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Madras High Court Dismisses Writ Petitions Seeking Allotment of Excess Land Under As Is Where Is Scheme. Encroachers Cannot Claim Land Beyond What Was Allotted Based on Enumeration, as the Scheme Only Protects Livelihood of Landless Poor.

The dispute involved eight writ petitions filed by encroachers on government land classified as ‘Eri Poramboke’ in Chennai. The Government of Tami...

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Gujarat High Court Quashes Penalties on Customs Broker for Importer's Misdeclaration — No Mens Rea or Knowledge of Fraud Established. Section 112(a), 112(b), 114AA of Customs Act, 1962 require active involvement or knowledge for penalty imposition on customs broker.

The petitioner, M/s. Mathuradas Narandas and Sons Forwarders Ltd., a customs broker, was engaged by GKR Traders Pvt. Ltd., the importer, to facilitate...

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Bombay High Court Quashes Acquisition Order Under MHADA Act Due to Non-Compliance and Delay. Land Acquisition Proposal Sanctioned in 2006 Set Aside as Authority Failed to Complete Acquisition Within Reasonable Period, Rendering the Order Unenforceable.

The petitioners, H.I.M.S. Botawala Charities (a public charitable trust) and another, filed a writ petition under Article 226 of the Constitution of I...

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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 Stays Tender Process for DPD Transport Solution — Transporters' Association and Importer Challenge Monopolistic Selection. Interim Order Prevents JNPT from Proceeding with Tender for Selection of Five Transporters, Protecting Existing Rights Pending Final Hearing.

The dispute arose from a tender notice dated 23 March 2017 issued by the Jawaharlal Nehru Port Trust (Respondent No. 2) for selection of transporters ...

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Bombay High Court Delivers Judgment on Arbitration Petition Under Section 37 of Arbitration and Conciliation Act, 1996. The Petition Challenged Interim Measures Granted by Arbitral Tribunal in Terminalling Service Agreement Dispute.

The petitioner, Gujarat Chemical Port Terminal Co. Ltd., constructed port terminal facilities at Dahej, Gujarat, including tanks for handling and expo...

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Bombay High Court Dismisses Airport Operator's Challenge to Customs Regulation Requiring Bill of Entry for Export Goods. Regulation 5(2) of Handling of Cargo in Customs Areas Regulations, 2009 Held Intra Vires Customs Act, 1962 and Constitutional.

The petitioner, M/s. Mumbai International Airport Private Ltd., filed two writ petitions challenging the validity of Regulation 5(2) of the Handling o...