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Bombay High Court Allows Writ Petition for Release of Retirement Benefits Withheld Due to Caste Certificate Dispute — DOPT Circular Cannot Be Applied Retrospectively Without Following Principles of Natural Justice.

The petitioner, Dilip Chintaman Nandankar, was a Development Officer appointed on 20.05.1987 in the Scheduled Tribe (ST) category in the New India Ass...

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Bombay High Court Hears Petition Against Coercive Recovery of Service Tax Without Adjudication, Examining Scope of Section 73 of Finance Act, 1994. The Court Considers Whether Revenue Can Take Steps Under Section 87 Absent Determination of Tax Liability Through Statutory Adjudication Process.

The petitioner, ICICI Bank Ltd., a scheduled bank, challenged a communication dated 25/3/2015 issued by the Service Tax authorities demanding interest...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Civil Nature of Dispute — Agreement for Sale Not Attracting Section 138 NI Act. Dispute Pertained to Dishonour of Cheque Issued as Security in Property Transaction, Not for Discharge of Legally Enforceable Debt.

The petitioner, Shyamsunder Radheshyam Agarwal, entered into an agreement with respondent no. 2, Bhupendra Ghisulal Borana, on 27.10.2009 for the sale...

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Bombay High Court Quashes FIR in Commercial Dispute Over Soyabean Supply — No Cheating Intent Established. Contractual Breach Without Deceitful Intention from Inception Does Not Attract Section 420 IPC.

The applicants, a partnership firm named Sagacious Impex, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing ...

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Bombay High Court Dismisses Petition Challenging Caste Certificates of Private Respondents for Lack of Locus Standi. Third-party challenge to caste validity certificates fails as petitioner had no personal interest or statutory authority under Article 226 of Constitution of India.

The petitioner, Ashok Shinwar Mali, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a writ o...

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High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Penalty Case — Tribunal's Order Upheld for Lack of Substantial Question of Law. Penalty under Section 271(1)(c) of the Income Tax Act, 1961 for alleged concealment of income was deleted by the Tribunal on finding no deliberate concealment.

The case pertains to an appeal filed by the Revenue under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribu...

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High Court of Karnataka Allows Writ Appeal Against Lokayukta Enquiry Order — Enquiry Under Section 12(3) of Karnataka Lokayukta Act, 1984 Cannot Be Initiated Without Preliminary Verification Under Section 12(1) and (2).

The appellant, an Assistant Engineer in the Public Works Department, challenged an order of the learned Single Judge dismissing his writ petition agai...