Search Results for "bank guarantee exemption"

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Search Results for "bank guarantee exemption"

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High Court

High Court of Bombay at Aurangabad Considers Writ Petition Against Interim Injunction Restraining Bank Guarantee Encashment; Contract Formation and Arbitration Clause Among Issues. The Court Examines Whether a Concluded Contract Existed and Whether Civil Court Jurisdiction Is Barred by an Arbitration Clause, but the Provided Judgment Excerpt Is Incomplete.

17 Feb 2010

This writ petition arose from a dispute over the encashment of a bank guarantee submitted as bid security in a tender process. The petitioner, a corpo...

Supreme Court

Supreme Court Dismisses Appeal in Cheque Dishonour Case Due to Contradictory Evidence and Failure to Rebut Presumption. Appellant failed to prove legally enforceable debt as cheque was issued as security and loan transaction not reflected in income tax returns.

1 Jan 2024

The appellant, Sri Dattatraya, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) against the respondent, Sharanappa...

High Court

Bombay High Court Dismisses Writ Petition Challenging Customs Duty Demand on Re-exported Leased Capital Goods. Petitioner failed to comply with conditions of Notification No. 21/2002-Cus. for duty-free import of capital goods on lease, and re-exported goods without fulfilling export obligation, leading to demand of duty and interest.

7 Jul 2022

The petitioner, Expotec International Ltd., a public limited company engaged in import and export, was awarded a contract by Gas Authority of India Li...

Supreme Court

Supreme Court Allows Union's Appeal Against High Court's Setting Aside of Amended Customs Notification. Power to Modify Exemption Under Section 25(1) Customs Act, 1962 Includes Power to Withdraw; No Vested Right to Concessional Duty.

12 May 2023

The case involves a challenge to the amendment of a customs exemption notification. The respondent, ABP Pvt Ltd, imported a high-speed printing machin...

High Court

High Court of Karnataka Delivers Judgment in Appeal Against Dismissal of Suit for Recovery of Money Alleging Bank's Unauthorized Issuance of Demand Drafts from Cheque Mandate. The Appeal Involves Issues of Bank's Liability for Acting Contrary to Instructions Under Sections of Customs Act, 1962 and CPC.

22 Dec 2020

The plaintiff, a registered company engaged in manufacturing television and monitor components, imported goods and stored them in a bonded warehouse. ...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of ARE-1 Forms as Proof of Export Under Advance Authorisation Scheme. Court Holds That ARE-1 Forms Are Valid Proof of Export Under Paragraph 4.25 of Handbook of Procedures 2009-14 and Quashes Show Cause Notice.

12 Sep 2017

The petitioner, Larsen & Toubro Limited, a company incorporated under the Indian Companies Act, 1913, challenged a Letter dated 1-12-2016 and a Show C...

High Court

High Court of Bombay Grants Direction Dispensing with Section 101(2) Procedure in Reduction of Share Capital – Interpretation of 'Any Other Case' under Section 101(2) and Discretion of Court. The court held that where reduction does not involve diminution of liability in respect of unpaid share capital or payment to shareholders, Section 101(2) does not automatically apply, and the court has discretion to dispense with creditor objection procedure under Section 101(3) in special circumstances.

10 Feb 2005

The applicant, Rallis India Limited, a public limited company, had merged four loss-making subsidiaries, resulting in an accumulated debit balance of ...

Supreme Court

Supreme Court Dismisses Appeal in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881 Despite Insolvency Proceedings. Criminal Liability Under Section 138 Negotiable Instruments Act, 1881 Continues Simultaneously with Insolvency Resolution Under Insolvency and Bankruptcy Code, 2016 as Proceedings are Penal and Not Covered by Moratorium Under Section 14.

15 Mar 2023

The dispute arose from a dishonoured cheque issued by M/s Rainbow Papers Limited, a company, to Tourism Finance Corporation of India Limited, a public...

High Court

Bombay High Court Allows Writ Petition for Force Majeure Benefit Under Quota Policy — Power Cut Constitutes Force Majeure. The court held that a power cut imposed by the Gujarat Electricity Board is beyond the control of the exporter and qualifies as force majeure under clause 9 of the Government Entitlement Policy, 1994-1996, entitling the petitioners to extension of time for fulfilling export obligations.

21 Sep 2011

The petitioners, Esjay International Pvt. Ltd. and its director Sunil G. Jhangiani, are exporters recognized by the Government of India since 1981. Th...

Supreme Court

Supreme Court Allows PIL Seeking Scribe Facility for Person with Disability Without Benchmark Disability — Rights of Persons with Disabilities Act, 2016. Benchmark Disability Not a Precondition for Reasonable Accommodation in Examinations Under Sections 2(s), 2(t), 3, 16, 17, 20 of RPwD Act, 2016.

10 Feb 2025

The petitioner, Gulshan Kumar, a person with 25% permanent disability due to Focal Hand Dystonia (Writer's Cramp), filed a Public Interest Litigation ...

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