Rule of estoppel does not apply to proceedings under Section 13-B of Hindu Marriage Act #indianlaws

Apr
19
2016


When a decree of divorce is sought under Section 13 of the Act, in view of compromise between the petitioner and the respondent, estoppel cannot operate against the Respondent. Rule of estoppel is a rule of evidence. There can be no estoppel against statute. Section 13-B itself gives liberty for second thought to the parties. The consent must continue during the interregnum period and after this period the parties should again confirm their consent before the Court. Parties can withdraw their consent during this period. As such Rule of estoppel has no application in a petition under Section 13-B of the Act.




Writ of certiorari against MACT is maintainable #indianlaws

Jun
2
2015


The High Court has power of an appeal against the award of the tribunal, under section 173 of the Motor Vehicles Act filed by a person aggrieved but that would not mean that against an order of Motor Accident Claims Tribunal which is not an award, the writ of certiorari would not lie.




Definition of Machinery for the purpose of Sales Tax Act

Feb
22
2015


The question of law raised was as to whether "Hydraulic Excavator" is a machine under Entry 2 or motor vehicle under Entry 13 of the Schedule attached to Act, 2007?




Financier is liable to pay road tax of vehicle repossessed.

Feb
12
2015


In the event of vehicle repossessed by the financer on account of non-payment of EMI’s, it would be financier’s liability to pay the tax liability towards road tax and penalty, as applicable.




Rent of a building ordinarily includes charges, if any, paid towards fixtures and fittings

Nov
24
2014


Rent is the consideration paid for use and occupation of property and in broader sense, it is the compensation or fee paid, usually periodically, for the use of the rented property, land, buildings, equipment and the like.




Provisions of RFCTLARR Act 2013 will be applicable to National Highways Act 1956 #indianlaws

Nov
3
2014


Section 105(3) of the 2013 Act in the event of Central Government issuing a notification, the same will have a binding effect on the authorities under the National Highways Act, 1956. 




Applicability of Section 6 of the General Clauses Act relating to effect of repeal of 1894 Act is subject to S. 24(2) of 2013 Act

Nov
3
2014


Under Section 24(2) land acquisition proceedings initiated under the 1894 Act, by legal fiction, are deemed to have lapsed where award has been made five years or more prior to the commencement of 2013 Act and possession of the land is not taken or compensation has not been paid.




Lapse of Acquisition under the L A ACT1894 does not preclued the Authorities to initiate fresh proceedings under the RFCTLARR 2013

Nov
3
2014


 Quashing of the notifications for acquisition of the land would not come in the way of the Authorities in acquiring the land of the petitioners under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 




Revisional Powers of High Court or Sessions Judge exercisable if impugned order intermediate or quasi final #indianlaws

Aug
21
2014


Any order which substantially affects the rights of the accused, or decides certain rights of the parties cannot be said to be an interlocutory order so as to bar a revision to the High Court against that order.




No award made under Section 11 of the 1894 Act - Compensation to be determined as per 2013 Act #indianlaws

Jun
9
2014


Section 24(1)(a) of the 2013 Act provides that if no award under Section 11 of the 1894 Act has been made then all provisions of 2013 Act relating to determination of COMPENSATION ONLY shall apply
 




Once the land is acquired and it vests in the State, free from all encumbrances #indianlaws

Jun
7
2014


While rejecting claim of the Petitioner, the Court reiterated the legal position that once the land is vested in the State, free from all encumbrances, it cannot be divested and proceedings under the Act would not lapse, even if an award is not made within the statutorily stipulated period




Writ jurisdiction not meant to decide claim arising out of non-statutory contracts #indianlaws

May
30
2014


A writ of Mandamus was sought in the present matter pertaining to alleged non-payment of dues under a contract of supply of goods. High Court held that in matter of such nature it would neither be prudent nor judicious for the Court to grant relief in exercise of its writ jurisdiction under Article 226 of the Constitution as in substance the relief sought was for obtaining a money decree, more so when contracts are purely non-statutory in nature.




Transaction earnings in the usual course of business of trading in shares and securities and not for making static investments is stock-in-trade #indianlaws

Apr
20
2014


Assessee was found to be deriving its income from dividends received from mutual funds and equity shares interest from investment of capital in partnership firm.
 




Disputes under Micro, Small and Medium Enterprises Development Act, 2006 have to be adjudicated at Arbitration #indianlaws

Apr
20
2014


Once the Act provides for a statutory remedy of arbitration in terms of Section 18(4), it was held that the relief of certiorari as sought for quashing all the proceedings before the Council was manifestly misconceived.




Investing in real estate – be always ready for shock and surprises #indianlaws

Apr
20
2014


Supertech Sealing case Noida




Whether Hospitals carrying out commercial activities fall under Section 1o(23C) (iiiae), Income Tax Act, 1961

Jan
6
2014


It was clarified that a hospital or institution to fall within the sub clause must exist solely for philanthropic purposes and not for the purpose of profit








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