Search Results for "Waiver and Consent"

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Bombay High Court Allows Writ Petition Challenging Settlement Commission's Power to Levy Interest Under Section 234B When No Interest Was Charged in Original Assessment. Interest under Section 234B(4) can only be increased or reduced if it was initially chargeable under the original assessment order.

The petitioner, Akbar Travels of India Pvt. Ltd., an IATA approved travel agent and money changer, filed returns for Assessment Years 2002-03 to 2006-...

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Bombay High Court Dismisses Appeal Against Setting Aside of Arbitral Award Due to Limitation and Abandonment. Claims raised after 12 years from contract termination held barred by limitation under Article 137 of Limitation Act, 1963 and deemed abandoned under contract terms.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court setting aside an arbitral award dated 19 July 2007 that had grante...

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Bombay High Court Allows Appointment of Sole Arbitrator in Bank Dispute Over Loan Facility Breach. Arbitration Clause in Hypothecation Agreement Invoked Despite Respondent's Objections Regarding Limitation and Non-Arbitrability.

The applicant, Mantras Green Resources Ltd., a company incorporated under the Companies Act, 1956, engaged in environmental conservation, availed a lo...

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Bombay High Court Reduces Prison Punishment for Overstaying Furlough — Cutting of Remission Modified to One Day for Each Day of Overstay. Principle of Proportionality Applied to Prison Discipline Under Prisons Act, 1894 and Prisons (Bombay Furlough) Rules, 1959.

The petitioner, Buwaji Sahadeo Hazare, a prisoner, filed a Criminal Writ Petition before the Bombay High Court challenging the prison punishment impos...

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Bombay High Court Allows Waiver of Cooling-off Period in Mutual Consent Divorce — Family Court's Direction to Wait 18 Months Set Aside. Section 13B(2) of Hindu Marriage Act, 1955 requires only six months waiting period after first motion, not 18 months.

The petitioner and respondent were married and jointly filed an application under Section 14 of the Hindu Marriage Act, 1955 seeking waiver of the one...

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Bombay High Court Dismisses Petitioner's Challenge to Sugar Commissioner's Refusal of Aerial Distance Certificate for New Sugar Factory. Court Upholds Commissioner's Decision Based on Non-Compliance with Minimum Distance Requirement Under Sugarcane Control Order, 1966.

The petitioner, Sangmeshwar Sugar Limited, a company registered under the Companies Act, 1956, sought to establish a new sugar factory at Sonegaon, Ya...

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Bombay High Court Allows Appeal Against CESTAT Predeposit Order in Central Excise Valuation Dispute. The Court held that the Tribunal must consider prima facie case, balance of convenience, and financial hardship while deciding waiver of predeposit under Section 35F of the Central Excise Act, 1944.

The appellant, Hyva (India) Private Limited, is engaged in body building on motor vehicle chassis supplied by Tata Motors Limited. Tata Motors clears ...