Search Results for "Overruled precedent"

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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...
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Search Results for "Overruled precedent"

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High Court

Bombay High Court Allows Librarians' Petition for Trained Teacher Pay Scale in Secondary Schools. Librarians with Graduate Degrees and Library Science Diplomas Held Entitled to Higher Pay Scale of Rs.1400-2600 Under Maharashtra Employees of Private Schools Act.

19 Dec 2019

The judgment addresses a reference to a Full Bench of the Bombay High Court regarding the pay scale entitlement of Librarians employed in Secondary Sc...

High Court

Bombay High Court Allows Cash Refund of CENVAT Credit Under Section 11B(2) Proviso (c) When Credit Cannot Be Utilized Due to Exempted Final Products. The court held that clause (c) to the proviso of section 11B(2) of the Central Excise Act, 1944 permits cash refund of credit on inputs where the assessee is unable to utilize such credit, overruling the contrary view in Commissioner of Central Excise vs. Jain Vanguard Polybutylene Ltd.

14 Jun 2019

The Full Bench of the Bombay High Court was constituted to resolve a conflict regarding the interpretation of clause (c) to the proviso of section 11B...

High Court

Bombay High Court Allows Condonation of Delay in Arbitration Petition Under Section 14 of Limitation Act. Time spent in earlier proceeding before court lacking jurisdiction excluded, delay of 144 days condoned.

12 Mar 2019

The applicant, M/s Globe Capital Market Ltd., filed a notice of motion in an arbitration petition seeking condonation of delay of 144 days in filing t...

High Court

Bombay High Court Allows School Management's Petition Against School Tribunal Order in Service Dispute. Caste Validity Challenge by Management Not Barred by Limitation Under Section 9 of MEPS Act, 1977.

1 Feb 2019

The petitioners, Maharashtra Vidya Prasarak Mandal Khamgaon and the Head Master of Maharashtra Vidyalaya, Janori, filed a writ petition challenging th...

High Court

Bombay High Court Allows School Management's Petition Against School Tribunal Order in Service Dispute — Caste Validity Challenge Not Barred by Limitation Under MEPS Act. The Court held that the School Tribunal erred in dismissing the management's application challenging maintainability of appeal on ground of delay, as the issue of caste validity was pending before the Caste Scrutiny Committee and the appeal was filed within reasonable time after the committee's adverse order.

1 Feb 2019

The petitioners, Maharashtra Vidya Prasarak Mandal Khamgaon and the Head Master of Maharashtra Vidyalaya, Janori, filed a writ petition challenging th...

High Court

Bombay High Court Allows Student's Petition Challenging Cancellation of Admission in Architecture Course — Regulation 4 of Minimum Standards of Architecture Education Regulations, 1983 Held Ultra Vires Section 45 of Architects Act, 1972. The court quashed the cancellation order and directed the college to allow the petitioner to continue her studies, applying the principle of legitimate expectation.

11 Jun 2012

The petitioner, a minor represented by her father, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 10...

High Court

Bombay High Court Dismisses Revenue's Appeal in Sugar Factory Tax Case — Interest on Non-Refundable Deposits Not Taxable as Income. Following Supreme Court precedent, the Court held that non-refundable deposits from members are capital receipts and interest thereon cannot be treated as income of the cooperative sugar factory.

27 Feb 2012

The case involved a tax appeal by the Commissioner of Income Tax against Shetkari Sahakari Sakhar Karkhana Limited, a cooperative sugar factory. The p...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind — Detenu's Retraction of Statement Not Considered by Detaining Authority

11 Oct 2011

The petitioner, son of the detenu Balwinder Singh, filed a writ petition under Article 226 of the Constitution of India challenging a detention order ...

High Court

Bombay High Court Dismisses Revision Against Conviction Under Section 138 NI Act — Rejects Arguments on Repeal of Amending Act, Default Sentence, and Notice Validity. The Court held that the repeal of the amending Act does not affect the provisions, imprisonment in default of compensation is permissible, and service by UPC is sufficient.

30 Sep 2005

The applicant, Mohamed Ali Mulla, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque of Rs. 5,00,000 is...

High Court

Bombay High Court Allows Substitution of Legal Heir in NI Act Appeal After Complainant's Death. The court permitted the brother and power of attorney holder of the deceased appellant to be substituted to pursue the appeal under Section 138 of the Negotiable Instruments Act, 1881.

11 Jan 2005

The case involves an application filed by Hasmukhbhai Kanjibhai Raja, the brother of the original appellant Umesh Kanjibhai Raja, seeking leave to be ...

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