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Supreme Court Allows Appeal of Commissioner of Customs in Central Excise Case — CESTAT Order Set Aside for Non-Application of Mind. Processing of Cotton Fabrics with Aid of Power Without Following Excise Procedures Constitutes Manufacture Under Section 2(f) of Central Excise Act, 1944.

The case involves an appeal by the Commissioner of Customs, Central Excise & Service Tax, Rajkot against an order of the Customs, Excise and Servi...

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Bombay High Court Dismisses Petition Challenging CRB Order Imposing Cost Recovery Charges on CFS Operator. Policy Decision Not Subject to Judicial Review Under Article 226 of Constitution of India.

The petitioner, Sarveshwar Logistics Services Pvt. Ltd., a company registered under the Companies Act, filed a writ petition under Article 226 of the ...

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Bombay High Court Allows Writ Petition Quashing Service Tax Levy on Irrigation Restoration Charges Paid to State Government. State's Collection of Charges for Water Diversion is a Sovereign Function, Not a Taxable Service Under Finance Act, 1994.

The petitioner, Rattan India Power Limited, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challeng...

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Bombay High Court Allows Appeal in Carriage of Goods by Sea Case — Sets Aside Ex-Parte Decree Due to Non-Service of Summons. Service of summons on agent of foreign principal held insufficient to bind the principal under Order 5 Rule 12 of CPC, 1908.

The appeal arises from a judgment and decree dated 18 October 2014 passed by the City Civil Court, Bombay in SC Suit No.7175 of 1997. The plaintiff, D...

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Bombay High Court Allows Transfer of Arbitration and Execution Proceedings to Principal District Judge Nagpur by Consent. Parties Agree Not to Raise Objections Under Arbitration Act or Commercial Courts Ordinance, 2015.

The petitioner, M/s. Kandla Cargo Handlers, challenged an order dated 27.6.2018 passed by the learned Principal District Judge, Nagpur, which granted ...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 Notice. Failure to Inform Appellant of Right to Search Before Magistrate or Gazetted Officer Renders Recovery of Contraband Illegal and Conviction Unsustainable.

The appellant, Ms. Naomi Banda, a Zambian national, was convicted by a Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

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Bombay High Court Quashes Preventive Detention Order Under COFEPOSA Act Due to Non-Supply of Incriminating Documents. Detenu's Right to Make Effective Representation Under Article 22(5) Violated as Statements of Co-Accused and Call Data Records Not Furnished.

The petitioner, wife of the detenu Vilas Vithal Ambokar, challenged a preventive detention order dated 10th April 2015 passed by the Principal Secreta...

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Supreme Court Upholds Death Sentence of 26/11 Terrorist in Mumbai Attacks Case. Court Dismisses State's Appeal Against Acquittal of Co-Accused Due to Insufficient Evidence, Finding No Perversity in Trial Court's Decision.

The Supreme Court dealt with appeals arising from the 26/11 Mumbai terror attacks. The appellant, Mohammed Ajmal Kasab, a Pakistani national, was conv...