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High Court of Karnataka Allows Revision Petitions in VAT Reassessment Cases — Reassessment Orders Set Aside for Non-Compliance with Section 39(1) of KVAT Act, 2003. Mandatory Pre-Decision Hearing Requirement Not Waived Despite Assessee's Participation in Subsequent Proceedings.

The judgment concerns five revision petitions filed under Section 65(1) of the Karnataka Value Added Tax Act, 2003 (KVAT Act) against orders of the Ka...

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Bombay High Court Quashes DGFT Order Cancelling Advance Authorisation and EPCG Licences for Optical Fibre Manufacturer — Violation of Natural Justice and Non-Application of Mind. Petitioner's licences restored as cancellation was based on irrelevant considerations and without proper hearing.

The petitioner, Ashwini Ashish Dighe, proprietor of Sunteck Telecommunications, a manufacturer of optical fibres, filed a writ petition challenging th...

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Bombay High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Invalid Sanction. Sanctioning Authority's Admission of Using Draft Sanction Without Independent Application of Mind Renders Prosecution Void Under Section 19 of Prevention of Corruption Act, 1988.

The State of Maharashtra appealed against the acquittal of Ramesh Khandu Salve, a BMC Inspector, charged under Sections 7, 13(1)(d) read with 13(2) of...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable to Pay Compensation Despite Driver's Invalid License. Pay and Recover Principle Applied as Insurer Must Compensate Third Party and Recover from Owner.

The case arises from a motor accident claim filed by the respondent no.1 (original applicant) before the Motor Accident Claims Tribunal (MACT), Pune. ...

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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 Allows Petition Under Section 11 of Arbitration Act to Appoint Arbitrator Despite Alleged Non-Payment of Stamp Duty on Agreement. Court holds that stamp duty is a fiscal matter and not a bar to appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

The petitioner, Lloyds Realty Developers Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment ...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Construction Approval Due to Lack of Standing and Delay. Petitioners failed to establish locus standi as they were not owners of the suit property and approached the court after substantial delay.

The case involves a writ petition filed by legal heirs of the original petitioner, Mr. Limo Cortez, challenging the construction approval granted by t...

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Bombay High Court Dismisses Petition Challenging Construction Approval Due to Lack of Standing and Delay. Petitioners failed to establish locus standi as they were not owners of the property and approached the court after substantial delay.

The petitioners, legal heirs of the original petitioner Limo Cortez, filed a writ petition under Article 226 of the Constitution of India challenging ...