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Bombay High Court Hears Writ Petition Challenging Constitutional Validity of Section 2(24)(xviii) of Income Tax Act, 1961. Petitioner contended that taxing capital subsidies as income violates Articles 14, 19, 246, 265 and 289 of Constitution; final decision not stated in available text.

Serum Institute of India Private Limited, a biotechnology company manufacturing drugs and vaccines with a plant at Hadapsar, Pune, filed the writ peti...

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PUBLIC INTEREST LITIGATION NO.259 OF 2009

The Public Interest Litigation was filed by Bhimshakti Vichar Manch, a registered trust, and another petitioner, challenging the Foodgrain Based Disti...

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Supreme Court Allows Appeal in Remission Policy Applicability Case — 2002 Policy Governs Convicts Sentenced Before 2008 Policy Came Into Effect. The Court held that the policy in force at the time of conviction applies, and subsequent policy cannot be applied retrospectively to deny remission.

The appellant, Parveen Kumar @ Parveen Chauhan, was convicted for the murder of a 12-year-old child on 3rd January 2009 under FIR No.670 of 2007. He w...

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Supreme Court Dismisses Petition Challenging OROP Policy Implementation for Ex-Servicemen. Periodic Revision Every Five Years Upheld as Not Arbitrary Under Articles 14 and 21 of the Constitution of India.

The dispute arose from a petition under Article 32 of the Constitution challenging the implementation of the One Rank One Pension (OROP) policy for ex...

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Bombay High Court Adjudicates Upon Challenge to Pre-Deposit Order and Validity of Explanation to Schedule Entry A-45 of MVAT Act, 2002. The Petition Seeks Quashing of Assessment and Pre-Deposit Orders for Pan Masala Containing Tobacco Exemption Denial and Striking Down of Discriminatory Notification.

The petitioner, M/s. Ghodawat Energy Pvt. Ltd., a manufacturer of pan masala with and without tobacco, challenged the levy of VAT on pan masala contai...

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High Court Allows Petition for Compassionate Appointment Seeking Regular Pay Scale from Initial Date. Fixed Pay Appointment Quashed as Unjust Under Pre-2004 Policy; Arrears Restricted to Three Years Prior to Filing Due to Delay.

The dispute arose from a petition filed under Article 226 of the Constitution of India by the petitioner, whose father died in harness on 22 December ...

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Supreme Court Dismisses Appeal Against Rejection of Discharge in PMLA Case — Money Laundering Held to be Continuing Offence. Retrospective Application of PMLA Upheld Where Proceeds of Crime Remain in Circulation, Irrespective of When Scheduled Offence Was Committed.

The appellant, Pradeep Nirankarnath Sharma, was implicated in a money laundering case under the Prevention of Money Laundering Act, 2002 (PMLA) based ...

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Supreme Court Allows Union's Appeals in Advance Authorization IGST Exemption Case. The Court upholds the pre-import condition as a valid policy measure to prevent double benefit and cash blockage, reversing the Gujarat High Court's decision.

The case involves appeals by the Union of India against a Gujarat High Court judgment that set aside the mandatory 'pre-import condition' for claiming...

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Madras High Court Dismisses Petitions Challenging Package Tendering System for Road Works. Policy Decision to Reintroduce Package System Upheld as Valid Executive Action Under Article 226 of Constitution of India.

The case involves a batch of writ petitions filed by individual contractors challenging the Government Order G.O.(Ms) No.162, Highways & Minor Ports (...

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Supreme Court Dismisses Revenue Appeal in Income Tax Limitation Case Under Section 144C. Nagarathna J. Holds That Section 144C Does Not Extend Limitation Under Section 153 of Income Tax Act, 1961.

This separate opinion by Nagarathna J. arises from civil appeals filed by the Revenue against a common order of the Bombay High Court. The High Court ...