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High Court Dismisses Writ Petition Challenging MSMED Facilitation Council Award Without Compliance of Pre-Deposit. The Bombay High Court underscores statutory remedies under the MSMED Act and arbitration laws, dismissing writ petitions to avoid pre-deposit under Section 19.

A private company, challenged an award by the Micro and Small Enterprises Facilitation Council (MSEFC) issued under Section 18 of the MSMED Act. The p...

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Constitutional Validity of Section 96(b) of the Cantonment Act Upheld in Mall Tax Case. Bombay High Court Dismisses SGS Infratech Limited’s Petition, Affirms the Requirement for Tax Pre-Deposit in Appeals

The Bombay High Court upheld the constitutional validity of Section 96(b) of the Cantonment Act, 2006, which mandates the deposit of disputed taxes a...

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Finance Company Challenges Arbitration Halt Due to Insolvency Moratorium. Petitioner disputes arbitrator's orders citing moratorium scope under IB Code, seeks continuation against non-insolvent guarantors.

The petitioner, a finance company, challenges two orders by an arbitrator that halted arbitration proceedings due to a moratorium under Section 95 of ...

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Supreme Court Remands Excise Dispute to High Court for Comprehensive Adjudication on Natural Justice and Statutory Validity Issues. High Court Erred in Limiting Decision to Vires of Section 9-D Without Applying Principles to Department's Actions Under Central Excise and Salt Act, 1944.

The appeals arose from a judgment and order dated 28th August 2009 by the Delhi High Court, which disposed of five writ petitions challenging actions ...

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Supreme Court Allows Appeals in SARFAESI Auction Case, Reinstating DRT Order and Sale. High Court's Writ Jurisdiction Improper When Statutory Remedy Available; Auction Deposit Complied with Rules and Property Not Exempt as Agricultural Land Under Section 31(i) SARFAESI Act.

The dispute arose from securitisation proceedings initiated by Indian Bank against M/s. Raus Constructions Private Ltd. after loan default. The bank c...

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Supreme Court Sets Aside High Court's Contempt Order in Indian Oil Corporation Dealership Termination Case Due to Subsequent Events and Forum Change. Contempt Proceedings Rendered Redundant as Respondent Agreed to Proceed Under Amended Guidelines and Old Appellate Forum Was No Longer in Existence.

The appeal arose from a contempt order passed by the High Court of Judicature at Allahabad. The respondent, a dealership holder, had its dealership te...

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Supreme Court Dismisses Appeal in Customs Pre-Deposit Dispute Under Section 129E of Customs Act, 1962. Appellant's Claim for Discretionary Relief Under Pre-Substitution Provision Rejected as Order and Appeal Were Post-Substitution, with Legislative Intent Favoring Fixed Percentage Regime.

The dispute arose from an appeal against the dismissal of a customs appeal due to non-compliance with the pre-deposit requirement under Section 129E o...