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Ker. HC: Court Not Refrained from Granting Relief to Which Party is Entitled But Didn’t Seek - 29.07.2022
Kerala High Court has held that Court exercising power under Article 226 of Constitution could not refrain from granting a relief to which a party is entitled, merely for the reason that a specific relief had not been sought in petition.
Tags : Kerala High Court Writ Relief
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SC: Question of Constitutional Validity Cannot be Dealt in a Casual/Cryptic Manner - 29.07.2022
Supreme Court while setting aside Karnataka High Court judgment which held Section 20 of Karnataka Slum Areas (Improvement and Clearance) Act, 1973 as unconstitutional has held that High Court dealt with issue in cryptic manner without analyzing all relevant aspects needed to be considered by Court.
Tags : Supreme Court Karnataka High Court Unconstitutional
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AP HC: Show-Cause Notice is a Superfluous Formality if No Prejudice is Caused - 29.07.2022
Andhra Pradesh High Court has held that while hearing plea opposing termination of lease for non-issuance of show cause notice, has held that mere breach of principles of natural justice was not sufficient unless prejudice caused on account of such breach was also demonstrated before the Court.
Tags : Andhra Pradesh High Court Show Cause Notice Natural Justice
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SC: Mother Has Right to Give Step-Father's Surname to Child After Demise of Biological Father - 29.07.2022
Supreme Court while setting aside Andhra Pradesh High Court’s directing to restore child’s original surname from his step-father’s surname, has held that mother being the only natural guardian of the child has the right to decide the surname of the child, as also give the child up for adoption.
Tags : Supreme Court Surname Step-Father
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SC: Provisions of Kerala Motor Vehicles Taxation Act, 1976 Not Repugnant With Central Act - 29.07.2022
Supreme Court has upheld the constitutional validity of Sections 4(7), 4(8) and 15 of Motor Vehicles Taxation Act, 1976 and Section 8A of the Kerala Motor Transport Workers' Welfare Fund Act, 1985.
Tags : Supreme Court Repugnant Motor Vehicle Taxation Act
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ITAT: Capital Gain Exemption Cannot be Denied on Ground of Joint Ownership in 2 Residential Flats - 28.07.2022
Income Tax Appellate Tribunal (ITAT), Mumbai has held that capital gain exemption under Section 54F of Income-Tax Act, 1961 cannot be denied on grounds of joint ownership in two residential flats.
Tags : ITAT Capital Gain Exemption
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ITAT: Shipping Income Derived in India from International Traffic is Not Taxable in India - 28.07.2022
Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that shipping income derived in India from international traffic is not taxable in India as per India-UAE tax treaty.
Tags : ITAT Shipping Income India-UAE Tax Treaty
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Gujarat HC: Yes Bank is a Private Entity And Not Amenable to Writ Jurisdiction - 28.07.2022
Gujarat High Court has held that 30% shareholding of State Bank of India (SBI) cannot make Yes Bank a State under Article 12 of Constitution, and therefore Yes Bank Ltd is a private bank and not amenable to writ jurisdiction under Article 226 of the Constitution.
Tags : Gujarat High Court Yes Bank Writ Jurisdiction State
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ITAT: COST OF IMPROVEMENT & DUE INDEXATION BENEFIT ON HOUSE PROPERTY IS DEDUCTIBLE FROM CAPITAL GAIN - 27.07.2022
Income Tax Appellate Tribunal (ITAT), Mumbai bench has held that cost of improvement and due indexation benefit on house property is deductible while computing capital gain.
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ITAT: IRP IS AUTHORIZED PERSON TO FILE APPEAL AGAINST ASSESSMENT ORDER ONCE MORATORIUM IS DECLARED - 27.07.2022
Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that Interim Resolution Professionals (IRP) is the authorized person to file an appeal against the assessment order once a moratorium is declared.
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