Search Results for "Coercive action"

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Bombay High Court Quashes ESIC Demand Notices for Non-Application of Mind and Violation of Natural Justice. Employer's Failure to Produce Records Does Not Justify Ex-Parte Assessment Without Proper Opportunity of Hearing.

The petitioners, a company and its director, filed a writ petition before the Bombay High Court challenging various demand notices, recovery notices, ...

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Bombay High Court Quashes FIR Against Public Servants in Defamation Case for Lack of Sanction Under Section 199 CrPC. Private Complaint for Defamation Against Public Servant Requires Prior Sanction from Competent Authority.

The judgment pertains to four criminal applications filed by Vinod Sahebrao Pandhare, Santosh B. Somani, Bharat Dnyandeo Deogire, and Ashok Narayan Ga...

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Bombay High Court Dismisses Stay Application in Arbitration Matter — Consent Order Not Stayed as No Prima Facie Case Made Out. Court held that a consent order passed under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be stayed unless fraud or lack of jurisdiction is shown.

The petitioner, Tata Capital Financial Services Limited, a non-banking finance company, had sanctioned an invoice discounting facility of Rs. 20,00,00...

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Bombay High Court Quashes CBEC Circular on Service Tax Refund for Exporters — Circular Held Ultra Vires Section 11B of Central Excise Act, 1944 and Section 93 of Finance Act, 1994.

The Bombay High Court, in a batch of writ petitions filed by various companies including Larsen & Toubro Limited, Uhde India Private Limited, Tata Tel...

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Bombay High Court Restrains Recovery of Excise Duty from Sick Industrial Company Without BIFR Consent. The court held that Section 22(1) of SICA bars coercive recovery of dues without prior consent of BIFR, protecting the petitioner-company's assets.

The petitioner, Polymermann (ASIA) P. Ltd., is an industrial unit engaged in the manufacture of polymer chemicals, with its factory at MIDC, Ambad, Na...