Search Results for "prior finding binding"

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High Court Considers Maintainability and Exemption Issue in Writ Petition Against Tax Demand on Alleged Non-Export Sale. Interprets Section 5(3) of CST Act Regarding Penultimate Sale Deemed Export.

The petitioner, a manufacturer of submarine navy batteries, challenged orders demanding sales tax under the Bombay Sales Tax Act, 1959 on the ground t...

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Supreme Court Upholds High Court Order Quashing State Circulars on Temple Land Records in M.P. Land Revenue Code Dispute. Executive Instructions Found Invalid as They Sought to Override Statutory Bhumiswami Rights of Pujaris Protected Under Sections 57 and 158 of M.P. Land Revenue Code, 1959.

The dispute arose from circulars issued by the State of Madhya Pradesh in 1994 and 2008 directing deletion of Pujari names from revenue records to pre...

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Bombay High Court Allows Petitioners' Challenge to Invalid Caste Certificates for Thakur-Scheduled Tribe. Scrutiny Committee's Rejection of Pre-Constitution Documents and Prior Family Precedents Was Unsustainable.

The Petitioners, Rushikesh Madhukar Chavan (a minor through his father) and Anita Sanjay Chavan, challenged orders dated 30.12.2020 and 18.11.2020 pas...

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Bombay High Court Grants Injunction in Trademark Infringement Case: 'ROFOL' vs 'PROFOL'. Prior Registration of 'ROFOL' by Plaintiff in 1992 Entitles Injunction Against Defendant's Deceptively Similar Mark 'PROFOL' Under Section 29 of Trade and Merchandise Marks Act, 1958.

The plaintiff, M/s. Neon Laboratories Limited, filed a suit for infringement and passing off against the defendants, M/s. Medical Technologies Ltd. an...

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Supreme Court Allows Cross-Appeals Against Remand Order in Arbitration Matter — Power of Appellate Court Under Section 37 of Arbitration Act Examined. The Court held that an appellate court under Section 37 cannot remand a Section 34 petition for fresh hearing but must decide the appeal on merits.

The dispute arose from a development agreement concerning a slum rehabilitation scheme in Mumbai. The appellant, Bombay Slum Redevelopment Corporation...

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Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in MOFA Conveyance Suit. Concurrent findings of trial court and appellate court that plaintiff failed to establish prima facie case for injunction upheld.

The petitioner, Sita Vihar Co-operative Housing Society Ltd., filed a writ petition challenging the concurrent rejection of its application for tempor...

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Supreme Court Allows Appeal in Service Dismissal Case, Reinstating Dismissal Order Quashed by High Court. The Court Held That Approval of Charge-Sheet by Competent Authority at Issuance Stage Is Not Mandatory If Initiation of Proceedings Was Approved, Under Civil Services Rules and Precedents.

The dispute arose from the dismissal of a civil service officer in Jharkhand following disciplinary proceedings for misconduct involving dishonesty, f...