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Bombay High Court Holds That Question of Excisability of Goods Is a Question of Rate of Duty Appealable Only to Supreme Court Under Section 35L(2) of Central Excise Act, 1944, and Amendment Inserting Sub-section (2) Is Clarificatory in Nature.

The case involves a reference to a Full Bench of the Bombay High Court to determine the appealability of a Tribunal order regarding excisability of go...

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Bombay High Court Considers Maintainability of Section 34 Petition Against Foreign Award; Preliminary Objection Raised Pending Determination. Arbitration Agreement Existence and Enforcement of Foreign Award Under Part II Also Examined.

The dispute arose from a voyage charter party dated 13 September 2008 between Aurelia Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company...

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Karnataka High Court Adjudicates Writ Petitions Challenging Mandatory Pre-Deposit under Section 35F of Central Excise Act, 1944. The court examined whether the mandatory deposit requirement violated Articles 14, 19(1)(g) and 265 of the Constitution of India.

The High Court of Karnataka heard a batch of writ petitions filed by several assessees, including Hindustan Petroleum Corporation Ltd., Prestige Garde...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Bombay High Court Quashes One-Time Spectrum Charge on Cellular Operators for Spectrum Beyond 6.2 MHz, Holding No Statutory Power Under Telegraph Act, 1885 to Impose Retrospective Charges

The case involved a writ petition filed by major cellular mobile service operators, Bharti Airtel Limited and Vodafone Idea Limited, challenging the i...

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Bombay High Court Dismisses Writ Petitions Seeking Direction to Provide Arbitration in Expired Toll Collection Contracts. Clause 36 of Agreement Held Not an Arbitration Agreement; Court Cannot Direct Parties to Arbitrate Under Article 226.

The Bombay High Court dismissed two writ petitions filed by M/s. MEP RGSL Toll Bridge Pvt. Ltd. and Raima Toll & Infrastructure Pvt. Ltd., both specia...

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High Court of Bombay at Goa Condones Delay in Tax Appeal Filed by Assessee Due to Lack of Notice and Ex-Parte ITAT Order; Litigant Should Not Suffer for Fault of Counsel, Delay of 40 Days Condoned Under Section 260A of Income Tax Act, 1961, on Payment of Costs.

Two Miscellaneous Civil Applications were filed before the High Court of Bombay at Goa by Neelam Ajit Phatarpekar, an assessee, and as legal heir of l...

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Karnataka High Court Dismisses Writ Petition Filed by Company Against Government Order Fixing Market Value of Encroached Land and Demanding Payment of Rs. 982 Crores for 77 Acres 19 Guntas; Upholds Government's Valuation Determined Pursuant to Supreme Court Directions in Civil Appeal No. 5181/2003

M/S Chamundeswari Build Tech Private Limited (petitioner), incorporated in 1994, developed a golf resort, Eagleton Golf Resort, in Ramanagara District...