Search Results for "amendment prospective"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "amendment prospective"

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High Court

Bombay High Court Quashes Show Cause Notice Issued to Petitioner in Foreign Trade Act Case — Misreading of Earlier Division Bench Judgment Invalidates SCN. The court held that the show cause notice under Section 14 of the Foreign Trade (Development and Regulation) Act, 1992, was based on an erroneous interpretation of a prior judgment that had already settled the issue of prospective application of a policy circular.

7 Feb 2025

The petitioner, Essar Shipping Limited, challenged a show cause notice dated January 13, 2023, issued by the Director General of Foreign Trade under S...

Supreme Court

Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

13 Dec 2024

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

High Court

Bombay High Court Holds Section 143-A of Negotiable Instruments Act Directory — Interim Compensation Requires Recording of Reasons. Court clarifies that Section 143-A is not mandatory and reasons must be recorded for quantum under Section 143-A(2).

7 Jul 2022

The judgment arises from two criminal writ petitions filed by Ashwin Ashokrao Karokar (accused) against Laxmikant Govind Joshi (complainant) under the...

Supreme Court

Supreme Court Allows Appeal in Consumer Protection Case on Applicability of Deposit Condition Under Old Act. The court held that the appeal is governed by the Consumer Protection Act, 1986, as the right of appeal accrued before the 2019 Act came into force, and the deposit of ₹50,000 under Section 23 suffices for entertaining the appeal.

15 Feb 2022

The appeal arose from an order of the National Consumer Dispute Redressal Commission directing the appellant to pay a substantial sum with interest. T...

Supreme Court

Supreme Court Dismisses Appeals in Terminal Excise Duty Refund Dispute Under Foreign Trade Policy. Export Oriented Units Not Entitled to Refund as Procurement from Domestic Tariff Area Units Was Ab Initio Exempt from Excise Duty Under Paragraphs 6.2(b) and 6.11(c)(ii) of Foreign Trade Policy, 2009-2014.

4 Jan 2022

The dispute involved appeals by Export Oriented Units (EOUs) challenging the refusal of refund claims for Terminal Excise Duty (TED) paid on excisable...

High Court

Bombay High Court Quashes Order for Pre-Deposit of 20% Cheque Amount in NI Act Case — Section 143A Not Retrospective. Section 143A of Negotiable Instruments Act, 1881, inserted by Amendment Act of 2018, is prospective and does not apply to complaints filed before its commencement.

25 Nov 2019

The petitioner, Ashok Ratanlal Khatod, challenged an order passed by the Judicial Magistrate First Class, Wani, in Summary Criminal Case No. 1818/2018...

Supreme Court

Supreme Court Allows Revenue Appeals in Income Tax Special Audit Time Extension Case. Assessing Officer Had Suo Motu Power to Extend Time Under Section 142(2C) Even Before 2008 Amendment.

26 Mar 2019

The case involves a batch of appeals by the Commissioner of Income Tax against the judgment of the Delhi High Court, which had dismissed the Revenue's...

High Court

Bombay High Court Quashes Notification Denying Furlough to Convicts Under Section 364 IPC — Rule 4(13) of Furlough and Parole Rules Held Ultra Vires. The Court held that the classification of convicts under Section 364 IPC as ineligible for furlough is arbitrary and violative of Article 14 of the Constitution.

5 May 2016

The petitioner, Santosh Namdeo Bhukan, was convicted under Sections 364, 302, and 201 of the Indian Penal Code (IPC) by the Additional Sessions Judge,...

High Court

Bombay High Court Strikes Down Sub-Rule 13 of Furlough Rules as Ultra Vires and Discriminatory — Convicts Convicted for Kidnapping Cannot Be Blanketly Denied Furlough. Sub-rule 13 of Rule 4 of the Maharashtra Prisons (Furlough and Parole) Rules, 1959, which excluded prisoners convicted for kidnapping from furlough, held arbitrary and violative of Article 14 of the Constitution.

28 Apr 2016

The petitioner, Sharad Devaram Shelake, was convicted by the Additional Sessions Judge, Pune under Sections 302 and 364 of the Indian Penal Code (IPC)...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Trust Registration Cancellation Case — Commissioner Lacked Jurisdiction Under Unamended Section 12AA(3). The amendment by Finance Act 2010 is prospective and does not apply retrospectively to cancellation orders passed before 1 June 2010.

1 Feb 2012

The Petitioner, Sinhagad Technical Education Society, a trust registered under Section 12A of the Income Tax Act, 1961, was issued a notice under Sect...

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