Search Results for "Procedural irregularity"

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Bombay High Court Dismisses Petition Challenging Excise Duty Rate on Cranes — Enacted Statute Prevails Over Discrepancy in Bill Versions. Rate of Duty Under Heading 84.26 of Central Excise Tariff Act, 1985 is 15% Ad Valorem, Not 12% as Claimed by Manufacturer.

The petitioner, M/s. Garlick Engineering, a manufacturer of cranes, filed a writ petition challenging the rate of central excise duty applicable to cr...

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Bombay High Court Dismisses Petitions Challenging No-Confidence Motion Against Sarpanch in Gram Panchayat Dispute. Court holds that the motion was validly passed by a majority of members and the petitioners failed to establish any procedural irregularity under the Maharashtra Village Panchayats Act.

The case involves a dispute regarding a no-confidence motion passed against the Sarpanch of Gram Panchayat Kasbe Sukene, Taluka Niphad, District Nashi...

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Supreme Court Dismisses Revenue's Appeal in Income Tax Assessment Nullity Case Due to Amalgamation. Assessment in Name of Non-Existent Entity Held Void Despite Participation by Successor Company.

The Supreme Court dismissed the appeal filed by the Revenue against the judgment of the Delhi High Court which had upheld the Income Tax Appellate Tri...

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Madras High Court Dismisses Revision Petition Challenging Executability of Decree on Ground of Non-Compliance with Order XX Rule 4 CPC. Judgment Debtor Cannot Raise Nullity of Decree Under Section 47 CPC After Ex-Parte Decree Became Final and Earlier Application to Set Aside Was Dismissed.

The case involves a civil revision petition filed by Srinivasa Doss (petitioner) against P.Kalaidasan and P.Seshian (respondents) challenging an order...

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Bombay High Court Allows Arbitration Petition and Appoints Sole Arbitrator in Equipment Supply Dispute — Respondent's Failure to Appoint Arbitrator Justifies Court Intervention. Existence of Arbitration Clause Confirmed; Court's Role Limited to Section 11(6) of Arbitration and Conciliation Act, 1996.

The petitioner, Master Drilling India Private Limited, entered into an Equipment Supply Agreement dated 01.10.2021 with the respondent, Sarel Drill & ...

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Appellate Court Reviews Conviction Over Procedural Flaw in Naresh Kumar's Murder Case. High Court Examines Impact of Non-Compliance with Section 313, Cr.PC on Fairness of Trial

The appeal of Naresh Kumar, convicted of murder under Section 302 of the Indian Penal Code (IPC) with the aid of Section 34 IPC. The appeal is based o...

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

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Supreme Court Commutes Death Sentence to Life Imprisonment for Mentally Ill Accused in Rape and Murder Case — Non-Compliance with Section 235(2) CrPC and Supervening Mental Illness Considered

The Supreme Court of India heard a review petition filed by an accused (referred to as 'Accused X') against his conviction and death sentence for the ...