Search Results for "Section 130"

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Madras High Court Dismisses Revenue's Appeal in Customs Valuation Case — Confirms CESTAT's Finding That Transaction Value of Imported Goods Is Acceptable Under Section 14 of Customs Act, 1962. Burden of Proof on Revenue to Show Fraud or Misdeclaration Not Discharged.

The case involves four Civil Miscellaneous Appeals filed by the Commissioner of Customs (Port-Export), Chennai, under Section 130 of the Customs Act, ...

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Gujarat High Court Dismisses Insurance Company's Appeal in Hit-and-Run Motorcycle Accident Case — Upholds Compensation Under Section 163A Motor Vehicles Act. Insurance Company Liable Even When Offending Vehicle is Unknown as Per Strict Liability Principle Under Section 163A of Motor Vehicles Act, 1988.

The case involves two first appeals filed by Tata AIG General Insurance Co. Ltd. challenging a common judgment and award dated 05.10.2024 passed by th...

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Bombay High Court Dismisses Cross Revision Applications by Tenant and Landlord in Mesne Profits Dispute. Court Upholds Small Causes Court's Fixation of Mesne Profits and 9% Interest Rate Under Section 34 CPC.

The judgment involves cross civil revision applications filed by the tenant, Bharat Petroleum Corporation Limited (BPCL), and the landlord, M/s. Forbe...

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Supreme Court Grants Interim Protection to Journalist in Multiple FIR Case Based on News Broadcasts. Court Transfers One FIR for Investigation, Stays Other Proceedings, and Emphasizes Balance Between Freedom of Speech and Criminal Process Under Article 19(1)(a) and Article 32 of the Constitution.

The dispute arose from two news broadcasts by the petitioner, a journalist and editor-in-chief of Republic TV and R Bharat, on 16 April 2020 and 21 Ap...

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High Court of Karnataka Dismisses Petitioner's Challenge to Rejection of Mining Lease Application. Writ of Mandamus Denied as Re-grant Notification Lapsed and No Vested Right Exists.

The petitioner, M/s. Sunvik Steels Pvt Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to set aside an ord...

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Bombay High Court Dismisses Challenge to Arbitral Award in Guarantee Dispute — Guarantor's Liability Not Discharged by Family Settlement Without Bank's Consent. Family Settlement Between Guarantor and Principal Debtor Does Not Discharge Guarantor Under Section 134 of Indian Contract Act, 1872.

The petitioner, Narinder Pal Agarwal, was a director and guarantor of Narendra Metal Converters Pvt. Ltd., which had taken loans from Saraswat Coopera...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Upholds Concurrent Findings on Readiness and Willingness. Agreement for Sale of Land Executed in 1975, Suit Filed in 1985, Dismissed as Time-Barred and for Failure to Prove Continuous Readiness.

The respondent no.1/plaintiff, a cooperative housing society, filed a suit for specific performance of an agreement for sale of land dated 30.1.1975, ...

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Bombay High Court Dismisses Appeal by Housing Society and Members Against Builder and Flat Owners in Suit for Declaration and Injunction. Court Holds That Dispute Over Construction of Additional Floors and Common Amenities Is Not Maintainable Without Proper Evidence of Title and Breach of Contract.

The appellants, Shangrilla Apartments Co-op. Housing Society Ltd. and its members, filed a suit (Special Civil Suit No.130/2000) before the Civil Judg...

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High Court of Bombay at Nagpur Partially Allows Appeal in Workmen's Compensation Case — Reduces Award from Rs.6,68,130 to Rs.4,50,000. Commissioner Exceeded Jurisdiction by Granting Amount Beyond Claimed Sum Without Amendment.

The appeal arises from a judgment and order dated 9th October 2006 passed by the Commissioner, Workmen's Compensation, Akola in Workmen's Compensation...

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Bombay High Court Allows Customs Appeal Without Pre-deposit in Classification Dispute — Tribunal's Discretion Must Be Exercised Consistently. Pre-deposit direction set aside as Tribunal failed to follow its own earlier order on identical issue under Section 129E of Customs Act, 1962.

The appellant, Videocon Industries Ltd., a manufacturer of LCD TVs, had been regularly importing Liquid Crystal Device – Thin Film Transistor Module...