Search Results for "Waiver and Consent"

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Bombay High Court Quashes Standing Orders in Customs Valuation Dispute — Mandates Acceptance of Declared Transaction Value. Petitioner's imported goods detained on suspicion of undervaluation; court holds that without proper inquiry under Customs Act, 1962, rejection of transaction value is arbitrary.

The Petitioner, The Supreme Industries Ltd., a company in the plastics industry, imported goods and filed bills of entry declaring the transaction val...

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Bombay High Court Hears Writ Petition Against Appellate Reversal of No Confidence Motion Against Sarpanch under Bombay Village Panchayat Act, 1958. The Petition Raises Issue of Non-Service of No Confidence Motion Notice on Sarpanch Despite Participation in Meeting.

The writ petition arose from a dispute over the validity of a no-confidence motion passed against the Sarpanch of Varkhedi Gram Panchayat under the Bo...

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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 Allows Petitions Challenging Cancellation of Advance Authorizations and Demand for Customs Duty in Sugar Export Cases. Non-compliance with export obligation due to government-imposed export ban constitutes force majeure, and demand for duty with interest cannot be sustained.

The judgment concerns four writ petitions filed by companies engaged in sugar trading and export, challenging the cancellation of advance authorizatio...

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Bombay High Court Allows Writ Petition Challenging Termination of Assistant Teacher in Private Aided School — Violation of Natural Justice and Section 5 of M.E.P.S. Act, 1977. Termination order set aside as no prior approval was obtained from the Education Officer before dismissal.

The petitioner, Vijaykumar Raosaheb Kulkarni, was an assistant teacher employed by the Rasta Peth Education Society, which runs a private aided school...

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Bombay High Court Holds Service of Writ of Summons Without Copy of Plaint Invalid in Commercial Suits Under Commercial Courts Act, 2015 — Time for Filing Written Statement Does Not Run Until Proper Service Effected.

The judgment addresses an interim application by the defendant, Metso India Pvt Ltd, in a commercial suit filed by Atlanta Limited. The core issue was...

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Bombay High Court Quashes Appointment of Administrator in Co-operative Bank Case for Violation of Natural Justice. Order under Section 77A of Maharashtra Co-operative Societies Act, 1960 set aside as passed without notice or hearing.

The Bombay High Court dealt with two writ petitions challenging an order dated 21st December 2004 passed by the Divisional Joint Registrar of Co-opera...

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Supreme Court Upholds Dismissal of Assessee's Appeals for Non-Payment of Tax; Holds Extension of Assam Sales Tax Act to Shillong Administered Area Valid. Requirement of Payment of Tax Before Appeal Under Section 30 of Assam Sales Tax Act, 1947 Upheld, No Power to Accept Security in Lieu of Cash.

The dispute arose out of assessment orders and penalties imposed under the Assam Sales Tax Act, 1947 on the appellant for various periods, all of whic...

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Bombay High Court Dismisses PIL Challenging Allotment of Land to Judges' Cooperative Housing Society. Allotment of land by MHADA to a cooperative housing society formed by judges was held to be legal and not arbitrary.

The petitioner, Ketan Tirodkar, a citizen of India, filed a Public Interest Litigation (PIL) before the Bombay High Court challenging the allotment of...