Search Results for "Remand"

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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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"Partition Suit Remanded for Inclusion of Joint Family Properties in Fresh Decision" "Appellate Court remands partition suit back to trial court for inclusion of all ancestral properties, ensuring equitable division among coparceners."

1. Appeal Background:The appellant, defendant No. 2 in Civil Suit No. 110 of 2012, has appealed the First Appellate Court’s decision to remand the p...

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Supreme Court Judgment on Prison Reforms and Legal Aid for Inmates "Ensuring Human Dignity and Equal Access to Justice for Prisoners"

The Supreme Court of India addressed critical issues related to the overcrowding of prisons and the inadequate access to legal aid for prisoners. The ...

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Supreme Court of India overturns High Court's decision; Upholds Conviction Based on Admitted Documents. Case remanded by the Allahabad High Court, reversed by the Supreme Court based on the correctness of Section 294 CrPC application in relation to documentary evidence.

  1. Case Background (Para 2-3): The case arises from the brutal murder of two individuals from a Scheduled Caste, Mohan Ram and Bodha Devi, on t...

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High Court Quashes Industrial Court’s Remand Order; Reinforces Fairness in Proportionate Punishment in Labor Disputes. Unfair Labor Practice in Dismissal Addressed under the Doctrine of Proportionality.

The Bombay High Court, Nagpur Bench, examined a labor dispute where the petitioner, a former employee, contested his dismissal on the grounds of unfai...

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Supreme Court Restores Trial Court's Acquittal after Witnesses' Non-appearance and Rejects Mandatory Pre-Cross Examination Decision under Section 319 CrPC. SC upholds Trial Court's discretion in rejecting Section 319 CrPC application, setting aside the Calcutta High Court order.

The Supreme Court held that there is no mandatory requirement to decide an application under Section 319 CrPC before cross-examining prosecution witne...

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Bombay High Court Quashes VAT Assessment Order on Ferrero India Over Procedural Lapses and Legal Malafides Violation of Natural Justice and Statutory Limitations Results in VAT Demand Cancellation

The petitioners challenged assessment orders issued under the Maharashtra Value Added Tax (MVAT) Act. The orders sought to levy VAT on royalty payment...

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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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A protracted legal battle results in an order for delayed refund interest under the Customs Act, 1962.

The Bombay High Court ordered the Deputy Commissioner of Customs to pay interest on a delayed refund of Special Additional Duty (SAD). The petitioner ...

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"Adjudication Order Set Aside Due to Lack of Reasoning: Court Remands for Fresh Hearing" "High Court emphasizes the need for reasoned and speaking orders to uphold principles of natural justice."

The High Court set aside the adjudication order made by the Deputy Commissioner of State Tax on the grounds of failure to provide reasons and lack of ...