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Bombay High Court Cancels Bail in NDPS Case — Commercial Quantity of Opium Determined by Total Weight, Not Morphine Content. The court held that the Special Judge erred in calculating morphine content to bring the quantity below the commercial threshold, and the bar under Section 37 of NDPS Act applies.

The Union of India filed an application for cancellation of bail granted to the respondents (original accused) by the Special Judge (NDPS Act), Pune, ...

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Bombay High Court Allows Petition and Quashes Detention Order Under COFEPOSA Act Due to Non-Application of Mind and Non-Supply of Vital Documents. Non-Consideration of Bail Order and Retraction of Statements Violates Right to Make Effective Representation Under Article 22(5) of Constitution.

The petitioner, wife of the detenu Ganesh Maharudra Desai, challenged the detention order dated 6/8/2009 passed under Section 3(1) of the Conservation...

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Bombay High Court Dismisses Writ Petition Challenging MODVAT Credit Denial Under Rule 57C of Central Excise Rules, 1944. Inputs Used in Manufacture of Exempted Final Products Not Eligible for Credit.

The petitioners, Atlas Automotive Components Private Limited and another, filed a writ petition under Article 226 of the Constitution of India before ...

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Supreme Court Dismisses Appeals by Manufacturers in Sikkim Seeking Exemption from Education Cess and NCCD. Exemption Notification Strictly Construed; Cesses Not Covered as They Were Imposed by Separate Finance Acts After the Notification.

The Supreme Court dismissed two civil appeals filed by M/s. Unicorn Industries and Akshay Ispat and Ferro Alloys Private Limited against the judgment ...

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Bombay High Court Dismisses Employer's Petition Challenging Tribunal's Refusal to Approve Dismissal in Gold Smuggling Case. Tribunal's Finding of Unfair Enquiry and Perverse Findings Upheld Under Section 33(2)(b) of Industrial Disputes Act, 1947.

The petitioner, Air India Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 22nd July 2004 passed ...

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High Court of Karnataka Acquits Accused in NDPS Case Due to Lack of Conscious Possession and Procedural Lapses. Conviction under Sections 21(c), 23(c) read with 28 of NDPS Act set aside as prosecution failed to prove possession of contraband beyond reasonable doubt.

The case involves three criminal appeals arising from a common judgment of the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS...

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Bombay High Court Hears Appeal Against Conviction Under NDPS Act for Heroin Possession at Airport. Conviction Based on Recovery of 6.4 kg Heroin Concealed in Television Picture Tube and Statements Under Section 67 of the NDPS Act.

The appellant, a Nigerian national, was convicted by the Special Judge under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 fo...

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Bombay High Court Allows Raymond Limited's Appeals in Central Excise Cenvat Credit Dispute. Cenvat Credit of AED (T&TA) on Inputs Can Be Utilized for Payment of BED on Final Products.

The appellant, Raymond Limited, is a company manufacturing blankets from woollen fibres. The blankets attract only Basic Excise Duty (BED) and not Add...

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Bombay High Court Considers Constitutional Validity of Customs Circular Mandating BIS Certification for Alloy Steel Deformed Bars. The Circular is Challenged as Ultra Vires the Bureau of Indian Standards Act, 1986 and Violative of Fundamental Rights.

The four writ petitions under Article 226 of the Constitution of India were filed by importers of alloy steel deformed bars/reinforcement bars challen...

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Bombay High Court Admits Central Excise Appeal on Conditional Exemption and Cenvat Credit. The Appeal Raises Substantial Questions of Law Regarding Notification No.6/2006-C.E. and Credit on Aggregates Used in Export.

The Bombay High Court heard a central excise appeal filed by Mahindra & Mahindra Ltd. against the Commissioner of Central Excise, Mumbai-V. The appell...