Search Results for "Article 265"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Disposes Appeal by Consent Appointing Arbitrator in MSME Dispute, ...

Search Results for "Article 265"

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High Court

High Court Allows Writ Petition for Refund of IGST on Ocean Freight -- Sets Aside Appellate Order Directing Limitation Verification -- Reliance on Precedents for Mistake of Law Refunds

16 Jan 2026

The petitioners imported fertilizers on CIF basis, paying IGST on ocean freight under reverse charge mechanism as per RCM Notification No.10/2017. Aft...

Supreme Court

Supreme Court Allows Appeal Against Foreigners Tribunal Declaration in Assam Nationality Case — Emphasizes Right to Hearing and Burden of Proof Under Section 9 of Foreigners Act, 1946. The Court set aside the ex-parte order of the Tribunal and remanded the matter for fresh consideration, holding that the appellant was not given a fair opportunity to be heard.

11 Jul 2024

The Supreme Court considered an appeal against the Gauhati High Court's dismissal of a writ petition challenging the Foreigners Tribunal's declaration...

High Court

Bombay High Court Allows Writ Petitions Challenging Reopening of Assessments Under Section 147 of Income Tax Act, 1961 — Reopening Based on Change of Opinion and Non-Disclosure of Material Facts Held Invalid. The court held that reassessment notices issued without tangible material and based on a change of opinion are invalid, and that the assessee's failure to disclose primary facts is a prerequisite for invoking the proviso to Section 147.

19 Jan 2024

The judgment pertains to two writ petitions filed by corporate assessees challenging the reopening of their income tax assessments for the assessment ...

High Court

Bombay High Court Allows MCGM to Construct Suction Tank in Mangrove Buffer Zone for Water Supply to Gorai Village. The court directed authorities to consider MCGM's application for permission within four weeks, holding that the project for public water supply could be permitted subject to due process under the Environment Protection Act and CRZ notifications.

24 Feb 2023

The Municipal Corporation of Greater Mumbai (MCGM) filed a writ petition under Article 226 of the Constitution of India seeking a mandamus to permit t...

High Court

Bombay High Court Dismisses Petition Challenging Demolition of Structure in Eco-Sensitive Zone. Construction in Prohibited Area Without Valid Permission Violates Environment Protection Act and CRZ Notification.

9 May 2022

The petitioners, M/s. Sai Pushp Enterprises and Yogesh Govind Puranik, filed a writ petition challenging the demolition of their structure by the Than...

High Court

Bombay High Court Allows Writ Petition Challenging Refusal to Credit Amount Paid Under Income Declaration Scheme in Direct Tax Vivad Se Vishwas Act Proceedings. Court Holds That Beneficial Legislation Must Be Interpreted Liberally and Non Obstante Clause Does Not Bar Credit for Prior Payments Under Earlier Scheme.

11 Aug 2021

The petitioner, Pinnacle Vastunirman Private Limited, filed a writ petition challenging the refusal of the Principal Commissioner of Income Tax-2 (res...

Supreme Court

Supreme Court Dismisses Appeal for De-requisition of Lands Under Requisitioning Act — Compensation Already Determined and Property Not Released. The Court held that the appellants' remedy lies in seeking compensation enhancement, not de-requisition, as the property was not released within the statutory period under Section 6(1A) of the Requisitioning and Acquisition of Immovable Property Act, 1952.

24 Nov 2020

The case involves an appeal by special leave against the Karnataka High Court's judgment dated 11.01.2008 in W.P. 8340/2006. The appellants, B.K. Ravi...

High Court

Bombay High Court Dismisses Admiralty Suit for Cargo Damage Claim Due to Lack of In Rem Jurisdiction and Limitation Bar. The court held that the vessel was not within Indian territorial waters at the time of suit filing and the claim was time-barred under the one-year limitation period under Article III Rule 6 of the Hague Rules.

28 Aug 2019

The plaintiff, Elecon Engineering Company Limited, filed an admiralty suit in rem against the vessel 'Rickmers Dubai' and other defendants for recover...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Service Tax on Transmission of Electricity as Premature. Challenge to Show Cause Notice Under Section 66E(e) of Finance Act, 1994 Rejected Without Examining Merits Due to Availability of Alternative Remedy.

22 Oct 2018

The petitioner, Karnataka Power Transmission Corporation Limited (KPTCL), filed a writ petition on 07.12.2016 challenging a Show Cause Notice dated 20...

High Court

Bombay High Court Allows Employer's Petition Against Industrial Court Order in Unfair Labour Practice Case — Non-supply of Enquiry Report Before Dismissal Violates Natural Justice. The court remanded the matter for fresh consideration on punishment, holding that the Industrial Court erred in ordering reinstatement with full back wages without considering the gravity of misconduct.

11 Apr 2014

The petitioner, The Indian Seamless Metal Tubes Limited, is a factory covered under the Factories Act, 1948. The respondent workman was appointed on 0...

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