Allahabad High Court

3rd Nov, 2014

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

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 […]
21st Aug, 2014

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

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 […]
9th Jun, 2014

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

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  
7th Jun, 2014

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

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 […]
30th May, 2014

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

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 […]
20th Apr, 2014

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

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.  
20th Apr, 2014

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

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 […]
20th Apr, 2014

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

Supertech Sealing case Noida
5th Jan, 2014

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

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