Co-operative society's mandatory reserve and share capital fixed deposits with banks-interest treated as business income under 80P(2)(a)(iii) deductio...
Income tax reassessment reopening after four years on investigation tip, without s.147 proviso disclosure failure, struck down as borrowed satisfactio...
Liquidated damages for delay in a publicinterest infrastructure project attract a publicutility exception requiring the breaching party to prove absence of loss; consequence: reasonable compensation under the contract clause must be allowed. A Section 34 modification that applied the contract Clause to increase reasonable compensation was a valid exercise confined to jurisdictional limits; outcome: that modification was upheld. The appellate forum exceeded its scope by recalculating compensation rather than testing for jurisdictional error or perversity; consequence: the Division Bench's modification was set aside and the Single Judge's award restored, with one appeal allowed and the other dismissed.
Liquidated damages for delay in a publicinterest infrastructure project attract a publicutility exception requiring the breaching party to prove absence of loss; consequence: reasonable compensation under the contract clause must be allowed. A Section 34 modification that applied the contract Clause to increase reasonable compensation was a valid exercise confined to jurisdictional limits; outcome: that modification was upheld. The appellate forum exceeded its scope by recalculating compensation rather than testing for jurisdictional error or perversity; consequence: the Division Bench's modification was set aside and the Single Judge's award restored, with one appeal allowed and the other dismissed.
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