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Bombay High Court Quashes Show Cause Notice in Customs Case Due to 24-Year Delay in Adjudication. Inordinate delay in adjudication of show cause notice under Section 28 of Customs Act, 1962 renders it stale and liable to be quashed as abuse of process.

The petitioners, Rachana Garments Pvt. Ltd. and its director Dinesh Kumar Bhartiya, challenged a show cause notice dated 27 June 1997 issued by the Co...

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High Court of Bombay Adjudicates Writ Petition Against MMRDA Regarding Levy of Additional Premium on Leasehold Land. Petitioner Assails Demand Notice as Contrary to Lease Agreement and Arbitrary.

The Writ Petition was instituted challenging the Demand Notice dated 9th September 2014 issued by Respondent No.1 – Mumbai Metropolitan Region Devel...

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Bombay High Court Allows Petition for Interest on Delayed Retiral Benefits to Exonerated Employee — Rule 55A(7) of Pension Rules, 1953 Deems Payment Due from Retirement Date, Not Exoneration Date, and Interest Is Payable Without Proving Administrative Lapse.

The petitioner, Narayan Pundalik Pathade, a retired employee of the Municipal Corporation of Greater Mumbai (MCGM), filed a writ petition under Articl...

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Bombay High Court Allows Writ Petition Challenging Imposition of Maximum Interest Rate on Delayed Royalty Payment Under Mineral Concession Rules, 1960. Court Holds That Rule 64-A Prescribes Maximum Rate, Not Mandatory Rate, and Respondents Have Discretion to Impose Lower Interest.

The petitioner, Associated Cement Companies Limited, filed a writ petition challenging a communication dated 16/18.4.1996 from the respondents demandi...

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Bombay High Court Allows Union of India's Petition Against Interest Demand on Differential Customs Duty for Goods Imported Prior to Introduction of Section 28AA of Customs Act, 1962. The Court held that interest under Section 28AA cannot be levied retrospectively for imports completed in 1986-1987.

The Union of India, through the Controller of Stores, Central Railway, filed a writ petition challenging an order-in-original dated 5 July 2006 and su...

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High Court Dismisses Bank's Petition Challenging Interest on Delayed Gratuity Payment Under Section 7(3A) of Payment of Gratuity Act, 1972. Service Regulations Cannot Override Statutory Mandate for Interest on Delayed Gratuity.

The case involves a writ petition filed by Allahabad Bank, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Under...