Search Results for "Article 226"

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Bombay High Court Sets Aside Charity Commissioner’s Circular on Restricting Trust Names. A victory for freedom of expression in trust registrations under the Maharashtra Public Trusts Act.

The Bombay High Court quashed the Revised Circular No. 543 dated July 4, 2018, issued by the Charity Commissioner, Maharashtra, which directed trusts ...

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Pre-Deposit Requirement Mandatory Under Section 129E of Customs Act: Relief Denied. Relief under Article 226 for pre-deposit waiver cannot override the statutory mandate under Section 129E of the Customs Act, 1962.

1. Relief Sought by Petitioners (Paras 1–2) The Petitioners sought: Waiver of the pre-deposit requirement under Section 129E of the Customs Act,...

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"Recognition of Tribal Identity Reaffirmed: ‘Tokre Koli’ vs. ‘Koli Dhor’ Debate Settled" "High Court quashes scrutiny committee's decision, emphasizing preponderance of probability in caste validation."

The Bombay High Court at Aurangabad Bench overturned the Scheduled Tribe Certificate Scrutiny Committee's decision, which denied validation of the pet...

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Determining Paternity and Ownership Rights in Consolidation Disputes under U.P. Consolidation of Holdings Act, 1953.

Relevant Provisions Discussed: U.P. Consolidation of Holdings Act, 1953: Section 9: Filing of objections during consolidation proceedings. Se...

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"High Court Mandates Enhanced Verification Mechanisms to Prevent Real Estate Fraud" "Ensuring Transparency and Accountability in Real Estate Registrations"

The Court emphasized the necessity of a robust framework to ensure transparency and prevent fraudulent practices in the real estate sector. It directe...

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"Faceless Tax Assessments: Bombay High Court Quashes Order Violating Natural Justice" Ensuring procedural compliance under Section 144B of the Income Tax Act.

The legality of an income tax assessment order passed in violation of Section 144B of the Income Tax Act, 1961. The Bombay High Court held the order t...

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Bombay High Court Dismisses Apollo Tyres' Writ Petition Against GST Show Cause Notice. The Court emphasizes the need to exhaust statutory remedies before invoking writ jurisdiction under Article 226.

1. Background of the Case Petitioner: Apollo Tyres Limited. Respondents: Union of India and GST authorities. Issue: Challenge to a show cause not...

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"High Court Dismisses Plea by Advertising Firm; Imposes Exemplary Costs for Misconduct" "Judicial Discretion Ensures Proportionate Penalty for Unauthorized Advertising"

The judgment pertains to the rejection of the petitioner’s request for retaining hoardings erected without proper authorization from the Mumbai Met...

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"Supreme Court Upholds LIC's Action on Employee Abandoning Service, Quashes High Court's Relief Order" "Clear cases of job abandonment cannot bypass procedural requirements when the facts substantiate abandonment."

Acts and Sections Discussed: LIC Staff Regulation, 1960: Regulation 39(4)(iii) and Explanations 1 and 2. Constitution of India: Article 226 (Equit...

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"Criminal Proceedings Quashed: Bombay High Court Relies on Settlement for Ends of Justice" Balancing law and justice, the Bombay High Court quashes criminal proceedings in a dowry-related case after settlement and mutual divorce between parties.

  Typographical Correction Leave granted to amend typographical errors. Amendment to be carried out by counsel for the applicants. Hea...