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Bombay High Court Upholds Constitutional Validity of Section 129E Customs Act, 1962 Mandating Predeposit for Appeals. Challenge to Order-in-Original Dismissed as No Appeal Filed.

The Bombay High Court disposed of two writ petitions filed by Haresh Nagindas Vora and Sachin Laxmichand Shah, partners of M/s Bright International, c...

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Bombay High Court Upholds Constitutional Validity of Section 129E Customs Act, 1962 Mandating Predeposit for Appeals. Challenge to Order-in-Original Dismissed as No Hearing Opportunity Was Denied.

The petitioners, partners of M/s Bright International, challenged the constitutional validity of Section 129E of the Customs Act, 1962, as amended by ...

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Bombay High Court Dismisses Writ Petition Challenging Termination of Bank Officer for Unauthorized Absence. Petitioner's employment terminated under Regulation 19 of Syndicate Bank (Officers') Service Regulations, 1979 for remaining absent without leave for over 90 days.

The petitioner, Rohit Dewan, was appointed as a Senior Manager (FS) by Syndicate Bank on January 7, 2011, governed by the Syndicate Bank (Officers') S...

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Bombay High Court Dismisses Appeal Against Refusal of Interim Stay in No Confidence Motion Case — No Fresh Motion Barred Under Section 35(3-A) of Bombay Village Panchayats Act, 1958 as First Motion Was Not Moved or Carried.

The appellant, Tatyasaheb Ramchandra Kale, was elected Sarpanch of Theur village panchayat in 2010. On 5 October 2011, a no confidence motion was init...

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Bombay High Court Quashes Reassessment Proceedings Against Company Resolved Under IBC — Clean Slate Principle Applies to Past Tax Claims. Section 31 of IBC binds tax authorities, and no reassessment can be initiated for pre-resolution period.

The petitioners, Uttam Galva Metallics Ltd. (the corporate debtor) and its director, challenged reassessment proceedings initiated by the Income Tax D...

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Bombay High Court Dismisses Petition to Remove Arbitrator in Arbitration Dispute. Relationship Between Arbitrator and Law Firm Representing Party Does Not Automatically Disqualify Under Section 12(5) of Arbitration Act.

The petitioner, Sheetal Maruti Kurundwade, filed a petition under Section 9 and Sections 12(3) and 12(5) of the Arbitration and Conciliation Act, 1996...

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High Court of Karnataka Quashes Dismissal Order Based on Flawed Lokayukta Inquiry — Petitioner's Dismissal Set Aside for Violation of Natural Justice. The court held that an inquiry without opportunity of hearing is invalid and the consequential dismissal order cannot stand.

The petitioner, Sri B. Neelakant, was an employee of the Dharwad, Haveri, Gadag and Uttara Kannada Districts Co-operative Milk Producers Societies Uni...