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High Court of Karnataka Quashes Cancellation of Fair Price Shop Authorization Due to Violation of Natural Justice. Petitioner's authorization cancelled without notice or opportunity of hearing, and appellate order also set aside for lack of proper consideration.

The petitioner, Sri Manjunath, was a fair price shop dealer authorized under the Essential Commodities Act, 1955. His authorization was cancelled by t...

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Bombay High Court Quashes IBBI Circular as Ultra Vires in Insolvency Professional Regulation — Circular Purporting to Clarify Regulation 4(2)(b) of LP Regulations Held to Be an Impermissible Retrospective Amendment.

The petitioner, Amit Gupta, a chartered accountant and registered insolvency professional, challenged a circular dated 28 September 2023 issued by the...

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Supreme Court Dismisses Appeal in Insolvency Case Over Creditor Status and Resolution Plan Approval. Statutory Authority's Claim as Financial or Secured Creditor Rejected Due to Lack of Diligent Action During Corporate Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016.

The dispute arose from the Corporate Insolvency Resolution Process (CIRP) of M/s. JNC Construction (P) Ltd, the Corporate Debtor. The appellant, a sta...

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Supreme Court Bans Mining in Eco-Sensitive Zones Around National Parks and Wildlife Sanctuaries. Minimum 1 km Buffer Zone Mandated to Protect Forest Resources and Wildlife Habitat Under the Environment (Protection) Act, 1986 and Forest Conservation Act, 1980.

This judgment arises from a series of interlocutory applications in the ongoing T.N. Godavarman Thirumulpad v. Union of India public interest litigati...

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Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...

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Bombay High Court Dismisses Petition Challenging Condition in Customs Circular Requiring Bank Guarantee for Accredited Importers. Condition Requiring Bank Guarantee for Differential Duty in Provisional Assessment Held Valid as Reasonable Safeguard Under Customs Act, 1962.

The petitioner, Shah Pulp & Paper Mills Limited, challenged the legality and validity of a condition contained in paragraph 7(iii) of a circular issue...