Search Results for "Article 265"

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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...
Supreme Court Hears Appeals Against Madras High Court’s Setting Aside of Alien...
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Search Results for "Article 265"

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High Court

Gujarat High Court Allows Petition Challenging Demolition of Residential Structures Without Notice Under Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 2012. Demolition Without Prior Notice and Hearing Violates Principles of Natural Justice and Article 300A of the Constitution.

16 Mar 2026

The petitioners, Kureshi Irfanbhai Mohammadsharifbhai and others, filed a Special Civil Application under Article 226 of the Constitution of India bef...

High Court

Madras High Court Quashes Show Cause Notice and Declares Finance Act Provisions Ultra Vires Following Supreme Court Decision in Calcutta Club Limited. Service Tax Levy on Incorporated Entity Fails as 'Body of Persons' Does Not Include Bodies Corporate.

24 Mar 2025

The petitioner, M/s. Sterling Holiday Resorts (I) Limited, a company incorporated under the Companies Act, received a show cause notice dated 22.10.20...

Supreme Court

Supreme Court Upholds Validity of Explanations to Rule 38 of MCR, 2016 and Rule 45(8)(a) of MCDR, 2017 — Royalty Computation on Gross Sale Value Without Deduction of Royalty, DMF, and NMET Contributions is Valid. The Court held that royalty is a tax and not a contractual consideration, and the impugned explanations do not violate Article 14 or Article 265 of the Constitution.

15 Nov 2024

The petitioners, Kirloskar Ferrous Industries Limited and another, filed a writ petition under Article 32 of the Constitution challenging the validity...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Anti-Dumping Duty Notifications as Belated and Misconceived. Refund Claim for Rs. 9.24 Crore Rejected Due to Delay and Laches, as Petition Filed After Six Years from Imposition of Duty.

22 Jan 2024

The petitioner, Sansar Texturisers Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging two notifications dated...

High Court

Bombay High Court at Goa Upholds Constitutional Validity of Entry Tax Provisions in Challenge by Importer of Goods. Section 3 of Goa Tax on Entry of Goods Act, 2000 held valid as charging section need not contain measure of tax; machinery and penalty provisions also upheld.

5 Apr 2021

The petitioner, M/s Pernod Ricard India Private Limited, a company incorporated under the Companies Act, 1956, filed a writ petition before the High C...

Supreme Court

Supreme Court Upholds Enforcement of Foreign Award Against NAFED in Groundnut Export Dispute — Government Refusal Does Not Excuse Breach Under FOSFA Contract. The court held that a canalizing agency cannot rely on its own lack of permission as a force majeure event under Clause 14 of the FOSFA 20 Contract, and enforcement of the award is not against public policy despite procedural irregularities.

22 Apr 2020

The case involves a dispute between National Agricultural Cooperative Marketing Federation of India (NAFED), a canalizing agency for the Government of...

Supreme Court

Supreme Court Holds Order VIII Rule 6A CPC Mandatory for Filing Counterclaim Before Written Statement. Counterclaim Filed After Written Statement Is Not Permissible as Provision Imposes Embargo on Belated Filing.

19 Nov 2019

The Supreme Court of India, in a three-judge bench, addressed a reference regarding the interpretation of Order VIII Rule 6A of the Code of Civil Proc...

High Court

High Court of Karnataka Dismisses Petitioner's Challenge to Show-Cause Notice Under Customs Act — No Interference at Pre-Adjudication Stage. Section 28(11) of Customs Act, 1962 Upheld as Valid and Compensatory in Nature.

30 Jan 2018

The petitioner, M/s. Royaloak Furniture India LLP, a furniture importer, filed writ petitions under Articles 226 and 227 of the Constitution of India ...

High Court

Bombay High Court Dismisses Appeals Against Execution of Foreign Decree in Mistaken Credit Case. Foreign Judgment for Recovery of USD 5,00,000 Held Conclusive Under Section 13 CPC as Not Contrary to Public Policy.

18 Dec 2017

The appeals arise from a suit filed by BNP Paribas (Switzerland) SA (the respondent bank) for execution of a foreign judgment passed by the District C...

High Court

Bombay High Court Grants Interim Injunction in Design Infringement Case — Defendant's Plastic Container Found Deceptively Similar to Plaintiff's Registered Design Under Designs Act, 2000. The court applied the 'eye test' and held that the overall impression of the Defendant's product was identical to the Plaintiff's registered design, despite minor differences in colour.

1 Jul 2016

The Plaintiffs, Selvel Industries and Sears Industries, filed a suit for infringement and passing off under the Designs Act, 2000, against the Defenda...

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