Search Results for "Procedural Fairness"

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"Supreme Court Upholds LIC's Action on Employee Abandoning Service, Quashes High Court's Relief Order" "Clear cases of job abandonment cannot bypass procedural requirements when the facts substantiate abandonment."

Acts and Sections Discussed: LIC Staff Regulation, 1960: Regulation 39(4)(iii) and Explanations 1 and 2. Constitution of India: Article 226 (Equit...

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"Bombay HC Upholds Arbitral Award in Wage Dispute Over Foreclosed Railway Contract" "Conscious Waiver under Section 12(5) Bars Procedural Challenges, Rules High Court."

The case involves Parties, challenging an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, on grounds of alleged bias an...

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Petitioner’s Appeal Reinstated as Dismissal Grounds Found Invalid; Directions Issued for De Novo Consideration. High Court quashes Appellate Authority's dismissal due to procedural irregularities and remands for reconsideration.

The High Court quashed the impugned order dismissing the Petitioner’s appeal due to alleged non-compliance with pre-deposit requirements and lack of...

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Supreme Court Upholds Remand Order in Dispute Over Dissolution of Partnership and Final Decree. Partnership dissolution, settlement of accounts, and profit-sharing dispute resolved through remand for evidentiary re-evaluation.

The Supreme Court disposed of appeals challenging the High Court's remand order concerning the dissolution of the partnership firm Crystal Transport S...

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"Rejection of Nomination for Chembur Constituency: A Judicial Review of Procedural Compliance" "Ensuring procedural integrity in electoral nominations under the scrutiny of the judiciary."

The Bombay High Court dismissed a writ petition challenging the rejection of a nomination to contest the Maharashtra Legislative Assembly elections. T...

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"Show Cause Notice Quashed Due to Inordinate and Unexplained Delay in Adjudication" "15-year delay in Customs Act proceedings deemed unreasonable and prejudicial by the Court"

The Bombay High Court quashed a 2008 show cause notice issued under the Customs Act, 1962, against the Petitioner, citing an inordinate, unexplained d...

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Refund Rejection Orders Quashed Due to Breach of Rule 92(3) of CGST Rules, 2017 and Violation of Natural Justice. Rejection of refund applications overturned on grounds of non-compliance with procedural rules and denial of opportunity for hearing.

The Petitioner challenged the rejection of its refund application by the department on the grounds of procedural irregularities and a breach of the Ce...

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Refund Denial Set Aside Due to Non-Compliance with Rule 92(3) of CGST Rules, 2017. Court orders reconsideration of refund applications by following procedural compliance under Rule 92(3) of CGST Rules.

The Court dealt with a petition challenging the rejection of a refund claim under CGST Rules, 2017. The petitioner argued that there was non-complianc...

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Supreme Court Voids Gujarat HC's Ante-Dated Judgment in Civil Appeal. Justice Must Not Only Be Done, But Must Also Be Seen to Be Done: SC Highlights Ethical Standards for Judicial Decisions

The Supreme Court set aside a judgment of the Gujarat High Court where the court had failed to provide a timely reasoned judgment, allegedly backdatin...

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Bombay High Court Quashes VAT Assessment Order on Ferrero India Over Procedural Lapses and Legal Malafides Violation of Natural Justice and Statutory Limitations Results in VAT Demand Cancellation

The petitioners challenged assessment orders issued under the Maharashtra Value Added Tax (MVAT) Act. The orders sought to levy VAT on royalty payment...