Blog Posts - Case Laws



Double Whammy: What the surrogacy bill brings for Bharat

Double Whammy: What the surrogacy bill brings for Bharat Dr Aniruddha Malpani, UN agency runs AN IVF clinic in metropolis, says that solely ten,000 surrogacy treatments area unit drained a year, that is just too tiny variety. It took 20 years of savi...
by TCS On Cash Sale on Sep 3, 2016

Double Whammy: What the surrogacy bill brings for Bharat

Double Whammy: What the surrogacy bill brings for Bharat Dr Aniruddha Malpani, UN agency runs AN IVF clinic in metropolis, says that solely ten,000 surrogacy treatments area unit drained a year, that is just too tiny variety. It took 20 years of savi...
by TCS On Cash Sale on Sep 3, 2016

Refund of CENVAT Credit in case of 100% exporter of services

Refund of CENVAT Credit in case of 100% exporter of services Held Since in the present case, 100% services are exported therefore total turnover and exports turnover will come to the same amount and accordingly entire Cenvat credit availed by the app...
by TCS On Cash Sale on Jul 26, 2016

Bar of Application for Advance Ruling Where Matter Pending Consideration before income tax Authorities

Bar of Application for Advance Ruling Where Matter Pending Consideration before income tax Authorities Section 245R (2) provides for the rejection of application for advance rulings. The said section provides that the Authority may, after examining t...
by TCS On Cash Sale on Jul 12, 2016

Exemption of goods manufactured at construction site

Exemption of goods manufactured at construction site Circular No. 1036/24/2016-CX,F. No. 68/1/2016-CX.I,Government of India,Ministry of Finance,Department of Revenue,Central Board of Excise and Customs,New Delhi. dated the 6th July. 2016 Sub:- Scope...
by TCS On Cash Sale on Jul 7, 2016

Expenses incurred on Stamp duty for obtaining loan is revenue expenditure

Expenses incurred on Stamp duty for obtaining loan is revenue expenditure [1966] 60 ITR 52 (SC) SUPREME COURT OF INDIA India Cements Ltd. v/s Commissioner of Income-tax K. SUBBA RAO, J.C. SHAH AND S.M. SIKRI, JJ. CIVIL APPEAL NO. 1106 OF 1964 D...
by TCS On Cash Sale on Jul 6, 2016

Recent case laws applicable to NGOs / Charitable Trusts

Recent case laws applicable to NGOs / Charitable Trusts Where a surplus was made by educational institution which was ploughed back for educational purposes, said institution was to be held to be existed solely for educational purpose and not for pur...
by TCS On Cash Sale on Jul 4, 2016

Scope of Re-examination under Indian Evidence Act

With increasing trend of appointment of Court commissioners to overlook witness examinations, lawyers are required to be more vigilant during depositions. Earlier, if any question beyond the scope of re-examination was put to a witness, the Judge wou...
by Mowing the Law on Apr 14, 2016

SC: Limitation Not a Preliminary Issue under Section 9A (Per Incuriam?)

Section 9A which was inserted by a State Amendment to the Code of Civil Procedure, 1908 provides that when at the hearing of application relating to interim relief in a suit, objection to jurisdiction is taken, such issue to be decided by the court a...
by Mowing the Law on Apr 22, 2015

Judgement on ‘Honest Concurrent Use’ (Bombay High Court: [ITM Trust & Ors. vs Educate India Society])

Full text of the Bombay High Court Judgement can be found here.For Plaintiffs: Mr. Aspi Chinoy, Senior Advocate a/w Ms.  Chandana Salgaoncar, Aditya Thakkar i/b Vigil Juris.For Defendant: Mr. Arvind Chaudhary, i/b Amol Deshpande.Coram&...
by Mowing the Law on Apr 15, 2015

Specific Performance of Agreement for Sale - Leave under clause XII of Letters Patent

The Hon’ble Bombay High Court has held in Annete Bulchandani vs Mrs. Iris Fernandes & Ors that a suit for specific performance of an agreement for sale of land situated outside the jurisdiction of the Hon’ble Bombay High Court will be maintai...
by Mowing the Law on Apr 15, 2015

SC: Limitation Not a Preliminary Issue under Section 9A

Section 9A which was inserted by a State Amendment to the Code of Civil Procedure, 1908 provides that when at the hearing of application relating to interim relief in a suit, objection to jurisdiction is taken, such issue to be decided by the court a...
by Mowing the Law on Apr 15, 2015

SC: Limitation Not a Preliminary Issue under Section 9A

Section 9A which was inserted by a State Amendment to the Code of Civil Procedure, 1908 provides that when at the hearing of application relating to interim relief in a suit, objection to jurisdiction is taken such issue to be decided by the court as...
by Mowing the Law on Apr 14, 2015


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