Search Results for "erroneous and prejudicial"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "erroneous and prejudicial"

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High Court

Removal of Managing Committee Members Under Section 78A of the Maharashtra Co-operative Societies Act, 1960 – Validity of Membership and Jurisdiction of Registrar

21 Feb 2025

Court Upholds Removal of Committee Members Without Ownership of Flats in Society’s Building – Developer’s Dual Role Under Scrutiny The Court up...

Supreme Court

Supreme Court Upholds Penalty for Excess Load Consumption as Unauthorised Use of Electricity Under Section 126 of Electricity Act, 2003 — Assessment at Twice the Higher Tariff Applicable for the Category of Use, Not Consumer's Category. The court held that consumption in excess of connected load constitutes unauthorised use under Explanation (b)(iv) and assessment under Section 126(6) must be at twice the tariff for the category for which electricity was unauthorisedly used.

9 Dec 2022

The case involves a batch of appeals by the Kerala State Electricity Board (KSEB) against a judgment of the Kerala High Court which held that for unau...

High Court

High Court Allows Appeal in Entry Tax Case — Lubricants Not 'Petroleum Products' Under Karnataka Entry Tax Act. Synthetic and petroleum-based lubricants imported under Customs Tariff Chapters 34 and 37 are not covered by the definition of 'petroleum products' in Section 2(6) of the Karnataka Entry Tax Act, 1979, and thus not liable to entry tax.

16 Dec 2020

The appellant, M/s. Kluber Lubrication (India) Pvt Ltd, a private limited company registered as a dealer under the Karnataka Value Added Tax Act, 2003...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind — Detaining Authority Failed to Consider Grant of Bail in Similar Cases. Preventive Detention Order Set Aside as Subjective Satisfaction Was Not Based on Relevant Material Under Section 3 of Maharashtra Prevention of Dangerous Activities Act, 1981.

28 Mar 2018

The petitioner, Rohit Kesrinath Patil @ Dappu, challenged a detention order dated 6th January 2018 issued under Section 3 of the Maharashtra Preventio...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay in Execution. The Court Held That a 19-Day Gap Between Passing and Service of Detention Order Without Explanation Violates the Detenu's Right to Make a Representation Under Article 22(5) of the Constitution.

18 Jan 2018

The petitioner, Vishnu @ Bablu Vasant Gawali, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Of...

High Court

Bombay High Court Quashes Externment Order Under Section 56(1)(b) of Bombay Police Act for Lack of Subjective Satisfaction and Excessive Territorial Extent. Petitioner Externed from Pune City and District for Two Years; Order Set Aside as Authority Failed to Record Witnesses' Unwillingness and Area of Externment Was Disproportionate.

4 Dec 2013

The petitioner, Imtiyaz Afzal Hussain Shaikh, challenged an externment order dated 22 April 2013 passed by the Deputy Commissioner of Police under Sec...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Revision Case — Tribunal's Order Not Erroneous or Prejudicial to Revenue. Transfer of Shares for Debt Settlement and Lease Premium Income Treated as Capital Receipts, Not Revenue.

22 Oct 2012

The appeal by the revenue under Section 260A of the Income Tax Act, 1961 challenged the order of the Income Tax Appellate Tribunal (Tribunal) dated 21...

High Court

Bombay High Court Allows Detenu's Writ Challenging Preventive Detention Under MPDA Act — Detention Order Quashed for Non-Application of Mind and Failure to Consider Less Restrictive Alternatives. The court held that the detaining authority must consider whether ordinary law is sufficient and cannot mechanically pass a detention order when the detenu is already in custody.

13 May 2011

The petitioner, Rushikesh Tanaji Bhoite, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offende...

High Court

Bombay High Court Quashes Detention Orders Under MPDA Act for Non-Application of Mind and Lack of Subjective Satisfaction. Preventive Detention Orders Set Aside as Detaining Authority Failed to Consider Petitioners' Custody Status and Relied on Unverified In-Camera Statements.

30 Aug 2005

The petitioners, Pravin Nivrutti Pagare, Sunil Mahadeo Khandagale, and Vijay Premnath Gosavi, were detained under Section 3(1) of the Maharashtra Prev...

High Court

Bombay High Court Upholds Assessee in Income Tax Reference on Section 35B Deduction and Doctrine of Merger. Commissioner Cannot Reopen Allowed Deduction After Appeal Merger Under Income Tax Act, 1961.

22 Jul 2005

The case is an income tax reference under section 256(1) of the Income-tax Act, 1961, arising from a dispute between the Commissioner of Income-tax, B...

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