Search Results for "statutory discretion"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "statutory discretion"

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High Court

Bombay High Court Considers Challenge to Maharashtra Excise Notifications Discriminating Against Imported Wines. Petitioner contends that the impugned notifications violate GATT national treatment principle and constitutional rights under Articles 14, 19(1)(g) and 253.

5 Jan 2010

The writ petition before the Bombay High Court involved a challenge by an importer of foreign wines, holding an FL-I licence, to several notifications...

Supreme Court

Supreme Court Allows Appeals in Urban Land Ceiling Case — Possession Not Validly Taken Under Section 10(6) of ULC Act, 1976. Act of Court Should Not Injure Suitor; Repeal of ULC Act in 2008 Vests Land in Appellant.

3 Mar 2025

The appellant, M/S A.P. Electrical Equipment Corporation (now ECE Industries Limited), owned land in Fatehnagar Village, Rangareddy District, Telangan...

High Court

High Court of Karnataka Dismisses Petition to Quash FIR Against School Authorities Accused Under POCSO Act. Court Holds that Statutory Duty to Report Child Sexual Abuse Overrides Institutional Silence and Upholds Investigation for Failure to Report Under Section 21.

2 Jul 2026

The judgment arises from a criminal petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR registe...

Supreme Court

Supreme Court Quashes High Court's Order in Tax Assessment Writ Petition Due to Statutory Remedy Foreclosure. High Court Exceeded Jurisdiction by Entertaining Writ Petition After Statutory Appeal Was Dismissed as Time-Barred Under Section 31 of the Andhra Pradesh Value Added Tax Act, 2005.

6 May 2020

The dispute arose from a tax assessment order dated 21.6.2017 passed by the Assistant Commissioner of Commercial Taxes against the respondent, a regis...

Supreme Court

Supreme Court Allows Appeal in Employee's Compensation Act Case — Modifies Interest Rate to 12% Per Annum from Date of Accident. Statutory Mandate Under Section 4A(3)(a) of Employee's Compensation Act, 1923 Requires 12% Simple Interest on Default, with Discretion Only for Higher Rate.

17 Feb 2025

The appeal arose from a claim under the Employee's Compensation Act, 1923, where the deceased was employed as a cleaner in a truck owned by his father...

Supreme Court

Supreme Court Upholds Transfer of Winding Up Petition to NCLT Despite Admission Order. Discretion Under Section 434(1)(c) Companies Act, 2013 Properly Exercised Where Liquidation Was at Initial Stage and No Irreversible Steps Taken.

14 Dec 2020

The Supreme Court dismissed appeals by Action Ispat and Power Pvt. Ltd. against the Delhi High Court's order transferring a winding up petition to the...

High Court

Bombay High Court Allows Writ Petition Challenging Detention of Second Hand Machinery Import — Circular No.4/2008-Cus Held Ultra Vires Section 14(1) of Customs Act, 1962. Transaction Value Must Be Accepted Unless Rebutted by Proper Evidence; Guidelines in Circular Cannot Override Statutory Provisions.

29 Mar 2010

The petitioner, M/s Bosch Limited (formerly Motor Industries Co. Ltd.), a public limited company engaged in manufacturing automotive components, impor...

High Court

Bombay High Court Allows Medical Student Transfer on Compassionate Grounds Despite Quota Restriction — Vestibular Neuritis Constitutes Exceptional Circumstance Under MCI Regulations. The court held that a quota restriction in an information brochure cannot override MCI regulations allowing transfer in exceptional cases under Clause 6 of the Graduate Medical Education Regulations, 1997.

31 Aug 2012

The petitioner, Amey Prakash Kasbekar, was admitted to Krishna Medical College, Karad (a Deemed University) in July 2009 for the MBBS course and passe...

High Court

Bombay High Court Upholds Arbitral Award of 18% Interest in Commercial Dispute Over Television Serial Production. Court holds that arbitral tribunal's discretion to award interest under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996 does not require evidence or reasons beyond the award's reasoning, and 18% is not per se excessive in commercial matters.

5 Dec 2013

The appeal arose from a commercial dispute between Zee Entertainment Enterprises Limited (appellant) and Klassic Studios & Films Private Limited (resp...

High Court

Bombay High Court Allows Petition in Injunction Dispute Over Land Access. High Court sets aside lower courts' orders rejecting temporary injunction, finding that the Plaintiff had established a prima facie case and balance of convenience for restraining Defendants from interfering with its right of way.

23 Jun 2026

The Petitioner, Mondelez India Foods Private Limited (formerly Cadbury India Company Ltd), filed a writ petition under Article 227 of the Constitution...

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