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Supreme Court Refers Conflict on Taxability of Tobacco Products to Constitution Bench for Clarification on Precedent Doctrine. Dispute Involves Whether Pan Masala Containing Tobacco Covered Under Additional Duties of Excise Act, 1957 is Exempt from State Sales Tax Under Various State Enactments.

The Supreme Court considered a batch of appeals concerning the taxability of pan masala containing tobacco and gutka under various State sales tax act...

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High Court of Karnataka Dismisses Writ Petition Challenging Land Acquisition Awards for Irrigation Project — Petitioner's Title Not Established as Owner of Acquired Lands. Petitioner claiming tenancy cannot challenge acquisition without established title.

The petitioner, Ugar Sugar Works Limited, a public limited company, filed a writ petition under Articles 226 and 227 of the Constitution of India chal...

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High Court of Karnataka Dismisses Company's Writ Petition Challenging Land Acquisition Awards for Irrigation Project — Title Not Established. Company failed to prove ownership of acquired lands, hence no locus standi to challenge awards under Land Acquisition Act, 1894.

The petitioner, Ugar Sugar Works Limited, a public limited company, filed a writ petition under Articles 226 and 227 of the Constitution of India chal...

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Bombay High Court Dismisses Petition Challenging Excise Duty Rate on Cranes — Enacted Statute Prevails Over Discrepancy in Bill Versions. Rate of Duty Under Heading 84.26 of Central Excise Tariff Act, 1985 is 15% Ad Valorem, Not 12% as Claimed by Manufacturer.

The petitioner, M/s. Garlick Engineering, a manufacturer of cranes, filed a writ petition challenging the rate of central excise duty applicable to cr...

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Bombay High Court Delivers Oral Judgment on Quashing of FIR in EPF Dues Under-Assessment Case — Court Examines Scope of Power Under Article 226 and Section 482 CrPC, Citing R.P. Kapur and Bhajan Lal Precedents

The petitioner, a Regional Provident Fund Commissioner, had passed an assessment order under Section 7A of the Employees' Provident Funds and Miscella...

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WRIT PETITION NO. 957 OF 2013

The petitioners, retired employees of the Mumbai Municipal Corporation, along with other slum dwellers, filed writ petitions under Article 226 of the ...

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Bombay High Court Rules Against Export Tax Exemption for Helium Gas Supplied to ONGC at Mumbai High. Sales to ONGC at Mumbai High Not Exports Under Section 5(1) Central Sales Tax Act as Mumbai High Is Not a Foreign Destination.

The case involves a sales tax reference under Section 61(4) of the Bombay Sales Tax Act, 1959, arising from a decision of the Maharashtra Sales Tax Tr...

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Bombay High Court Adjudicates Challenge to Legislative Council Board Order Granting Retrospective Seniority. The Court Examines Whether the Board's Order Violates Principles of Delay and Laches by Disturbing Seniority After 16 Years.

The case arose from a seniority dispute among Section Officers in the Maharashtra Legislature Secretariat. The petitioners, Meghana Dilip Talekar, Shi...

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Supreme Court Rejects Recusal Plea in Land Acquisition Reference. Judge Who Decided Smaller Bench Can Sit in Larger Bench to Reconsider Same Issue as Bias Plea Based on Extrajudicial Factors.

This order arises from a reference to a five-judge Constitution Bench of the Supreme Court of India concerning the interpretation of Section 24 of the...