Search Results for "Limitation"

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"Bombay High Court Declines Writ Jurisdiction; Relegates Petitioner to Statutory Appeal Remedy" "Exhaustion of alternate remedies reaffirmed; liberty to appeal within four weeks granted."

Acts and Sections Discussed: Maharashtra Goods and Services Tax Act, 2017 Principles of Natural Justice Judicial Precedents on Alternate Remedy (...

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High Court Dismisses Writ Petition for Non-Exhaustion of Alternate Remedies. Petitions under Article 226 of the Constitution must follow procedural discipline, particularly where alternate remedies are available.

The Bombay High Court dismissed a writ petition challenging an Order-in-Original for failure to exhaust alternate remedies. The petitioner alleged a b...

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Enforcement of a Decree and Interpretation of Reciprocal Adjustments. Balancing Liabilities in Execution: A Case on Interest Calculation and Set-Off

The Bombay High Court (Coram: Amit Borkar, J.) addressed whether an executing court can interpret a decree to restrict interest on the decretal amount...

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"State of Maharashtra v. Deepak Buradkar: A Clash of Law, Ownership, and Justice" Balancing rights, procedural rigor, and allegations of malice in timber trade.

This case deals with a legal battle over the confiscation of timber logs, allegations of unauthorized transportation, malicious prosecution, and the e...

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Dismissal of Election Petition for Non-Compliance with Mandatory Provisions. Strict adherence to Representation of People Act, 1951 upheld.

1. Introduction: Case: Shahaji Nanai Thorat vs. Sanjay Dina Patil and Others. Context: Election Petition filed under Section 81 of the Representat...

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"Arbitral Mandate Extension Post-Expiry: Supreme Court Clarifies Section 29A of Arbitration Act" Pandemic and mutual consent deemed sufficient cause for mandate extension.

Application under Section 29A(4) of the Arbitration and Conciliation Act, 1996, for extending the mandate of an arbitral tribunal, can be entertained ...

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State of Haryana's Plea for Adverse Possession Denied: High Court's Judgment Upheld. State cannot claim adverse possession over private land in a welfare State; Plaintiffs' Ownership Established.

The Supreme Court dismissed the appeal filed by the State of Haryana and the Public Works Department (PWD), challenging the High Court's decision whic...

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Bombay High Court Dismisses Apollo Tyres' Writ Petition Against GST Show Cause Notice. The Court emphasizes the need to exhaust statutory remedies before invoking writ jurisdiction under Article 226.

1. Background of the Case Petitioner: Apollo Tyres Limited. Respondents: Union of India and GST authorities. Issue: Challenge to a show cause not...

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GST on Advances for Future Supplies: Examining Constitutional Validity. Evaluating GST's application to unutilized advances and its constitutionality.

The L&T IHI Consortium, a collaboration between Larsen & Toubro Ltd. (L&T) and IHI Infrastructure Systems Co. Ltd., Japan, challenged the ...