Search Results for "Opportunity of Hearing"

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Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where parties have agreed on a procedure for appointment of arbitrator, the court must respect it unless bias or failure is shown.

29 Mar 2019

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

Supreme Court

Supreme Court Allows Appeal in Customs Valuation Dispute — Mandamus Issued to Assess Imported Scrap on Transaction Value. Court Holds That Declared Transaction Value Must Be Accepted Unless Proper Officer Follows Procedure Under Section 14 and Rule 12 of Customs Valuation Rules, 2007.

27 Mar 2019

The appellants, Century Metal Recycling Pvt. Ltd. and Gauri Shankar Agarwala, filed a writ petition before the Allahabad High Court challenging the pr...

Supreme Court

Supreme Court Allows Mother's Appeal in NRI Child Custody Dispute — Best Interest of Child Requires Full Hearing Before Return. The Court set aside the High Court's order for immediate return of children to the US, directing the Family Court to decide custody based on welfare, not merely on comity or habitual residence.

15 Mar 2019

The case involves a custody dispute between Lahari Sakhamuri (mother/appellant) and Sobhan Kodali (father/respondent) over their two minor children, b...

Supreme Court

Supreme Court Upholds Life Ban on Cricketer in BCCI Spot-Fixing Case — Disciplinary Committee's Findings Based on Audio Recordings and Commissioner's Report Upheld. The Court held that the standard of proof in domestic disciplinary proceedings is preponderance of probabilities, and the BCCI's decision was not perverse.

15 Mar 2019

The Supreme Court dismissed the appeal filed by cricketer S. Sreesanth challenging the life ban imposed by the Board of Control for Cricket in India (...

Supreme Court

Supreme Court Sets Aside NCLAT Order for Violation of Natural Justice in IBC Section 7 Proceedings. The Court held that failure to serve notice under Rule 48 of NCLAT Rules, 2016, vitiated the proceedings and remanded the matter for fresh hearing.

8 Mar 2019

The appeal arose from an order of the National Company Law Appellate Tribunal (NCLAT) dated 08.02.2019, which set aside the order of the National Comp...

Supreme Court

Supreme Court Upholds NGT Directions on Buffer Zones for Lakes and Rajakaluves in Bangalore — Environmental Protection Prevails Over Development Rights. The Court held that the NGT's directions for buffer zones of 75 meters around lakes and 25-50 meters around Rajakaluves are valid and must be implemented prospectively, rejecting retrospective application.

5 Mar 2019

The case involves multiple appeals under Section 22 of the National Green Tribunal Act, 2010, challenging orders of the National Green Tribunal (NGT) ...

Supreme Court

Supreme Court Sets Aside High Court Order Directing Inspection for Seat Enhancement in PG Medical Courses. MCI's Recommendation to Bar Admissions for Five Years Was Not Accepted by Union of India, But High Court Erred in Directing Inspection Without Considering Pending Writ Petition in Delhi High Court.

1 Mar 2019

The Supreme Court set aside an interim order of the Rajasthan High Court that directed the Medical Council of India (MCI) to conduct an inspection for...

Supreme Court

Supreme Court Dismisses Buyer's Refund Claim for Excise Duty Paid Under Protest by Manufacturer — Limitation Period Under Section 11B Applies Separately to Buyer. The right of the buyer to claim refund under Section 11B(2)(e) of the Central Excise Act, 1944 is distinct from that of the manufacturer, and the benefit of the second proviso (duty paid under protest) does not extend to the buyer.

20 Feb 2019

The case involves a batch of appeals by Western Coalfields Ltd. (the buyer) against the rejection of its refund claim for central excise duty paid by ...

Supreme Court

Supreme Court Dismisses Buyer's Refund Claim for Excise Duty Paid Under Protest by Manufacturer — Limitation Period Under Section 11B(1) Applies Separately to Buyer. The right of the buyer to claim refund under Section 11B(2)(e) is distinct from the manufacturer's right, and the benefit of the second proviso (waiver of limitation for duty paid under protest) does not extend to the buyer.

20 Feb 2019

The Supreme Court dismissed a batch of appeals filed by Western Coalfields Ltd. (the buyer) against the rejection of its refund claim for central exci...

Supreme Court

Supreme Court Dismisses Buyer's Refund Claim in Central Excise Duty Case — Limitation Period Applies Separately to Buyer. The Court held that the period of limitation of six months under Section 11B(1) of the Central Excise Act, 1944 applies to a buyer's refund claim even if the manufacturer paid duty under protest, as the rights of manufacturer and buyer are distinct.

20 Feb 2019

The case involves a batch of appeals by Western Coalfields Ltd. (the appellant/buyer) against the rejection of its refund claim for central excise dut...

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