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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 Insurance Company's Revision Against MACT Award for Lack of Permission Under Section 170 of Motor Vehicles Act. Insurance Company Cannot Challenge Award on Merits Without Tribunal's Permission When Owner and Driver Are Exparte.

The Oriental Insurance Co. Ltd. filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the judgment an...

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High Court Quashes Lok Adalat Award Filed by Non-Guardian of Minor, Remands Claim Petition. Absence of Proper Representation of Minor Vitiated Compromise, and Compensation Was Not Determined as Per Law.

A minor child and her paternal grandmother (as next friend) approached the High Court under Articles 226 and 227 of the Constitution and Section 173(1...

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Supreme Court Dismisses Contempt Petitions Against WPL in Super Bazar Revival Case — No Willful Disobedience of Orders Found. Revival Scheme Implemented Under Court Supervision; Payments Made as Directed.

The judgment pertains to contempt petitions filed against M/s Writers and Publishers Pvt. Ltd. (WPL) alleging willful disobedience of court orders in ...

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High Court Dismisses Insurer's Appeal as Not Maintainable Due to Absence of Tribunal's Permission Under Section 170(b) of Motor Vehicles Act. Appeal Against Quantum of Compensation Fails as Insurer Did Not Obtain Leave to Contest Merits Beyond Statutory Defences.

The High Court of Judicature at Bombay, Bench at Aurangabad, dealt with an appeal filed by M/s Shriram General Insurance Company Limited against an aw...

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High Court of Karnataka Dharwad Bench Hears Writ Petition Challenging Rescission of Appointment of Additional District Government Pleader Within 24 Hours. The Court Examines Whether the Impugned Notification Violates Constitutional Prohibition Against Arbitrariness in Context of Pleasure Doctrine.

The case concerns the abrupt withdrawal of an appointment as Additional District Government Pleader at the newly established XI Additional District an...

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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Policy Exclusion for Non-Paid Driver Upheld. Insurer not liable for accident caused by driver not holding valid licence and not covered under policy terms.

The case involves a motor accident claim where the appellant, The Oriental Insurance Company Ltd., challenged the award of the Motor Accident Claims T...