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High Court Answers Substantial Question of Law in Customs Appeal on Validity of CHALR Disciplinary Proceedings Despite Non-Joinder in Show Cause Notice. Non-Joinder of Customs House Agent as Co-Noticee Under Customs Act Does Not Vitiate Independent Disciplinary Action Under CHALR 1984....

The appeal arose from a decision of the Customs, Excise & Service Tax Appellate Tribunal that set aside the cancellation of a Customs House Agent licence and forfeiture of security. The Revenue challe...

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Bombay High Court Allows Revenue Appeal in Customs Case — Post-Importation Condition of 'No Sale for 2 Years' in Public Notice Held Not Applicable to Goods Imported Prior to Its Issuance. The Tribunal erred in applying a condition from a Public Notice dated 31.03.2000 to goods imported on 28.02.2000, as the condition was not in existence at the time of import....

The appeal was filed by the Commissioner of Customs (Imports) under Section 130 of the Customs Act, 1962 against the order dated 7th July, 2004 passed by the Customs Excise and Service Tax Appellate T...

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Bombay High Court Allows Appointment of Arbitrator in Contract Dispute Under Section 11 of Arbitration Act. Multi-tier Dispute Resolution Clause with Final Binding Decision by Committee Constitutes Arbitration Agreement....

The applicant, M/s. Harbhajan Sarabjeet & Associates, a registered partnership firm, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbi...

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Bombay High Court Dismisses Petition Challenging Rejection of Brand Rate Drawback Claims for Tea Exports. Confirms revocation of brand rate letters and recovery of drawback amounts with interest due to failure to prove actual duty payment....

The petitioners, Hindustan Lever Limited and its shareholder, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 30.9.2005 passed by the Deputy Secretary t...

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Bombay High Court Upholds Circular Requiring Audit by Chartered Accountants or Certified Auditors in Cooperative Societies. Section 81(1)(a) of Maharashtra Cooperative Societies Act, 1960 empowers Registrar to prescribe auditor qualifications, and the circular is a valid general order....

The judgment concerns two writ petitions challenging a circular dated 11th November 1996 issued by the Government of Maharashtra under Section 81(1)(a) of the Maharashtra Cooperative Societies Act, 19...

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Bombay High Court Dismisses Revision Against Setting Aside Attachment and Sale in NI Act Case Due to Non-Compliance with Section 82 CrPC Procedure. Proclamation Procedure Under Section 82 CrPC Must Be Strictly Followed Before Attachment Under Section 83 CrPC; Failure to Comply Renders Attachment and Sale Invalid....

The case involves a criminal revision application filed by Dharampal (applicant) against the judgment and order of the Additional Sessions Judge, Udgir, dated 9th April 2009, which allowed an appeal u...

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Bombay High Court Allows Restoration of Suit Dismissed for Default Under Order 9 Rule 4 CPC — Sufficient Cause Shown for Non-Appearance. The court held that the trial court erred in dismissing the restoration application without properly considering the appellant's explanation of illness, emphasizing liberal construction of procedural rules....

The appellant, Sharad Bhagwat Joshi, filed an Appeal from Order against the order dated 01 March 2003 passed by the trial court in Misc. Application No. 154 of 2003, which dismissed his application fo...

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Bombay High Court Allows Transfer of Divorce Petition from Nashik to Ahmednagar on Grounds of Wife's Convenience and Financial Hardship. Wife's convenience is paramount in matrimonial proceedings filed by husband under Section 13(1)(ia) of Hindu Marriage Act, 1955, especially when she has no income and faces travel expenses....

The applicant, Anita Balkrishna Barge, filed a Miscellaneous Civil Application under the Hindu Marriage Act, 1955, seeking transfer of Hindu Marriage Petition No. 194 of 2009 filed by her husband, Bal...