In the case of Luxora Infrastructure Pvt Ltd [TS-842-ITAT-2022(Mum)], the ITAT explains that “Unlike the decisions of the Hon’ble jurisdictional High Court, which bind us in letter and in spirit on account of the binding force of law, the decisions of the Hon’ble non-jurisdictional High Court are followed by the lower authorities, only in the […]
Sunil Kumar Sharma v DCIT TS-677-HC-2022 (KAR HC)
The Karnataka High Court has laid down certain important legal principles. These are as follows: Action based on the Material contained in material contained in Diaries and loose sheets is contrary to the decision of the Supreme Court and therefore the assessment orders are void and illegal. Recording of reasons is hallmark of a valid […]
NATURE OF RIGHTS OF PARTNERS IN PROPERTY OF THE PARTNERSHIP
The following decisions assist in understanding the concept of partnership, assets of partnership and rights of partners in property of the partnership. It also deals with the aspect whether partner’s right in the partnership asset is movable and immovable. The most authoritative statement of the law on this subject, is to be found in the […]
Addanki Narayanappa v. Bhaskar Krishnappa AIR 1966 SC 1300/ 1966 SCR (3) 400
In this case, the members of two joint Hindu families, which we may for the sake of convenience describe as “A” and “B”, entered into a partnership for carrying on business of hulling rice, decorticating groundnuts, etc. The capital of the partnership consisted, inter alia, of some lands contributed by the two families and in […]
RAM JANMABHUMI TEMPLE CASE (2020) 1 SCC 1 – SOME IMPORTANT OBSERVATIONS OF SC
Historical Rights or Wrong The law cannot be used as a device to reach back in time and provide a legal remedy to every person who disagrees with the course which history has taken. The courts of today cannot take cognisance of historical rights and wrongs unless it is shown that their legal consequences are […]