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Speed Lines (P) Ltd. Vs. Cit

Speed Lines (P) Ltd. vs Cit

Disposition Appeal allowed Court Supreme Court of India Decided Mar 09, 2007
~1 min read
https://sooperkanoon.com/case/678794

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Citation
Court
Supreme Court of India
Judge
Decided On
Subject
Direct Taxation
Disposition
Appeal allowed

Case Summary

AI-generated summary - not the official court judgment text.

- INDIAN PENAL CODE, 1890 Section 300: [Dr. Arijit Pasayat, C.K. Thakker & D.K. Jain, JJ] Murder - Accused/husband doubting fidelity of deceased/wife and not satisfied with articles received at the time of marriage, alleged to have killed his wife - Accused and deceased were alone in room when deceased died - Medi...

Key legal issue
Direct Taxation
Outcome / disposition
Appeal allowed

Parties & Advocates

Appellant / Petitioner

Speed Lines (P) Ltd.

Advocate Mr. Bhargava V. Desai

Respondent

Cit

Legal References

Reported In
[2009]316ITR102(SC)

Excerpt

- indian penal code, 1890 section 300: [dr. arijit pasayat, c.k. thakker & d.k. jain, jj] murder - accused/husband doubting fidelity of deceased/wife and not satisfied with articles received at the time of marriage, alleged to have killed his wife - accused and deceased were alone in room when deceased died - medical evidence clearly showed that death was homicidal and not accidental held, accused is liable to be convicted. order1. leave granted.2. heard mr. bhargava v. desai, learned counsel for the appellant and mr. vikas singh, learned asg for the respondent.3. the appellant aggrieved against the order dated 23-8-2005 passed by the high court of delhi in it appeal no. 327 of 2005 filed the present appeal in this court on the ground that the order passed by the high court is non-speaking. the high court on 23-8-2005 has passed the following order which reads thus:date. 23-8-2005income tax appeal no. 327 of 2005heard.no substantial question of law arises for consideration.dismissed.4. while entertaining the special leave petition, this court issued notice to the respondent limited to the question as to why the matter should not be remanded back to the high court. since the order of the high court is non-speaking, we are of the view that the order is liable to be set aside and the matter be remitted to the high court for fresh consideration of the entire matter on merits and in accordance with law. we, therefore, allow this appeal and remit the matter to the high court with a request to dispose of the same as expeditiously as possible.no costs.

Full Judgment

ORDER

1. Leave granted.

2. Heard Mr. Bhargava V. Desai, learned Counsel for the appellant and Mr. Vikas Singh, learned ASG for the respondent.

3. The appellant aggrieved against the order dated 23-8-2005 passed by the High Court of Delhi in IT Appeal No. 327 of 2005 filed the present appeal in this Court on the ground that the order passed by the High Court is non-speaking. The High Court on 23-8-2005 has passed the following order which reads thus:

Date. 23-8-2005

Income Tax Appeal No. 327 of 2005

Heard.

No substantial question of law arises for consideration.

Dismissed.

4. While entertaining the Special Leave Petition, this Court issued notice to the respondent limited to the question as to why the matter should not be remanded back to the High Court. Since the order of the High Court is non-speaking, we are of the view that the order is liable to be set aside and the matter be remitted to the High Court for fresh consideration of the entire matter on merits and in accordance with law. We, therefore, allow this appeal and remit the matter to the High Court with a request to dispose of the same as expeditiously as possible.

No costs.

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