Search Results for "defective show cause notice"

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High Court Allows Writ Petition for Refund of IGST on Ocean Freight -- Sets Aside Appellate Order Directing Limitation Verification -- Reliance on Precedents for Mistake of Law Refunds

The petitioners imported fertilizers on CIF basis, paying IGST on ocean freight under reverse charge mechanism as per RCM Notification No.10/2017. Aft...

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Validity of Prosecution Sanctions: Pre-Trial Determination or Trial Issue? A comprehensive analysis of conflicting Apex Court judgments on the timing and significance of challenging prosecution sanctions under the Prevention of Corruption Act, 1988.

The legal debate on whether the validity of a prosecution sanction must be determined before trial or can be contested during the trial. It examines k...

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Bombay High Court Allows US National's Petition Against Expulsion Without Hearing. Court holds that an order under Section 3(2)(c) of the Passport (Entry into India) Act, 1920 requires compliance with natural justice.

The petitioner, Joshua Sadagursky, a US national, filed a writ petition under Article 226 of the Constitution of India challenging a notice dated 21st...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Unreliable Circumstantial Links. Conviction under Sections 302, 392, 201 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellants, Anandrao @ Anil Baban Kharade and Vijay Hiraman Bahare, were convicted by the adhoc Additional Sessions Judge, Greater Bombay at Sewre...

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Bombay High Court Dismisses Suit for Declaration of Trust and Accounts Against Bank in Palm Oil Import Dispute. Consent Decree in Prior Suit Bars Plaintiff from Claiming Sale Proceeds as Trust Property.

The plaintiffs, Bajranglal Anilkumar Jaju and Hitesh Anilkumar Jaju, filed Suit No. 824 of 1980 against The Vyasya Bank Ltd. seeking a declaration tha...

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Bombay High Court Allows Petition of Retired Teacher for Pension as Trained Teacher - Petitioner's Appointment as Trained Teacher Approved and Confirmed, Entitled to Pension in Trained Scale

The petitioner, Mrs. Charumathi Kannappa Mudaliar, was appointed as an Assistant Trained Teacher at respondent No.4 School, a recognized and aided sch...

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Bombay High Court Dismisses Petition of Ex-Judicial Officer Challenging Dismissal for Misconduct. Departmental inquiry found to be fair and charges proved, upholding dismissal under Rule 5 of Maharashtra Civil Services (Discipline and Appeal) Rules, 1979.

The petitioner, a former judicial officer, challenged his dismissal from service by an order dated 31 October 2006 passed by the Joint Secretary in th...