Search Results for "article 142 directions"

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High Court

Bombay High Court Quashes Assessment Order for Violation of Section 144C(11) Time Limit — DRP Directions Issued Beyond Nine-Month Period Invalid. The court held that the Dispute Resolution Panel's directions under Section 144C(5) of the Income Tax Act, 1961 must be issued within nine months from the end of the month in which the draft assessment order is received, and failure renders the assessment order void.

14 Feb 2022

The petitioner, Shell India Markets Private Limited, a company engaged in retailing petroleum products and supplying lubricants, challenged an assessm...

Supreme Court

Supreme Court Refers Matter to Larger Bench on Automatic Vacation of Stay Orders Under Article 142 of the Constitution. The Court expressed reservations about directions in Asian Resurfacing that interim stay orders automatically lapse after six months, holding that such automatic vacation without judicial application of mind could cause miscarriage of justice.

29 Feb 2024

The Supreme Court, in a judgment authored by Justice Abhay S. Oka, addressed the correctness of directions issued in Asian Resurfacing of Road Agency ...

High Court

Bombay High Court Quashes Circular Closing Liquor Shops on Ram Navmi — Section 142 of Bombay Prohibition Act Requires Individual Satisfaction of Collector. Blanket Circular by Commissioner of State Excise Directing All Collectors to Close Licensed Liquor Shops on a Particular Day Held Ultra Vires.

18 Jul 2006

The petitioners, Maharashtra Wine Merchants Association and Indian Hotels and Restaurant Association, challenged a circular dated 4th April 2006 issue...

Supreme Court

Supreme Court Dismisses Petitions Seeking Parity in Sub-Inspector Selection. The Court held that the benefit granted to 133 candidates under Article 142 was not a precedent and cannot be claimed by others who failed or did not appear in the physical test.

11 Jun 2020

The judgment concerns a batch of writ petitions filed under Article 32 of the Constitution of India by candidates seeking appointment to the post of S...

High Court

High Court of Bombay Clarifies Powers of Collector under Section 142 of Maharashtra Prohibition Act, 1949. Court Expands the Scope of "Any Place" in Section 142(1) to Include Multiple Licensed Shops in the Interest of Public Peace.

30 Sep 2024

The Bombay High Court addressed the scope of the Collector's powers under Section 142(1) of the Maharashtra Prohibition Act, 1949. The petitioners cha...

High Court

Bombay High Court Upholds Validity of Section 138 NI Act and Directs Magistrates to Accept Complaints Without Preliminary Inquiry. Section 138 Negotiable Instruments Act, 1881 is constitutionally valid and Section 200 CrPC does not require preliminary inquiry in cheque dishonour cases.

30 Nov -0001

The judgment arises from a batch of petitions challenging the constitutional validity of Section 138 of the Negotiable Instruments Act, 1881 and the p...

High Court

High Court of Bombay at Goa Dismisses PIL Challenging State's Interpretation of Supreme Court Order Allowing Post-Deadline Transportation. The Petitioner Contends That the Supreme Court's Order Under Article 142 Permitted Only Excavation Till 15 March 2018 and Not Post-Deadline Transportation.

4 May 2018

The Goa Foundation, a public interest organization, filed a writ petition in the High Court of Bombay at Goa challenging the State Government's decisi...

High Court

Bombay High Court Dismisses Petition Challenging Closure Order for Country Liquor Shop Under Section 142(1) of Bombay Prohibition Act, 1949. Licence for Sale of Country Liquor is Not a Fundamental Right and Must Yield to Public Interest.

13 Feb 2012

The petitioner, Satish Damodhar Kasar, filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court, Ben...

Supreme Court

Supreme Court Upholds Land Claim in Urban Land Ceiling Dispute, Sets Aside Allotment to Newspaper Publication. Court Declares Survey No. 19/P as Actual Survey No. 129/45/D Under Article 142, Rejecting Government's Compliance Report.

1 Oct 2019

The Supreme Court disposed of Miscellaneous Applications arising from a long-standing land dispute concerning Survey No. 129/45/D in Jubilee Hills, Hy...

Supreme Court

Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

12 Apr 2012

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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