Search Results for "Procedural illegality"

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Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...

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Bombay High Court Quashes Externment Orders Under Section 55 of Bombay Police Act for Non-Compliance with Procedural Requirements. Orders set aside as show cause notice did not specify the nature of activities and witnesses were not examined in presence of petitioners.

The petitioners, Vijay Lalso Jadhav and Shailesh Ramesh Jadhav, challenged the externment orders passed by the Competent Authority (Superintendent of ...

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Bombay High Court Dismisses Petitions Challenging Trade Union Recognition and Election in Air India. Court upholds the validity of the recognition granted to Air India Employees Union and the election conducted under the Code of Discipline in Industry, 1958.

The judgment pertains to two writ petitions filed by Air India Employees Guild and Air Corporation Employees Union challenging the recognition granted...

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Supreme Court Sets Aside Bail Granted by Calcutta High Court in Jnaneshwari Express Derailment Case — CBI Investigation Undermined by Premature Release. Reverse Burden of Proof Under Section 436A CrPC Not Applicable Where Investigation Ongoing and Trial Not Commenced.

The Supreme Court heard appeals by the Central Bureau of Investigation (CBI) against the grant of bail to multiple accused persons in connection with ...

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Bombay High Court Quashes Liquidation Order Against Cooperative Society for Violation of Natural Justice. Failure to Conduct Enquiry Under Section 83 and Inspection Under Section 84 of Maharashtra Cooperative Societies Act, 1960 Renders Winding Up Order Arbitrary.

The petitioners, Smt. Jaya Admane (Secretary) and Sanjay Dhabekar (President) of Samta Grahak Sahakari Sanstha, challenged an order dated 31st March 2...

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Bombay High Court Upholds Conviction for Criminal Intimidation in SC/ST Act Case Despite Procedural Lapse. Threat to set house on fire under Section 506 IPC sustained as investigation under Atrocities Act was invalid due to non-compliance with Rule 7 of SC/ST Rules.

The appellant, Umesh Pralhad Jadhao, was convicted by the Additional Sessions Judge, Akola, for offences under Section 506 (criminal intimidation) and...