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Interpretation

Case BriefsSupreme Court

Substitution of parts of an enactment is nothing but pro tanto to repeal those parts

Supreme Court: The Bench of J. Chelameswar and Abhay Manohar Sapre, JJ said that no right or liability can be created by

Published on April 17, 2017April 26, 2017By Prachi Bhardwaj
Leave a comment5849 views
Case BriefsSupreme Court

Trust cannot file a complaint under the Consumer Protection Act, 1986

Supreme Court: The bench of Madan B. Lokur and P.C. Pant, JJ held that a Trust cannot file a complaint under the

Published on March 7, 2017March 17, 2017By Prachi Bhardwaj
Leave a comment13128 views
Case BriefsSupreme Court

Delegated Authority under S. 33 (2) proviso (b) of the Karnataka Stamp Act, 1957 cannot determine the nature of the document

Supreme Court: Interpreting Section 33(2) proviso (b) of the Karnataka Stamp Act, 1957 as to the power of the delegated authority to

Published on March 2, 2017March 9, 2017By Prachi Bhardwaj
Leave a comment5273 views
Case BriefsSupreme Court

Married female tenant’s sibling is neither an “heir” nor a “family” under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972

Supreme Court: The bench of Dipak Misra and R. Banumathi, JJ held that the brother of a married female tenant is neither

Published on February 8, 2017February 27, 2017By Prachi Bhardwaj
Leave a comment7561 views
Case BriefsSupreme Court

Legislative intent behind R. 3(2)(c) first proviso of the Karnataka Value Added Tax Rules, 2005 is to sustain realistically the benefit of trade discount

Supreme Court:  In the matter where the first proviso to Rule 3(2)(c) of the Karnataka Value Added Tax Rules, 2005 was being

Published on January 18, 2017February 27, 2017By Prachi Bhardwaj
Leave a comment4779 views
Case BriefsSupreme Court

Section 5 of the Limitation Act, 1963 is not applicable in case of revision petition under Section 81 of the Assam Value Added Tax Act, 2003

Supreme Court: Deciding an important question of law as to whether provisions of Section 5 of the Limitation Act, 1963 are applicable

Published on January 5, 2017January 19, 2017By Prachi Bhardwaj
Leave a comment9820 views
Case BriefsSupreme Court

Rejection of one ground will not affect the detention order passed on multiple grounds under COFEPOSA

Supreme Court: In the matter relating to supply of the ‘grounds’ of detention to the detenue when the Court has passed the

Published on January 5, 2017February 27, 2017By Prachi Bhardwaj
Leave a comment4606 views
Case BriefsSupreme Court

If shareholder has substantial interest in the HUF, the payment made to the HUF will be deemed dividend under Section 2(22) of the Income Tax Act, 1961

Supreme Court: Explaining the term ‘dividend’ under Section 2(22)(e) of the Income Tax Act, 1961, the Court said that the said provision

Published on January 4, 2017February 27, 2017By Prachi Bhardwaj
Leave a comment5162 views
Case BriefsSupreme Court

Appeal in the name of religion, caste or community of the candidate, his agent, opponent or voter is a corrupt practice

Supreme Court: Giving a 4:3 verdict, the 7-Judge Bench held that an appeal in the name of religion, race, caste, community or

Published on January 2, 2017January 5, 2017By Prachi Bhardwaj
Leave a comment9989 views
Case BriefsSupreme Court

Exemption on ‘palace’ under Section 10(19A), Income Tax Act cannot be split in two parts, i.e., the one in occupation and the other in possession of the tenant

Supreme Court: Deciding the question as to whether a former ‘ruler’ is entitled to get full benefit of the exemption granted to

Published on December 6, 2016December 29, 2016By Prachi Bhardwaj
Leave a comment6269 views
Case BriefsSupreme Court

In absence of express provision under Registration Act, 1908, it is not open to assume that Sub-Registrar would be competent to cancel the registration

Supreme Court: In the matter where the moot question before the Court was that whether the Sub-Registrar (Registration) has authority to cancel

Published on October 27, 2016January 7, 2017By Prachi Bhardwaj
Leave a comment8817 views
Case BriefsSupreme Court

Competent Authority under Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 should be a person who is holding or has held a Judicial Office

Supreme Court: Interpreting the provisions of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (PMP Act),

Published on October 5, 2016October 14, 2016By Prachi Bhardwaj
Leave a comment7739 views
Case BriefsSupreme Court

Courts must be slow in interfering with the interpretation given to the tender document by the owner/employer of the project

Supreme Court: In the controversy relating to bids invited by the Nagpur Metro Rail Corporation Limited for the design and construction of

Published on September 17, 2016September 23, 2016By Prachi Bhardwaj
Leave a comment4146 views
Case BriefsSupreme Court

Provision under Sections 42 and 50 of the Narcotic Drugs Psychotropic Substances Act, 1985 interpreted

Supreme Court: The bench of Abhay Manohar Sapre and Ashok Bhushan JJ., upheld the decision of the Rajasthan High Court where the

Published on July 6, 2016September 13, 2016By Sucheta
Leave a comment13643 views
Case BriefsHigh Courts

Wife of the Complainant’s brother not a ‘relative of the husband’ under S. 498-A IPC

Andhra Pradesh High Court: While interpreting the definition of ‘Husband’s relatives under Section 498A Penal Code, 1860, the Bench comprising of U.

Published on July 5, 2016September 13, 2016By Sucheta
Leave a comment8665 views
Case BriefsSupreme Court

Term “Other proceedings” under S. 69(3) of the Partnership Act, 1932 does not include Arbitral Proceedings

Supreme Court: Dealing with the question relating to interpretation of Section 69(3) of the Partnership Act, 1932 with reference to its applicability

Published on June 30, 2016August 20, 2016By Sucheta
Leave a comment7912 views
Case BriefsForeign Courts

True meaning and ambit of Section 83 of the Nationality, Immigration and Asylum Act, 2002 interpreted

Supreme Court of United Kingdom: In the matter concerning the interpretation of Section 83 of the Nationality, Immigration and Asylum Act 2002, Lord

Published on June 24, 2016May 23, 2018By Sucheta
Leave a comment3764 views
Supreme Court

Tax Statute to be interpreted in the light of what is clearly expressed

Supreme Court: Dealing with interesting question as to whether the dead person’s property, in the form of his or her estate, can

Published on August 6, 2015November 23, 2015By Sucheta
Leave a comment3271 views
Supreme Court

Ss. 319 and 227 CrPC, interpreted and distinguished

Supreme Court: Interpreting Section 319 and 227 of CrPC, the bench of S.A. Bobde and R.K. Agrawal, JJ said that under Section

Published on August 4, 2015February 12, 2016By Sucheta
Leave a comment7812 views
High Courts

Term ‘equivalent’ should be given a reasonable meaning

Himachal Pradesh High Court– Deciding the writ petition which is filed challenging the refusal of appointment of the petitioner for the post

Published on April 22, 2015October 14, 2015By Sucheta
Leave a comment3844 views

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