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Bombay High Court Allows Revision by Indian Oil Corporation Against Appointment of Commissioner in Suit for Distributorship - Court Holds That Appointment of Commissioner to Ascertain Suit Valuation Is Not Permissible Under Order 26 CPC.

The case involves a Civil Revision Application filed by Indian Oil Corporation Limited (the applicant) against an order passed by the Civil Judge, Sen...

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Bombay High Court Allows Assignee of Debt to Proceed Under SARFAESI Act Despite Company Being Under Liquidation. Assignee Steps into Shoes of Original Lender and Can Enforce Security Interest Under Section 13 of SARFAESI Act, 2002.

The petitioner, ASREC (India) Limited, is a company registered as a Reconstruction Company and Securitisation Company with the Reserve Bank of India u...

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Supreme Court Upholds Constitutional Validity of Gold (Control) Act, 1968 with Partial Striking Down. Court holds delegation of power to Administrator not excessive and applies severability doctrine to sever ultra vires provisions.

The case arose from a constitutional challenge to the Gold (Control) Act, 1968, enacted to curb gold smuggling and control internal gold transactions ...

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The two writ petitions filed by Reliance Jio Infocomm Ltd challenged the vires of Rule 39(1)(a) of the Central Goods and Services Tax Rules, 2017 and ...

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High Court of Judicature at Bombay Considers Validity of Retrospective Amendment to Bombay Sales Tax Act, 1959. Amendment Deeming Refining of Oil as Manufacture is Challenged as Violative of Articles 14 and 19(1)(g) of the Constitution.

The writ petition under Article 226 of the Constitution of India was filed by Godrej Soaps Ltd., a public limited company engaged in manufacturing and...

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Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...