appeal_allowed

Government of NCT of Delhi v. Subhash Jain

Supreme Court of India · 02 Dec 2022

The Supreme Court held that land acquisition proceedings do not lapse under Section 24(2) of the 2013 Act if possession was not taken due to pending litigation and compensation was tendered, setting aside the High Court's order declaring lapse.

property appeal_allowed

Government of NCT of Delhi v. Sudesh Verma

Supreme Court of India · 02 Dec 2022

The Supreme Court held that land acquisition proceedings do not lapse under Section 24(2) of the 2013 Act if possession was not taken due to pending litigation and compensation was tendered, allowing the Government's appeal and setting aside the High Court's order.

property appeal_allowed

Government of NCT of Delhi v. Karampal

Supreme Court of India · 02 Dec 2022

The Supreme Court held that acquisition proceedings do not lapse under Section 24(2) of the 2013 Act if possession is taken or compensation tendered, overruling Pune Municipal Corporation and denying subsequent purchasers the right to claim lapse.

property appeal_allowed

Government of NCT of Delhi v. Karampal

Supreme Court of India · 02 Dec 2022

The Supreme Court held that acquisition proceedings do not lapse under Section 24(2) of the 2013 Act if possession is taken or compensation is tendered, overruling Pune Municipal Corporation and disallowing subsequent purchasers from claiming lapse.

property appeal_allowed

Government of NCT of Delhi v. Mohd. Zubair

Supreme Court of India · 02 Dec 2022

The Supreme Court held that a subsequent purchaser cannot challenge land acquisition proceedings and that acquisition does not lapse under Section 24(2) of the 2013 Act if possession has been taken, even if compensation was not tendered.

property appeal_allowed

Government of NCT of Delhi v. Mohd. Zubair

Supreme Court of India · 02 Dec 2022

The Supreme Court held that acquisition proceedings do not lapse under Section 24(2) of the 2013 Act if possession has been taken or compensation tendered, and a subsequent purchaser has no locus to challenge such proceedings.

property appeal_allowed

Solomon Selvaraj & Ors. v. Indirani Bhagawan Singh & Ors.

Supreme Court of India · 02 Dec 2022

The Supreme Court held that an application to sue as indigent persons can be rejected if the plaint discloses no cause of action or is barred by law, but the plaintiff may still institute the suit by paying court fees within a fixed time.

civil appeal_allowed