Search Results for "Fresh Consideration"

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Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

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Bombay High Court Set Aside the Debt Recovery Appellate Tribunal’s (DRAT) Order — Directs DRAT to Decide Appeals on Merits. Revisiting the Scope of Appellate Authority and Jurisdiction — Emphasis on Avoiding Routine Remands — Upholding Judicial Efficiency and Finality of Decisions

The DRAT, as an appellate authority, has the duty to decide all issues based on the material available on record. Routine and unjustified remands del...

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Supreme Court Set Aside High Court Bail Order for Non-Compliance with Section 45 of Prevention of Money Laundering Act, 2002 (PMLA) – Appeal Allowed – Matter Remanded for Fresh Consideration.

Supreme Court Held That Bail Under PMLA Requires Mandatory Compliance with Twin Conditions Under Section 45 – High Court Order Granting Bail Set Asi...

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Revision Against Auditor’s Re-Audit Report Not Maintainable Under Section 154 of Maharashtra Co-operative Societies Act, 1960. Auditor’s Findings in Re-Audit Report Do Not Constitute a ‘Decision’ or ‘Order’ – Administrative Orders Not Revisable Under Section 154

MCS Act: Section 81 – Deals with audit, test audit, re-audit, and submission of specific and special reports by auditors. MCS Act: Section 154 �...

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COVID-19 Impact on Advance Tax Compliance: Relief Granted by Remanding Interest Waiver Application. Pandemic-induced financial constraints considered valid grounds for reassessment of interest waiver under Section 234C of the Income Tax Act.

The Bombay High Court quashed an order rejecting an application for waiver of interest under Section 234C of the Income Tax Act and remanded the matt...

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Refund Rejection Orders Quashed Due to Breach of Rule 92(3) of CGST Rules, 2017 and Violation of Natural Justice. Rejection of refund applications overturned on grounds of non-compliance with procedural rules and denial of opportunity for hearing.

The Petitioner challenged the rejection of its refund application by the department on the grounds of procedural irregularities and a breach of the Ce...

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Supreme Court Voids Gujarat HC's Ante-Dated Judgment in Civil Appeal. Justice Must Not Only Be Done, But Must Also Be Seen to Be Done: SC Highlights Ethical Standards for Judicial Decisions

The Supreme Court set aside a judgment of the Gujarat High Court where the court had failed to provide a timely reasoned judgment, allegedly backdatin...

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Labour Court's Decision on Employment Relationship Quashed; Case Remanded for Fresh Consideration. High Court quashes Labour Court's order due to misinterpretation of the Industrial Disputes Act, 1947, and the Contract Labour Act, 1970.

The writ petition challenges the Labour Court’s decision denying the petitioners' claim for reinstatement as security guards. The Labour Court's fin...

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"Supreme Court Remits Matter for Fresh Consideration by High Court in Truck Rent Dispute" "High Court order quashing FIR and criminal proceedings set aside; matter remanded for reconsideration in light of investigation materials."

Acts and Sections Discussed: Code of Criminal Procedure, 1973 (CrPC) Section 156(3): Magistrate’s power to direct investigation. Section 41A:...

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"Pendente Lite Transferee's Right to Challenge Execution of Decree Confirmed: Supreme Court" SC affirms that limitation period begins from the date of final decree, and a pendente lite transferee can challenge execution if dispossessed.

The Supreme Court of India, deals with the execution of a final decree in a partition suit and the rights of a pendente lite transferee. It affirms th...