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The Court opined that if an authority is empowered to name a revenue area under a statutory provision, there are no reasons to deny the power for altering the names of a revenue area to such an authority.
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“When there is certainty and clarity, there is tax efficiency which is beneficial to both the tax payer and the tax authorities. These are all hallmarks of good tax legislation.”
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“Any interpretation of the Preamble or the scheme of the Act for construing ‘Profession’ as ‘Business’ or ‘Trade’; or ‘Professional’ as ‘service provider’ would be extending the scope of the Act which was not intended, rather would have a counter productive effect”
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“The Court’s jurisdiction at the pre-reference stage is only to determine the prime facie existence of an arbitration agreement and the final adjudication, even on the question of limitation, is to be left to the arbitral tribunal, being the parties’ chosen forum.”
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Court said evidence shows a consensual relationship between two adults where promise to marry may not have been motivating factor for sexual relationship.
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“The Statehas miserably failed to show any patent illegality warranting interference in appellate jurisdiction. Mere allegation would not suffice until and unless it stands substantiated from the pleading and the records.”
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The Court said that when confronted with a question pertaining the custody of a minor child, the Court as parens partriae, should not decide on the consideration of the legal rights of the parties, but on the sole and predominant criterion of the child’s best interest and welfare.
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The Tribunal opined that once the coal companies have charged sales tax/VAT at the appropriate rate on the sale of coal to appellant and in turn, appellant has charged sales tax/VAT to the consumers of coal, the transaction is one of sale/purchase and not of rendering service.
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Madhya Pradesh High Court stated that despite opportunities, the respondent failed to offer a genuine apology or show remorse for his actions.
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Madhya Pradesh High Court stated that “throwing a 13-month-old child on the floor by itself would amount to an attempt to murder and throwing a paperweight towards his head would further aggravate the situation.”
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The respect and protection of a woman and of maternity should be raised to the position of an inalienable social duty and should become one of the principles of human morality.
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Plaintiff’s X mark is derived from their ‘SPARX’ logo and has been used in a standalone form in relation to its footwear products sold under the ‘SPARX’ brand. Plaintiff’s grievance is against the defendants who started using defendants’ X mark, which was deceptively similar, for footwear as well, being identical goods.
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Shariat law permits Muslim to contract more than one marriage, but it must be borne in mind that merely because an act was lawful, it did not per se become justifiable in married life. Contracting a second marriage by a Muslim may be lawful, but it causes enormous cruelty to the first wife.
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The Court was perusing a writ petition filed by BMS College of Law wherein they had submitted that BCI’s website was not updated regarding the College’s current affiliation status.
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Whether the use of the word “bible” in the title of Kareena Kapoor Khan’s book constitutes an act that offends religious sentiments, specifically those of Christians?
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“In criminal trials certificate in terms of Section 65-B of the Act is to filed before commencement of the trial. However, the Trial Court, in its discretion, after examining any application by the prosecution under Sections 91 or 311 CrPC or Section 165 of the Evidence, may permit production of such certificate at any stage of the trial if no irreversible prejudice is caused to the accused”
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“The imposition of cost on the party which started litigation without any just cause or took false and frivolous defences is necessary to discourage the dishonest litigant.”
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There are substantive differences between review and appeal. A decision’s cryptic nature alone does not warrant a review.
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“An advocate has to fearlessly uphold the interest of his client by all fair and honourable means without regard to any unpleasant consequences to himself or any other, but he must exercise restraint in using intemperate language during arguments in the Court.”
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A High-Powered Committee was constituted by the High Court to look into transfer/rehabilitation of captive elephants. Later on, the Supreme extended the Committee’s jurisdiction throughout the country for welfare, care and rehabilitation of wild animals including captive elephants.
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