Search Results for "jurisdiction of High Court"

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Supreme Court Invalidates Ex Parte Arbitration Awards; Upholds Principles of Party Autonomy

Existence of Arbitration Agreement: Whether the purported arbitration agreement dated 01.04.1957 was valid and enforceable. Unilateral Appointment of ...

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"High Court Strikes Down Reassessment Order Against Wavy Construction LLP as Time-Barred" "Reassessment proceedings held invalid due to exceeding statutory limitation under the Income Tax Act, 1961."

The Bombay High Court quashed the reassessment order dated September 30, 2022, passed against Wavy Construction LLP under Sections 147, 143(3), and 14...

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High Court Quashes Sessions Court Order Allowing Additional Evidence Post-Trial Commencement – Upholds Accused’s Right to Fair Trial. Court Reiterates Public Prosecutor’s Non-Partisan Role and Limits on Producing Evidence Post-Charge Framing

Public Prosecutor’s Role – The Public Prosecutor cannot assume the role of an Investigating Officer or produce evidence beyond what is filed with...

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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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Pre-Deposit Requirement Mandatory Under Section 129E of Customs Act: Relief Denied. Relief under Article 226 for pre-deposit waiver cannot override the statutory mandate under Section 129E of the Customs Act, 1962.

1. Relief Sought by Petitioners (Paras 1–2) The Petitioners sought: Waiver of the pre-deposit requirement under Section 129E of the Customs Act,...

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"Faceless Tax Assessments: Bombay High Court Quashes Order Violating Natural Justice" Ensuring procedural compliance under Section 144B of the Income Tax Act.

The legality of an income tax assessment order passed in violation of Section 144B of the Income Tax Act, 1961. The Bombay High Court held the order t...

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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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"High Court's Jurisdiction Clarified in Testamentary Matters" "Concurrent Jurisdiction Explored with Key Clarifications on Succession Act Provisions"

This judgment addresses the jurisdiction of the Bombay High Court in entertaining a petition for the grant of Letters of Administration concerning pro...

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"Rejection of Nomination for Chembur Constituency: A Judicial Review of Procedural Compliance" "Ensuring procedural integrity in electoral nominations under the scrutiny of the judiciary."

The Bombay High Court dismissed a writ petition challenging the rejection of a nomination to contest the Maharashtra Legislative Assembly elections. T...

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Examining the scope of Industrial Court’s jurisdiction in unfair labor practice complaints under MRTU & PULP Act in the context of employer-employee relationships.

Acts and Sections Discussed: Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices (MRTU & PULP) Act, 1971 - Sectio...