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LS Cable & System Limited v. The Commissioner of Income Tax – II

Delhi High Court · 13 May 2016 · 2016:DHC:3859-DB

The Delhi High Court held that the Authority for Advance Ruling cannot reject applications solely because a Section 143(2) notice was issued before or after filing if the question was not already pending before income tax authorities on the application date.

tax appeal_allowed

Kanhaiya Kumar v. Jawaharlal Nehru University

Delhi High Court · 13 May 2016 · 2016:DHC:3854

The Delhi High Court granted conditional protection to JNU students by staying enforcement of disciplinary penalties pending appeals, subject to withdrawal of strikes and maintenance of campus discipline.

administrative petition_allowed

Bismillah v. State

Delhi High Court · 13 May 2016 · 2016:DHC:3855-DB

The Delhi High Court upheld the conviction of Bismillah for kidnapping under Section 364-A IPC, ruling that natural witnesses are not 'interested witnesses' and that harboring a kidnapped child and negotiating ransom constitute criminal liability.

criminal appeal_dismissed

Commissioner of Income Tax v. M/S Salora International Ltd

Delhi High Court · 13 May 2016 · 2016:DHC:3852-DB

The Delhi High Court held that for capital gains tax computation, the entire consideration fixed under a court-sanctioned scheme of arrangement, including amounts paid directly to shareholders with the transferor's consent, must be treated as consideration received or accruing to the transferor company.

tax appeal_allowed

Commissioner of Income Tax v. Herbalife International India Pvt. Ltd.

Delhi High Court · 13 May 2016 · 2016:DHC:3848-DB

The Delhi High Court held that Section 40(a)(i) of the Income Tax Act is discriminatory under Article 26(3) of the India-US DTAA and upheld the ITAT's allowance of administrative fees paid by Herbalife India to its US affiliate as a deductible expense.

tax appeal_dismissed

Swaraj Kishore Arora v. Indian Bank

Delhi High Court · 13 May 2016 · 2016:DHC:3849-DB

The Delhi High Court held that the Recovery Officer has jurisdiction to adjudicate objections to sale of mortgaged property, recognizing possessory rights under agreements to sell, and upheld the bank's recovery proceedings despite non-production of original title deeds.

civil appeal_dismissed

Swaraj Kishore Arora v. Indian Bank

Delhi High Court · 13 May 2016 · 2016:DHC:3850-DB

The Delhi High Court held that in recovery proceedings, the Recovery Officer must recognize possessory rights or interests of third-party objectors with agreements to sell and possession, and a bank cannot claim mortgage rights without producing original title documents.

civil appeal_dismissed

Swaraj Kishore Arora v. Indian Bank

Delhi High Court · 13 May 2016 · 2016:DHC:3851-DB

The Delhi High Court held that in recovery proceedings under the Recovery of Debts Act, a Recovery Officer must recognize third party interests and possession under agreements to sell with possession, and a bank's failure to produce original title documents weakens its mortgage claim.

civil appeal_allowed

Swaraj Kishore Arora v. Indian Bank

Delhi High Court · 13 May 2016 · 2016:DHC:3856-DB

The Delhi High Court clarified the powers of the Recovery Officer in recovery proceedings, holding that third-party objectors with possession and interest under agreements to sell must be recognized, and that equitable mortgage claims require production of original title documents.

civil other

Abhey Singh v. State

Delhi High Court · 13 May 2016 · 2016:DHC:3853-DB

The Delhi High Court acquitted Abhey Singh of murder charges due to unreliable eyewitness testimony and significant investigative discrepancies, emphasizing the need for credible evidence to uphold conviction.

criminal appeal_allowed

M.C. Mehta v. Union of India

Supreme Court of India · 13 May 2016

The Supreme Court referred disputes between lender banks, HSIIDC, and the outgoing concessionaire to arbitration and directed interim deposit of toll collections in escrow, refusing to amend the new concession agreement to secure lenders' dues.

administrative appeal_dismissed

Subramanian Swamy v. Union of India

Supreme Court of India · 13 May 2016 · 1993 Supp. (1) SCC 499

The Supreme Court upheld the constitutional validity of criminal defamation provisions under Sections 499 and 500 IPC and related procedural provisions, holding them as reasonable restrictions on freedom of speech under Article 19(2) to protect individual reputation and dignity.

constitutional petition_dismissed

M/S ARTI SPINNING MILLS v. STATE OF HARYANA

Supreme Court of India · 13 May 2016

The Supreme Court clarified that compensation awarded in the case is limited to its facts and does not establish binding precedent.

civil other

Om Prakash Sharma v. Ramesh Chand Prashar

Supreme Court of India · 13 May 2016

The Supreme Court held that non-compliance with ancillary financial disclosure conditions in a tender does not invalidate a highest bid if payment is made, and quashed the High Court's order setting aside the sale deed.

civil appeal_allowed

EITZEN BULK A/S v. ASHAPURA MINECHEM LTD.

Supreme Court of India · 13 May 2016

The Supreme Court held that Part I of the Indian Arbitration Act is excluded for foreign awards made under foreign law and outside India, barring Indian courts from entertaining challenges under Section 34 and upholding enforcement under Part II.

civil appeal_allowed

Uddar Gagan Properies Ltd. v. Sant Singh & Ors.

Supreme Court of India · 13 May 2016

The Supreme Court held that land acquisition power cannot be misused to transfer land to private builders, quashed illegal licenses and sale deeds, and moulded relief restoring land to the State while protecting landowners' rights.

property appeal_allowed

Jatin C. Jhaveri v. Union of India

Supreme Court of India · 13 May 2016

The Supreme Court held that acquisition of foreign exchange without prior RBI permission under Section 8(1) of FERA is illegal and liable to confiscation, restoring the Special Director's order against Jatin Jhaveri despite Customs proceedings favoring him.

criminal appeal_allowed

State of U.P. v. Surendra Pratap

Supreme Court of India · 13 May 2016

The Supreme Court held that surplus land vested and possession taken by the State under the Urban Land (Ceiling and Regulation) Act precludes claims by subsequent purchasers under the Repeal Act, dismissing the writ petition challenging possession.

property appeal_allowed

Indo Burma Petroleum Corp. Ltd. v. Commissioner VAT Delhi

Supreme Court of India · 13 May 2016

The Supreme Court held that the VAT exemption on the increased component of petrol and diesel prices ceased to apply after price rollbacks, dismissing petroleum companies' appeals challenging this interpretation.

tax appeal_dismissed

ZILE SINGH v. STATE OF HARYANA

Supreme Court of India · 13 May 2016

The Supreme Court held that in land acquisition cases within developed municipal limits, compensation valuation should be reduced by one-third rather than 60%, directing reassessment of compensation accordingly.

civil appeal_allowed