Search Results for "certiorari jurisdiction"

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Search Results for "certiorari jurisdiction"

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High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 — Unsigned Notice Invalid and Proceedings Barred by Limitation. The court held that an unsigned notice under Section 148 is not a valid notice and cannot initiate reassessment proceedings beyond the limitation period under Section 149(1)(b).

9 Jan 2023

The petitioner, Prakash Krishnavtar Bhardwaj, a non-resident Indian residing in Dubai, UAE, filed a writ petition under Article 226 of the Constitutio...

High Court

Bombay High Court Quashes CERA Audit Notice for Lack of Statutory Basis. Audit of Private Company's Records for Pre-GST and GST Periods Without Invoking Specific Statutory Provision Held Without Jurisdiction.

29 Jan 2021

The petitioner, Kiran Gems Private Limited, a private limited company, filed a writ petition under Articles 226 and 227 of the Constitution of India b...

High Court

High Court of Bombay at Goa Dismisses Appeal Against SARFAESI Proceedings — Tenant's Claim Not Established. The court held that the appellant failed to prove tenancy and that the remedy under Section 17 of the Securitisation Act is available to any person aggrieved, including tenants.

14 Feb 2020

The appellant, Modinasab Indikar, filed a first appeal before the High Court of Bombay at Goa against the order of the District Magistrate, Salcete, d...

High Court

Bombay High Court Allows Writ Petitions Challenging Customs Duty Demand on Imported Textile Machinery — Holds That Show Cause Notice Issued Beyond Limitation Period Under Section 28 of Customs Act, 1962 Is Time-Barred. The court quashed the show cause notice as the department failed to establish any fraud or suppression to justify the extended period of limitation.

20 Feb 2026

The petitioners, Karl Mayer STOLL Textilmaschinenfabrik GmbH and M/s. Karl Mayer India Private Limited, imported textile machinery and cleared the goo...

High Court

Madras High Court Allows EPFO's Writ Petition Challenging EPF Appellate Tribunal Order for Lack of Jurisdiction and Erroneous Application of Mens Rea. The Tribunal's order quashed as it entertained a time-barred appeal without condonation of delay and wrongly applied criminal law concepts to civil damages under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

2 Jan 2025

The case involves a writ petition filed by the Employees Provident Fund Organization (EPFO) challenging an order of the Employees Provident Fund Appel...

High Court

Full Bench of Bombay High Court Considers Whether Election Dispute Remedy Under Section 16 of Maharashtra Municipal Corporations Act, 1949 and Section 21 of Maharashtra Municipal Council, Nagar Panchayat and Industrial Township Act, 1965 Applies to Challenge Nomination of Nominated Councillors. The Court Examines Conflict Between Two Division Bench Decisions on the Maintainability of Such Petitions.

11 Mar 2016

The matter arose from two writ petitions. Writ Petition No. 11278 of 2012 was filed by Shri Anil (Vidyarthi) Chanderlal Ailani, a former elected counc...

Supreme Court

Supreme Court Allows Landowner's Plea of Selection to Be Considered in Tenancy Purchase Case Under Punjab Security of Land Tenures Act. Financial Commissioner Has Wide Revisional Powers to Examine Jurisdictional Facts, and the Question of Land Being Reserved/Selected Is a Jurisdictional Fact Under Section 18 of the Act.

17 Oct 1968

The dispute arose under the Punjab Security of Land Tenures Act, 1953, where a tenant sought to purchase land he had been cultivating for over six yea...

High Court

Bombay High Court Dismisses Writ Petition Challenging MSME Council Award for Lack of Jurisdiction — Alternative Remedy Under Section 34 of Arbitration Act Available. Petitioner's Challenge to Award Under Section 18 of MSMED Act Rejected as Court Finds No Exceptional Circumstances to Bypass Statutory Appeal Remedy.

22 Oct 2024

The petitioner, M/s. Duro Shox Pvt. Ltd., a private limited company, challenged an award dated 02.02.2024 passed by the Micro and Small Enterprises Fa...

High Court

Bombay High Court at Goa Dismisses Goa University's Challenge to Town Planning Board Directions and Allows Dr. Shetye's Complaint Regarding Illegal Compound Wall. The Court held that the University's construction of a compound wall without leaving access to neighboring properties was unauthorized and that the regularization order did not legalize the wall without proper plans.

25 Nov 2024

The judgment concerns two writ petitions: WP No.414/2023 filed by Goa University challenging an order of the Town and Country Planning Board dated 20....

High Court

Bombay High Court Dismisses Writ Petition for Lack of Territorial Jurisdiction in Mining Lease Revision Challenge. Revisional Order Passed by Central Government Tribunal at Delhi Does Not Confer Jurisdiction on Nagpur Bench Despite Property Location in Maharashtra.

5 Mar 2013

The petitioner, Vidarbha Mining Association, a registered partnership firm with its registered office at Nagpur, filed a writ petition under Articles ...

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