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Supreme Court Allows Appeal and Remands Case to High Court for Deciding Vires of Section 40(a)(iib) of Income Tax Act. High Court Must Decide Constitutional Challenge on Merits Despite Pending Assessment Proceedings.

The appellant, M/s Tamil Nadu State Marketing Corporation Ltd., filed a writ petition before the Madras High Court challenging the constitutional vali...

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Bombay High Court Allows Writ Petition Challenging Termination of Peon Without Enquiry. Termination Order Held Stigmatic as It Referred to Prior Communications Alleging Misconduct, Requiring Disciplinary Enquiry Under Section 81 of Maharashtra Public Universities Act, 2016.

The petitioner, Sushind Kisan Rathod, was employed as a Peon at Rajashree Shahu Science College, Chandur Railway, which is run by respondent no.2, Atu...

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Bombay High Court Dismisses Appeal by School Management Against Reinstatement of Probationary Teacher. Termination of probationer without inquiry and without approval under Section 5 of MEPS Act is invalid.

The case involves an appeal by a school management (Shri Vinayak Vidhyadayini Trust and its Headmistress) against the order of the School Tribunal and...

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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...

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Supreme Court Allows Bank of Baroda's Appeal Against High Court Order Quashing Termination of Probationary Employee. Unsatisfactory Performance and Misconduct During Probation Justify Termination Without Stigma.

The present appeal arises from a judgment of the Calcutta High Court which allowed the writ petition of the respondent-employee and quashed his termin...